Defined As

IF 0.2 4区 文学 0 LITERARY REVIEWS
Peter Womack
{"title":"Defined As","authors":"Peter Womack","doi":"10.1111/criq.12800","DOIUrl":null,"url":null,"abstract":"<p>In March 2024, the then UK Communities Secretary, Michael Gove, unveiled a new official definition of ‘extremism’. It turned out to be something of a damp squib, but the attendant announcements and guidance notes suggested that he meant it to be important. The exercise was informed, then, by the assumption that defining a word may be a consequential political act in itself. Is that so? Is there a politics of lexicography?</p><p>The definition is politically slanted, but it presents itself as the straight answer to a straight question: what is extremism? It does not even admit to having an author; the definition of the word appears as an impersonal fact. This effect of objectivity has obvious ideological advantages. In Orwell's <i>1984</i>, sinister philologists rewrite the dictionary so as to make the English language incapable of expressing liberal ideas. If you can determine what words mean, you can control thought.</p><p>Of course that is one of Orwell's boldly Swiftian simplifications. Real-life lexicographers do not wield such power, and a definition is not a once-for-all edict; it is common for a single word to be defined variously, depending on what the definition is for. So ‘salt’, say, will have one definition in a dictionary for foreign learners of English, and a different one in a glossary for students of chemistry. Definitions which are adapted to particular contexts in this way can hardly claim general authority. But among these contexts, there is at least one in which definitions really are designed to be arbitrarily authoritative—namely, the specification of terms that normally forms part of the text of a law. A legislator's definition is not the same thing as a lexicographer's, because the legislator actually is in the business of exercising power.</p><p>So far from explaining what is meant by ‘infrastructure’, this merely repeats the word itself, apparently in the belief that it is self-explanatory. Despite what they say, the authors of this section are not really interested in meaning. Rather, the function of their definition is to delineate a class of objects which one can be prosecuted for disrupting. The class has no general validity: it exists only for the purposes of this law, and according to a later clause it can be altered by statutory instrument—that is to say, ‘key national infrastructure’ denotes what the Secretary of State may at any time say it does. The expression is semantically empty in the same way as ‘category A prison’ or ‘grade 2 listed building’: the definition is not an exposition of what the words mean, it is the label on a box.</p><p>The opposite kind of definition is elegantly exemplified, as it happens, by another account of ‘extremism’, produced in 2016 as part of the judgment in a libel case.<sup>4</sup> The Chief Imam at an Islamic centre, Shakeel Begg, had been described as an extremist on a BBC current affairs television programme and was seeking damages; the BBC's defence was that what had been said about him was substantially true. The judge in the case, Mr Justice Haddon-Cave, therefore needed a usable definition of ‘extremism’, so that he could determine whether it was an accurate description of the claimant's publicly expressed views. He evolved his definition by positing that the ‘extreme’ is ‘by definition’ what is not ‘moderate’, turning accordingly to mainstream Islamic authorities for statements of moderate opinion on a range of doctrinal and political issues, and then measuring extreme positions by their distance from the moderate ones.</p><p>Although the resulting definition was devised for legal purposes, it is not a ‘legal definition’. It does not assume the authority to dictate a meaning for the word; rather, it regards the question ‘what does it mean?’ as an empirical one, which can only be answered after a certain amount of research. Moreover, in constructing a contrast between ‘extremist’ and ‘moderate’ views on the same issues, it is basing its interpretation on the everyday sense of the word ‘extreme’. That is, it takes it that ‘extremism’ means what it <i>looks</i> as if it means. All this can seem a little vague compared with the hard categorial edges of legal definition, but that is because Haddon-Cave is trying to establish what in some legal contexts is called the ‘ordinary and natural meaning’ of the word—the concept it would immediately convey to a reasonably well-informed hearer. This is, after all, where the legal question of damages comes from: if the BBC has harmed Begg's reputation, it must be by the impression of him that was formed in the mind of a person hearing the description—so what matters is not what an Act of Parliament or a Secretary of State declares extremism to be, but what this notional hearer understands by the word. In short, Haddon-Cave is in the territory of the lexicographer: usage.</p><p>In both versions, the definition is also, or even primarily, a condemnation. In the old one, ‘extremism’ means opposition to ‘liberty and mutual respect and tolerance’; in the revision, it is, to much the same effect, ‘based on violence, hatred or intolerance’. Both thus define an ‘extremist’ as an enemy of the good; the implicit author is not just an observer of linguistic usage, but a champion of allegedly consensual national values. This implication was spelt out in the House of Commons statement that accompanied the launch. Gove named five organisations that gave ‘cause for concern’ and said ‘We will be holding these, and other organisations, to account to assess if they meet our definition of extremism and will take action as appropriate.’<sup>7</sup> To assess whether something meets a definition is an exercise in semantics, involving nothing more concrete than placing the particular instance inside or outside a given set. But Gove's formulation mixes this operation up with a different one: ‘holding to account’. This expression connotes the scrutiny not of words but of people. It suggests that Gove's somewhat shadowy ‘we’ will not only be merely matching an organisation against a description but also requiring it to defend itself against an accusation; if it fails to do so, it will apparently incur an equally shadowy penalty. Definition has moved across from the sphere of interpretation to that of power.</p><p>The rewrite is designed to enhance the power. The most obvious innovation is the division into three numbered sections. With its fussy reference back from 3) to 1) and 2), it makes the definition <i>look</i> like a section from an Act of Parliament. This is curious, because the official preface to the definition correctly insists that it ‘is not statutory and has no effect on the existing criminal law’. In a sort of linguistic cos-play, the text is pretending to be a law, aware all along that it is not. The costume does not only consist of the layout on the page but also features tortuous chains of abstractions. Thus, by selecting from the alternatives presented at each syntactic stage, we can see that extremism might for example consist of <i>promoting</i> an ideology, which is <i>based on</i> intolerance and <i>aims</i> to intentionally <i>create an environment</i> for others to <i>achieve</i> the <i>replacement</i> of the UK's system of democracy. The six-fold pile-up of process words makes it almost impossible for a reader to trace a coherent thought through this sentence: what would the person who is described in this fashion actually have been doing? The purpose of the writing is not only to convey an idea but also to construct a cat's-cradle of criteria which encloses as much objectionable political behaviour as possible. This tactical emphasis is confirmed by the supporting documents. For example, a preface explains that the new definition has been produced because an increase in the extremist threat means that more powerful tools are needed to counter it: This implicitly admits that the definition is not an objective account of what extremism is, but an instrument for defeating its exponents. We are still in the fiction, or fantasy, that the text is a piece of legislation, determining which behaviours are permitted and which are punished.</p><p>On the other hand, the initiative continues to take advantage of the fact that it is <i>not</i> a piece of legislation. In the House of Commons, Gove promised that the new definition would not affect ‘people like gender critical campaigners, or environmental groups’. But obviously it is possible that at some time in the future, ‘people like’ environmentalists might do things that fall within the scope of the definition, so Gove's assurance is quite arbitrary. It reveals his underlying assumption that, whatever the form of words may say, he will retain the discretion to decide who is ‘affected’ and who is not. If he were really writing a law, this assumption would fail because, in the end, the rules would be interpreted independently by a court. But so long as the whole performance remains within the sphere of official guidance and procedure, meaning can be kept in-house. The air of legislative rigour is fraudulent.</p><p>Within the field of definition, then, this is a hybrid specimen. It is not a lexicographical definition, because it offers neither information nor evidence about the meaning of the word in ordinary speech. But it is not a legal definition either, because it makes a point of its non-statutory character. What is it for, and what is its force? Its own answer to that question is that the State should not fund, or engage in partnership with, ‘extremist’ groups, and that the definition will help officials spot the organisations to avoid. This is not convincing. A limited function of that kind would not require the public fanfare with which the thing was launched, and in any case, ‘extremism’ is not the sole criterion for such decisions. An earlier draft, for instance, identified certain groups as ‘divisive forces within Muslim communities’;<sup>8</sup> if that is true, it is an excellent reason for not funding them from a community cohesion budget, whether they are ‘extremist’ or not. The definition of that one word is both more and less than is needed for its declared purpose.</p><p>Rather, what seems to be happening is an attempt to direct the application of the word as it appears in day-to-day political circulation. By blurring the distinction between legal and lexicographical kinds of defining, the initiative seeks to bring a pseudo-judicial authority to bear on general usage and so to influence what we mean by it. It does after all intend the simple effect that appeared at the beginning of this article: a definitive answer for somebody who asks what extremism is. At this point, it matters that, for example, the definition places extremism at an opposite pole to Britishness, while many of the organisations that give particular ‘cause for concern’ draw their membership from immigrant communities. Among its other rhetorical functions, the pedantic, quasi-legislative tone serves to muffle the shrillness of the dog whistle.</p><p>The whole performance was perhaps modelled on a more formidable precursor: the characterisation of ‘anti-semitism’, which, agreed at a plenary session of the International Holocaust Remembrance Alliance in May 2016, was subsequently accepted by many institutions, rejected by some and forced upon others. This document—‘the IHRA definition’<sup>9</sup>—has proved widely influential, but it too begins by disavowing statutory authority: its full title, ‘The non-legally binding International Holocaust Remembrance Alliance working definition of antisemitism’, fits two separate disclaimers into a dozen words. There were further caveats later from the lead author of the definition, Kenneth Stern, who has engagingly described it an aid for bean counters.<sup>10</sup> That is, researchers associated with the International Holocaust Remembrance Alliance (IHRA) were trying to compile a picture of the extent of antisemitism across different times and countries, so it was important that they should all be logging the same kind of thing, and the original function of the definition was to help ensure this consistency.</p><p>This time a bullet-pointed list of 11 examples does follow the colon. But these are rendered provisional by the way they have been framed. They are ‘<i>examples</i>’, which ‘<i>may</i> serve as <i>illustrations</i>’; incidents of antisemitism ‘<i>could</i>, taking into account the overall context, <i>include</i>’ the items on the list, but there could be others, not mentioned here. Several of the bullet points themselves contain further ‘e.g.’s. Everything about the document's self-presentation says that it wants to be read not only as a categorical authority but also as a repertoire of suggestions, which the data collectors are to use by the light of their own judgment.</p><p>A definition marked by such paradoxical indefiniteness might well be useful to the bean counters, but since then, it has been put to very different uses, and it is these that have turned it into a <i>cause célèbre</i>. In the United States, following a lengthy campaign, the Antisemitism Awareness Act, passed by the House of Representatives in May 2024, applied the IHRA definition to Title 6 of the 1964 Civil Rights Act, which provides that ‘No person in the United States shall, on the ground of race, color, or national origin … be subjected to discrimination under any program or activity receiving Federal financial assistance.’<sup>11</sup> This conjunction means that any organisation which can be shown to be antisemitic, according to the IHRA definition, or to any one of its illustrative examples,<sup>12</sup> is judged to be discriminating against Jewish Americans and therefore ceases to be entitled to Federal funding. The financial connection has the effect of transforming the definition from one kind of implement into another. Having been designed as a shovel for scooping up assorted manifestations of antisemitism, it is repurposed as a razor for dividing deserving from undeserving recipients of Government grants.</p><p>Its career in the United Kingdom is different, but has led to the same kind of reassignment. Its publication in the spring of 2016 coincided with an explosion of accusations of antisemitism within the British Labour Party, which continued for the rest of Jeremy Corbyn's leadership, fuelled both by internal factional struggles and by the delighted opportunism of Labour's political opponents. In April 2018, Corbyn attempted to mend fences through a meeting with leaders of the national Jewish community, and one of their suggestions was that the Labour Party should adopt the IHRA definition, as numerous institutions had already done.<sup>13</sup> In July, the Party's National Executive Committee agreed to adopt the definition, but excepted four of the examples, because they are examples of hostility not so much to Jews as to the State of Israel, and NEC members wanted to keep open a space in which one could articulate radical criticism of the Israeli government without being convicted of antisemitism. The result of this decision was an argument of extraordinary ferocity about the four deleted examples, and in September, Labour reluctantly restored them to its adopted definition. The argument had almost nothing to do with the content of the four articles themselves. It was rather that the IHRA definition had come to symbolise the repudiation of antisemitism as such, so that to adopt it with some clauses missing was understood as a deliberately incomplete gesture of assent, as if Labour was reserving the right to go on being <i>a little bit</i> antisemitic.</p><p>It was a right-wing victory, and it encouraged other forays over the following year or two, including, for example, a Government insistence that the definition should be adopted by all universities. In October 2020, the then Education Secretary, Gavin Williamson, sent a letter to Vice-Chancellors complaining at the slow take-up, and adding, ‘If I have not seen the overwhelming majority of institutions adopting the definition by Christmas then I will act’.<sup>14</sup> By ‘acting’, he apparently meant getting the Office for Students, the supposedly independent regulatory body for higher education, to consider suspending funding streams to non-compliant institutions. The headmasterly tone of the instruction contrasts oddly with its vagueness. Williamson does not say what internal purposes the definition is to serve once it has been adopted; nor does he explain how adopting it will lead to the stated objective, which is the protection of Jewish students from harassment and discrimination. All that is required is the simple act of adopting it. The document thus becomes a pure emblem of orthodoxy, recalling the State's control of universities in earlier centuries through Test Acts and oaths of allegiance.</p><p>This embraces an open-ended repertoire of symbols and images. ‘Classic antisemitism’ is not a well-defined category to begin with, and in any case, the formula is not confined to it, because it also takes in imagery that is merely ‘associated with’ it, and that phrase—‘associated with’—can cover a lot of distance in particular cases. For example, the <i>Guardian</i>'s cartoonist of 40 years, Steve Bell, lost his job over a drawing of Netanyahu using a surgical implement to cut a Gaza-shaped chunk out of his own stomach.<sup>15</sup> It fell within the scope of this clause because it was ‘associated with’ the cutting out of a pound of flesh by the villainous Jew in Shakespeare's <i>The Merchant of Venice</i> (which is undoubtedly both antisemitic and a classic, and perhaps therefore an instance of classic antisemitism). The allusion was not intended, and it makes no sense in relation to the point of the cartoon. But the fact that it occurred to somebody—anybody—seems to have been enough to form the prohibited ‘association’.</p><p>This associative freedom is innocuous in the context of the definition's original function. Antisemitism is disreputable in many political cultures around the world, so you would expect its expression to be often under the radar, and the ‘bean counters’ have to allow for the implicit or duplicitous forms in which their object might appear. But when the document is elevated to the status of a pseudo-law (as it has been by the <i>Guardian</i>, by the Jewish Labour Movement, by the US Congress), its informality becomes a weapon. It is not only that the conversational looseness of its categories enables it to expose an immense range of discursive behaviour to the accusation of antisemitism. It is also that the IHRA definition, floating free of any judicature, any formally constituted authority, is therefore also free of the legal mechanisms of defence, mitigation, proportionality and so on. It applies not in a specified set of circumstances but anywhere and anyhow. And those who are captured by it have no tribunal to which they can protest their innocence, because they have been convicted not by a human judge, but by a simple semantic fact: this is what antisemitism has been defined as. In that sense, definition approaches the Orwellian condition that Gove could only dream of: the godlike power to dictate what a word is to mean in real language use.</p>","PeriodicalId":44341,"journal":{"name":"CRITICAL QUARTERLY","volume":"67 1","pages":"101-110"},"PeriodicalIF":0.2000,"publicationDate":"2024-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/criq.12800","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"CRITICAL QUARTERLY","FirstCategoryId":"1085","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/criq.12800","RegionNum":4,"RegionCategory":"文学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"LITERARY REVIEWS","Score":null,"Total":0}
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Abstract

In March 2024, the then UK Communities Secretary, Michael Gove, unveiled a new official definition of ‘extremism’. It turned out to be something of a damp squib, but the attendant announcements and guidance notes suggested that he meant it to be important. The exercise was informed, then, by the assumption that defining a word may be a consequential political act in itself. Is that so? Is there a politics of lexicography?

The definition is politically slanted, but it presents itself as the straight answer to a straight question: what is extremism? It does not even admit to having an author; the definition of the word appears as an impersonal fact. This effect of objectivity has obvious ideological advantages. In Orwell's 1984, sinister philologists rewrite the dictionary so as to make the English language incapable of expressing liberal ideas. If you can determine what words mean, you can control thought.

Of course that is one of Orwell's boldly Swiftian simplifications. Real-life lexicographers do not wield such power, and a definition is not a once-for-all edict; it is common for a single word to be defined variously, depending on what the definition is for. So ‘salt’, say, will have one definition in a dictionary for foreign learners of English, and a different one in a glossary for students of chemistry. Definitions which are adapted to particular contexts in this way can hardly claim general authority. But among these contexts, there is at least one in which definitions really are designed to be arbitrarily authoritative—namely, the specification of terms that normally forms part of the text of a law. A legislator's definition is not the same thing as a lexicographer's, because the legislator actually is in the business of exercising power.

So far from explaining what is meant by ‘infrastructure’, this merely repeats the word itself, apparently in the belief that it is self-explanatory. Despite what they say, the authors of this section are not really interested in meaning. Rather, the function of their definition is to delineate a class of objects which one can be prosecuted for disrupting. The class has no general validity: it exists only for the purposes of this law, and according to a later clause it can be altered by statutory instrument—that is to say, ‘key national infrastructure’ denotes what the Secretary of State may at any time say it does. The expression is semantically empty in the same way as ‘category A prison’ or ‘grade 2 listed building’: the definition is not an exposition of what the words mean, it is the label on a box.

The opposite kind of definition is elegantly exemplified, as it happens, by another account of ‘extremism’, produced in 2016 as part of the judgment in a libel case.4 The Chief Imam at an Islamic centre, Shakeel Begg, had been described as an extremist on a BBC current affairs television programme and was seeking damages; the BBC's defence was that what had been said about him was substantially true. The judge in the case, Mr Justice Haddon-Cave, therefore needed a usable definition of ‘extremism’, so that he could determine whether it was an accurate description of the claimant's publicly expressed views. He evolved his definition by positing that the ‘extreme’ is ‘by definition’ what is not ‘moderate’, turning accordingly to mainstream Islamic authorities for statements of moderate opinion on a range of doctrinal and political issues, and then measuring extreme positions by their distance from the moderate ones.

Although the resulting definition was devised for legal purposes, it is not a ‘legal definition’. It does not assume the authority to dictate a meaning for the word; rather, it regards the question ‘what does it mean?’ as an empirical one, which can only be answered after a certain amount of research. Moreover, in constructing a contrast between ‘extremist’ and ‘moderate’ views on the same issues, it is basing its interpretation on the everyday sense of the word ‘extreme’. That is, it takes it that ‘extremism’ means what it looks as if it means. All this can seem a little vague compared with the hard categorial edges of legal definition, but that is because Haddon-Cave is trying to establish what in some legal contexts is called the ‘ordinary and natural meaning’ of the word—the concept it would immediately convey to a reasonably well-informed hearer. This is, after all, where the legal question of damages comes from: if the BBC has harmed Begg's reputation, it must be by the impression of him that was formed in the mind of a person hearing the description—so what matters is not what an Act of Parliament or a Secretary of State declares extremism to be, but what this notional hearer understands by the word. In short, Haddon-Cave is in the territory of the lexicographer: usage.

In both versions, the definition is also, or even primarily, a condemnation. In the old one, ‘extremism’ means opposition to ‘liberty and mutual respect and tolerance’; in the revision, it is, to much the same effect, ‘based on violence, hatred or intolerance’. Both thus define an ‘extremist’ as an enemy of the good; the implicit author is not just an observer of linguistic usage, but a champion of allegedly consensual national values. This implication was spelt out in the House of Commons statement that accompanied the launch. Gove named five organisations that gave ‘cause for concern’ and said ‘We will be holding these, and other organisations, to account to assess if they meet our definition of extremism and will take action as appropriate.’7 To assess whether something meets a definition is an exercise in semantics, involving nothing more concrete than placing the particular instance inside or outside a given set. But Gove's formulation mixes this operation up with a different one: ‘holding to account’. This expression connotes the scrutiny not of words but of people. It suggests that Gove's somewhat shadowy ‘we’ will not only be merely matching an organisation against a description but also requiring it to defend itself against an accusation; if it fails to do so, it will apparently incur an equally shadowy penalty. Definition has moved across from the sphere of interpretation to that of power.

The rewrite is designed to enhance the power. The most obvious innovation is the division into three numbered sections. With its fussy reference back from 3) to 1) and 2), it makes the definition look like a section from an Act of Parliament. This is curious, because the official preface to the definition correctly insists that it ‘is not statutory and has no effect on the existing criminal law’. In a sort of linguistic cos-play, the text is pretending to be a law, aware all along that it is not. The costume does not only consist of the layout on the page but also features tortuous chains of abstractions. Thus, by selecting from the alternatives presented at each syntactic stage, we can see that extremism might for example consist of promoting an ideology, which is based on intolerance and aims to intentionally create an environment for others to achieve the replacement of the UK's system of democracy. The six-fold pile-up of process words makes it almost impossible for a reader to trace a coherent thought through this sentence: what would the person who is described in this fashion actually have been doing? The purpose of the writing is not only to convey an idea but also to construct a cat's-cradle of criteria which encloses as much objectionable political behaviour as possible. This tactical emphasis is confirmed by the supporting documents. For example, a preface explains that the new definition has been produced because an increase in the extremist threat means that more powerful tools are needed to counter it: This implicitly admits that the definition is not an objective account of what extremism is, but an instrument for defeating its exponents. We are still in the fiction, or fantasy, that the text is a piece of legislation, determining which behaviours are permitted and which are punished.

On the other hand, the initiative continues to take advantage of the fact that it is not a piece of legislation. In the House of Commons, Gove promised that the new definition would not affect ‘people like gender critical campaigners, or environmental groups’. But obviously it is possible that at some time in the future, ‘people like’ environmentalists might do things that fall within the scope of the definition, so Gove's assurance is quite arbitrary. It reveals his underlying assumption that, whatever the form of words may say, he will retain the discretion to decide who is ‘affected’ and who is not. If he were really writing a law, this assumption would fail because, in the end, the rules would be interpreted independently by a court. But so long as the whole performance remains within the sphere of official guidance and procedure, meaning can be kept in-house. The air of legislative rigour is fraudulent.

Within the field of definition, then, this is a hybrid specimen. It is not a lexicographical definition, because it offers neither information nor evidence about the meaning of the word in ordinary speech. But it is not a legal definition either, because it makes a point of its non-statutory character. What is it for, and what is its force? Its own answer to that question is that the State should not fund, or engage in partnership with, ‘extremist’ groups, and that the definition will help officials spot the organisations to avoid. This is not convincing. A limited function of that kind would not require the public fanfare with which the thing was launched, and in any case, ‘extremism’ is not the sole criterion for such decisions. An earlier draft, for instance, identified certain groups as ‘divisive forces within Muslim communities’;8 if that is true, it is an excellent reason for not funding them from a community cohesion budget, whether they are ‘extremist’ or not. The definition of that one word is both more and less than is needed for its declared purpose.

Rather, what seems to be happening is an attempt to direct the application of the word as it appears in day-to-day political circulation. By blurring the distinction between legal and lexicographical kinds of defining, the initiative seeks to bring a pseudo-judicial authority to bear on general usage and so to influence what we mean by it. It does after all intend the simple effect that appeared at the beginning of this article: a definitive answer for somebody who asks what extremism is. At this point, it matters that, for example, the definition places extremism at an opposite pole to Britishness, while many of the organisations that give particular ‘cause for concern’ draw their membership from immigrant communities. Among its other rhetorical functions, the pedantic, quasi-legislative tone serves to muffle the shrillness of the dog whistle.

The whole performance was perhaps modelled on a more formidable precursor: the characterisation of ‘anti-semitism’, which, agreed at a plenary session of the International Holocaust Remembrance Alliance in May 2016, was subsequently accepted by many institutions, rejected by some and forced upon others. This document—‘the IHRA definition’9—has proved widely influential, but it too begins by disavowing statutory authority: its full title, ‘The non-legally binding International Holocaust Remembrance Alliance working definition of antisemitism’, fits two separate disclaimers into a dozen words. There were further caveats later from the lead author of the definition, Kenneth Stern, who has engagingly described it an aid for bean counters.10 That is, researchers associated with the International Holocaust Remembrance Alliance (IHRA) were trying to compile a picture of the extent of antisemitism across different times and countries, so it was important that they should all be logging the same kind of thing, and the original function of the definition was to help ensure this consistency.

This time a bullet-pointed list of 11 examples does follow the colon. But these are rendered provisional by the way they have been framed. They are ‘examples’, which ‘may serve as illustrations’; incidents of antisemitism ‘could, taking into account the overall context, include’ the items on the list, but there could be others, not mentioned here. Several of the bullet points themselves contain further ‘e.g.’s. Everything about the document's self-presentation says that it wants to be read not only as a categorical authority but also as a repertoire of suggestions, which the data collectors are to use by the light of their own judgment.

A definition marked by such paradoxical indefiniteness might well be useful to the bean counters, but since then, it has been put to very different uses, and it is these that have turned it into a cause célèbre. In the United States, following a lengthy campaign, the Antisemitism Awareness Act, passed by the House of Representatives in May 2024, applied the IHRA definition to Title 6 of the 1964 Civil Rights Act, which provides that ‘No person in the United States shall, on the ground of race, color, or national origin … be subjected to discrimination under any program or activity receiving Federal financial assistance.’11 This conjunction means that any organisation which can be shown to be antisemitic, according to the IHRA definition, or to any one of its illustrative examples,12 is judged to be discriminating against Jewish Americans and therefore ceases to be entitled to Federal funding. The financial connection has the effect of transforming the definition from one kind of implement into another. Having been designed as a shovel for scooping up assorted manifestations of antisemitism, it is repurposed as a razor for dividing deserving from undeserving recipients of Government grants.

Its career in the United Kingdom is different, but has led to the same kind of reassignment. Its publication in the spring of 2016 coincided with an explosion of accusations of antisemitism within the British Labour Party, which continued for the rest of Jeremy Corbyn's leadership, fuelled both by internal factional struggles and by the delighted opportunism of Labour's political opponents. In April 2018, Corbyn attempted to mend fences through a meeting with leaders of the national Jewish community, and one of their suggestions was that the Labour Party should adopt the IHRA definition, as numerous institutions had already done.13 In July, the Party's National Executive Committee agreed to adopt the definition, but excepted four of the examples, because they are examples of hostility not so much to Jews as to the State of Israel, and NEC members wanted to keep open a space in which one could articulate radical criticism of the Israeli government without being convicted of antisemitism. The result of this decision was an argument of extraordinary ferocity about the four deleted examples, and in September, Labour reluctantly restored them to its adopted definition. The argument had almost nothing to do with the content of the four articles themselves. It was rather that the IHRA definition had come to symbolise the repudiation of antisemitism as such, so that to adopt it with some clauses missing was understood as a deliberately incomplete gesture of assent, as if Labour was reserving the right to go on being a little bit antisemitic.

It was a right-wing victory, and it encouraged other forays over the following year or two, including, for example, a Government insistence that the definition should be adopted by all universities. In October 2020, the then Education Secretary, Gavin Williamson, sent a letter to Vice-Chancellors complaining at the slow take-up, and adding, ‘If I have not seen the overwhelming majority of institutions adopting the definition by Christmas then I will act’.14 By ‘acting’, he apparently meant getting the Office for Students, the supposedly independent regulatory body for higher education, to consider suspending funding streams to non-compliant institutions. The headmasterly tone of the instruction contrasts oddly with its vagueness. Williamson does not say what internal purposes the definition is to serve once it has been adopted; nor does he explain how adopting it will lead to the stated objective, which is the protection of Jewish students from harassment and discrimination. All that is required is the simple act of adopting it. The document thus becomes a pure emblem of orthodoxy, recalling the State's control of universities in earlier centuries through Test Acts and oaths of allegiance.

This embraces an open-ended repertoire of symbols and images. ‘Classic antisemitism’ is not a well-defined category to begin with, and in any case, the formula is not confined to it, because it also takes in imagery that is merely ‘associated with’ it, and that phrase—‘associated with’—can cover a lot of distance in particular cases. For example, the Guardian's cartoonist of 40 years, Steve Bell, lost his job over a drawing of Netanyahu using a surgical implement to cut a Gaza-shaped chunk out of his own stomach.15 It fell within the scope of this clause because it was ‘associated with’ the cutting out of a pound of flesh by the villainous Jew in Shakespeare's The Merchant of Venice (which is undoubtedly both antisemitic and a classic, and perhaps therefore an instance of classic antisemitism). The allusion was not intended, and it makes no sense in relation to the point of the cartoon. But the fact that it occurred to somebody—anybody—seems to have been enough to form the prohibited ‘association’.

This associative freedom is innocuous in the context of the definition's original function. Antisemitism is disreputable in many political cultures around the world, so you would expect its expression to be often under the radar, and the ‘bean counters’ have to allow for the implicit or duplicitous forms in which their object might appear. But when the document is elevated to the status of a pseudo-law (as it has been by the Guardian, by the Jewish Labour Movement, by the US Congress), its informality becomes a weapon. It is not only that the conversational looseness of its categories enables it to expose an immense range of discursive behaviour to the accusation of antisemitism. It is also that the IHRA definition, floating free of any judicature, any formally constituted authority, is therefore also free of the legal mechanisms of defence, mitigation, proportionality and so on. It applies not in a specified set of circumstances but anywhere and anyhow. And those who are captured by it have no tribunal to which they can protest their innocence, because they have been convicted not by a human judge, but by a simple semantic fact: this is what antisemitism has been defined as. In that sense, definition approaches the Orwellian condition that Gove could only dream of: the godlike power to dictate what a word is to mean in real language use.

定义为
2024年3月,时任英国社区事务大臣迈克尔·戈夫(Michael Gove)公布了“极端主义”的新官方定义。结果是有点扫兴,但从随之而来的公告和指导笔记来看,他的意思是很重要的。因此,这个练习是基于这样一种假设,即定义一个词本身可能是一种重要的政治行为。是这样吗?词典编纂有政治吗?这个定义带有政治倾向,但它对一个直截了当的问题给出了直接的答案:什么是极端主义?它甚至不承认有作者;这个词的定义似乎是客观的事实。这种客观效果具有明显的思想优势。在奥威尔的《1984》中,邪恶的语言学家重写了词典,使英语无法表达自由主义思想。如果你能确定单词的意思,你就能控制思想。当然,这是奥威尔大胆的斯威夫特式简化之一。现实生活中的词典编纂者没有这样的权力,定义也不是一劳永逸的法令;根据定义的目的不同,一个单词通常会有不同的定义。比如,“盐”在外国英语学习者的字典中有一个定义,而在化学学生的词汇表中有一个不同的定义。以这种方式适应特定上下文的定义很难具有普遍的权威性。但在这些语境中,至少有一种定义确实被设计得具有武断的权威性——即,通常构成法律文本一部分的术语说明。立法者的定义与词典编纂者的定义是不同的,因为立法者实际上是在行使权力。到目前为止,这并没有解释“基础设施”是什么意思,只是重复了这个词本身,显然是相信它是不言自明的。不管他们怎么说,这部分的作者对意义并不真正感兴趣。相反,它们的定义的功能是描述一类可以因破坏而被起诉的对象。这个类别没有普遍的效力:它仅为本法的目的而存在,根据后面的条款,它可以通过法定文书进行修改——也就是说,“关键的国家基础设施”指的是国务卿在任何时候都可以说它具有的功能。这个表达在语义上是空的,就像“A类监狱”或“二级保护建筑”一样:这个定义并不是对单词含义的阐述,它是一个盒子上的标签。2016年,在一起诽谤案的判决中,另一个关于“极端主义”的说法恰好很好地说明了相反的定义一个伊斯兰中心的首席伊玛目沙基尔·贝格(Shakeel Begg)在BBC时事电视节目中被描述为极端分子,他正在寻求赔偿;BBC的辩护是,有关他的说法基本属实。因此,该案件的法官Haddon-Cave需要对“极端主义”给出一个可用的定义,这样他才能确定这个定义是否准确地描述了原告公开表达的观点。他将“极端”定义为“从定义上看”不是“温和”的东西,并据此向主流伊斯兰权威机构寻求关于一系列教义和政治问题的温和意见,然后通过与温和立场的距离来衡量极端立场。尽管最终的定义是为法律目的而设计的,但它不是一个“法律定义”。它并不认为自己有权力规定这个词的含义;相反,它关注的是“它是什么意思?”,这是一个实证问题,只有经过一定的研究才能回答。此外,在构建对同一问题的“极端”和“温和”观点的对比时,它的解释是基于“极端”一词的日常意义。也就是说,它认为“极端主义”的意思就是它看起来的意思。与法律定义的严格分类边缘相比,所有这些似乎都有点模糊,但那是因为哈登-凯夫试图建立在某些法律语境中被称为“普通和自然意义”的词——它会立即传达给一个相当知情的听者的概念。毕竟,这就是损害赔偿的法律问题的来源:如果BBC损害了贝格的声誉,那一定是由于听到这一描述的人在脑海中形成了对他的印象——因此,重要的不是议会法案或国务卿宣布的极端主义是什么,而是这个名义上的听众对这个词的理解。简而言之,哈登-凯夫属于词典编纂者的范畴:用法。在这两个版本中,定义也是,甚至主要是一种谴责。 在旧版本中,“极端主义”意味着反对“自由、相互尊重和宽容”;在修订版中,它的效果大致相同,“基于暴力、仇恨或不宽容”。因此,两者都将“极端主义者”定义为善的敌人;含蓄的作者不仅是语言使用的观察者,而且是所谓的共识国家价值观的拥护者。这一含义在伴随发射的下议院声明中得到了阐明。戈夫列举了五个“令人担忧”的组织,并表示:“我们将追究这些组织和其他组织的责任,评估它们是否符合我们对极端主义的定义,并将采取适当行动。”评估某事物是否符合定义是一种语义学上的练习,只涉及将特定实例置于给定集合的内部或外部。但戈夫的表述将这种操作与另一种操作混合在一起:“追究责任”。这个表达暗示着对人的审视而不是对词语的审视。它表明,戈夫有些模糊的“我们”不仅将使一个组织与描述相匹配,而且还要求它对指控进行辩护;如果做不到这一点,它显然将招致同样模糊的惩罚。定义已经从解释的领域转移到了权力的领域。重写的目的是增强功能。最明显的创新是将其分为三个编号的部分。从3)到1)和2)的繁琐参考,使定义看起来像是议会法案的一部分。这很奇怪,因为该定义的官方序言正确地坚持认为,它“不是法定的,对现行刑法没有影响”。在一种语言上的cosplay中,文本假装是法律,但始终意识到它不是。服装不仅包括页面上的布局,还包括曲折的抽象链。因此,通过从每个句法阶段呈现的替代方案中进行选择,我们可以看到,极端主义可能包括推广一种基于不容忍的意识形态,其目的是故意为他人创造一种环境,以实现对英国民主制度的替代。六倍堆积的过程词使得读者几乎不可能通过这句话追踪到一个连贯的思想:以这种方式被描述的人实际上在做什么?写作的目的不仅是传达一种思想,而且是构建一个标准的摇篮,其中包含了尽可能多的令人反感的政治行为。支持文件证实了这一战术重点。例如,序言解释说,新定义的产生是因为极端主义威胁的增加意味着需要更强大的工具来对抗它:这暗示着该定义不是对极端主义是什么的客观描述,而是击败其倡导者的工具。我们仍然停留在小说或幻想中,认为文本是一项立法,决定哪些行为是允许的,哪些行为是应该受到惩罚的。另一方面,该倡议继续利用它不是一项立法的事实。在下议院,戈夫承诺,新定义不会影响“性别批判活动家或环保组织等人”。但很明显,在未来的某个时候,像环保主义者这样的人可能会做一些属于这个定义范围的事情,所以戈夫的保证是相当武断的。它揭示了他的潜在假设,即无论语言的形式如何,他都将保留自由裁量权来决定谁会“受到影响”,谁不会。如果他真的在写一部法律,这个假设就会失败,因为最终,这些规则将由法院独立解释。但只要整个表演仍在官方指导和程序的范围内,意义就可以保留在内部。立法严谨的气氛是骗人的。在定义范围内,这是一个杂交标本。它不是词典学上的定义,因为它既没有提供信息,也没有提供证据,说明这个词在日常用语中的含义。但它也不是一个法律定义,因为它强调了它的非法定性质。它的作用是什么,它的力量是什么?它自己对这个问题的回答是,国家不应该资助或与“极端主义”组织建立伙伴关系,而这个定义将帮助官员们找出应该避免的组织。这并不令人信服。这种有限的功能不需要像它推出时那样大张旗鼓,而且无论如何,“极端主义”并不是做出这种决定的唯一标准。 7月,该党全国执行委员会同意采用这一定义,但排除了其中的四个例子,因为它们是对以色列国家的敌意,而不是对犹太人的敌意,NEC成员希望保持开放的空间,在这个空间里,人们可以表达对以色列政府的激进批评,而不会被判为反犹主义。这一决定的结果是关于这四个被删除的例子的争论异常激烈,在9月,工党不情愿地将它们恢复到其采用的定义。争论几乎与四篇文章本身的内容无关。更确切地说,IHRA的定义象征着对反犹主义的否定,因此,在缺少一些条款的情况下采用它,被理解为一种故意不完全的同意姿态,就好像工党保留了继续有点反犹主义的权利。这是右翼的一次胜利,它鼓励在接下来的一两年里进行其他尝试,例如,包括政府坚持所有大学都应采用这一定义。2020年10月,当时的教育大臣加文·威廉姆森(Gavin Williamson)致信各副校长,抱怨这一定义进展缓慢,并补充说:“如果到圣诞节我还没有看到绝大多数机构采用这一定义,那么我将采取行动。他所说的“行动”,显然是指让学生办公室(理应是独立的高等教育监管机构)考虑暂停对不合规机构的资金流。校长的语气和它的含糊形成了奇怪的对比。威廉姆森没有说明一旦这个定义被采用,它的内部目的是什么;他也没有解释采纳该法案将如何实现其既定目标,即保护犹太学生免受骚扰和歧视。所需要做的只是简单地采取行动。因此,这份文件成为正统的纯粹象征,让人回想起几个世纪前国家通过考试法案和效忠宣誓对大学的控制。这包含了符号和图像的开放式曲目。“经典反犹主义”一开始并不是一个定义明确的类别,无论如何,这个公式并不局限于它,因为它也包含了仅仅“与之相关”的意象,而这个短语——“与之相关”——在特定情况下可以涵盖很多距离。例如,为《卫报》工作了40年的漫画家史蒂夫·贝尔(Steve Bell)丢掉了工作,原因是他画了一幅内塔尼亚胡(Netanyahu)用外科手术用具从自己的胃里切出一块加沙形状的大块的画它属于这一条款的范围,因为它与莎士比亚的《威尼斯商人》(the Merchant of Venice)中邪恶的犹太人割下一磅肉的情节“有关”(毫无疑问,这既是反犹主义的,也是经典的,也许因此是经典反犹主义的一个例子)。这种暗示并非有意为之,而且就漫画的主旨而言也毫无意义。但是,只要某个人——任何人——想到了这件事,似乎就足以形成这种被禁止的“联想”。这种联想自由在定义的原始功能上下文中是无害的。反犹主义在世界各地的许多政治文化中都是不光彩的,所以你会期望它的表达经常是在雷达之下的,“会计”必须允许他们的目标可能出现的隐含或双重形式。但当这份文件被提升到伪法律的地位时(就像《卫报》、犹太劳工运动和美国国会所做的那样),它的非正式性就变成了一种武器。这不仅是因为其分类的会话松散性使其能够将大量的话语行为暴露在反犹太主义的指控之下。此外,《国际卫生条例》的定义不受任何司法、任何正式组成的当局的制约,因此也不受辩护、减轻责任、相称性等法律机制的制约。它并不适用于特定的环境,而是适用于任何地方和任何方式。那些被它俘虏的人没有法庭来证明他们是无辜的,因为他们不是被一个人类法官定罪的,而是被一个简单的语义事实定罪的:这就是反犹主义的定义。从这个意义上说,定义接近奥威尔式的状态,这是戈夫只能梦想的:在真实的语言使用中,决定一个词的意思的神一般的力量。
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来源期刊
CRITICAL QUARTERLY
CRITICAL QUARTERLY LITERARY REVIEWS-
CiteScore
0.20
自引率
0.00%
发文量
43
期刊介绍: Critical Quarterly is internationally renowned for it unique blend of literary criticism, cultural studies, poetry and fiction. The journal addresses the whole range of cultural forms so that discussions of, for example, cinema and television can appear alongside analyses of the accepted literary canon. It is a necessary condition of debate in these areas that it should involve as many and as varied voices as possible, and Critical Quarterly welcomes submissions from new researchers and writers as well as more established contributors.
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