{"title":"消失的房间:米歇尔-卡斯塔涅达(Michelle Castañeda)所著的《移民法的隐藏舞台》(评论","authors":"Gary M. English","doi":"10.1353/hrq.2024.a918545","DOIUrl":null,"url":null,"abstract":"<span><span>In lieu of</span> an abstract, here is a brief excerpt of the content:</span>\n<p> <span>Reviewed by:</span> <ul> <li><!-- html_title --> <em>Disappearing Rooms: The Hidden Theaters of Immigration Law</em> by Michelle Castañeda <!-- /html_title --></li> <li> Gary M. English (bio) </li> </ul> Michelle Castañeda, <em>Disappearing Rooms: The Hidden Theaters of Immigration Law</em> (Duke University Press 2023), ISBN 9781470819633 (Paperback), 186 pages. <p>Michelle Castañeda, Assistant Professor in Performance Studies at NYU, has written an excellent and deeply thought-provoking book on the fundamental contradictions of immigration and asylum law, as brutally revealed through the lens of performance theory:</p> <blockquote> <p>Legal processes are rich in scenographic details because institutions tend to dramatize their own authority . . . In other words, as legal officials do something—in this case, ordering Ernesto be deported—they may simultaneously make a show of what they are doing and create a little scene that elaborates deportation’s ugly logic . . . Performance theorists argue that when we pay attention to the law’s mise-en-scène, it is no longer possible to perceive the law as a coherent and self-assured entity. Instead, we see the law’s “fragile and volatile nature,” the ongoing attempt by legal officials to manage contradictions.<sup>1</sup></p> </blockquote> <p>The image evoked in this quote refers to a moment when Ernesto stood before an Immigration Court Judge, with his hands cuffed behind his back to a chair. When ordered to raise his right hand to swear his oath, Ernesto was forced into a deformed position with his right hand pointing up from the level of his hip and his torso twisted to his right very nearly at a right angle. No one bothered to unlock his handcuffs. The grotesque physical position forced upon Ernesto offers an example of how “staging” within the immigration legal system places individuals into impossible positions, certainly in this case physically, but also the image evokes the emotional and mental gymnastics and traumas (im)migrants face when confronting gratuitous cruelty, and various types of performative and contradictory treatment at the hands of the immigration legal system.</p> <p>In many ways I have been waiting for this book as for some time I have argued, <strong>[End Page 164]</strong> including within the pages of the <em>Human Rights Quarterly</em>, that performance theory, dramatic structure, and the dialectics associated with political drama offer deep insights into the contradictions within international and human rights law or, in this case in particular, immigration and asylum law. Castañeda, who received a Ph.D. from Brown University, writes with clarity, daring originality, and heart, from the point of view of “a participant in the accompaniment program, where our job is to remain by the side of people attending ICE check-ins and sit with them for a seemingly eternal duration until we find out whether they will be ‘removed.’”<sup>2</sup> As both an activist and scholar, the author provides an up-close, on-the-ground, and authentic portrayal of the immigration and asylum legal and deportation system with respect to specific cases, and an historical analysis of the entire system from a higher altitude. The result provides a disciplined, well-researched, and exceptionally well-theorized presentation with remarkable and revealing details, re-creating the atmosphere that describes a cruel, sometimes well-intended, often violent, de-humanizing, occasionally humane process nearly always on the edge of absurdity. The author employs multiple performance conventions, including <em>gestus</em>, taken from Bertolt Brecht, where a small gesture or body position evokes deep and nuanced meanings, or, “ . . . an entire historical moment or social issue”;<sup>3</sup> audience generated alternatives to complex problems as with Augusto Boal’s <em>Theatre of the Oppressed</em> techniques as a means of, “rehearsing” alternative endings, or processes related to unresolved social issues;<sup>4</sup> and revitalized Aristotelian concepts of dramatic form, such as plausibility and believability. As with Aristotle, Castañeda compares the history of theatre to the history of law, and Castañeda argues persuasively that the two connect through the necessity of actors (be them on stage or in political situations) to tell a believable, or plausible, story without <em>appearing</em> to tell a story. In other words, we consider various narratives as truthful due to our desire to accept those narratives according to our preferences for melodramatic dramaturgy, that is, those that <em>appear</em> both plausible, authentic, and most often constructed according to a good-bad binary...</p> </p>","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"3 1","pages":""},"PeriodicalIF":0.8000,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Disappearing Rooms: The Hidden Theaters of Immigration Law by Michelle Castañeda (review)\",\"authors\":\"Gary M. English\",\"doi\":\"10.1353/hrq.2024.a918545\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<span><span>In lieu of</span> an abstract, here is a brief excerpt of the content:</span>\\n<p> <span>Reviewed by:</span> <ul> <li><!-- html_title --> <em>Disappearing Rooms: The Hidden Theaters of Immigration Law</em> by Michelle Castañeda <!-- /html_title --></li> <li> Gary M. English (bio) </li> </ul> Michelle Castañeda, <em>Disappearing Rooms: The Hidden Theaters of Immigration Law</em> (Duke University Press 2023), ISBN 9781470819633 (Paperback), 186 pages. <p>Michelle Castañeda, Assistant Professor in Performance Studies at NYU, has written an excellent and deeply thought-provoking book on the fundamental contradictions of immigration and asylum law, as brutally revealed through the lens of performance theory:</p> <blockquote> <p>Legal processes are rich in scenographic details because institutions tend to dramatize their own authority . . . In other words, as legal officials do something—in this case, ordering Ernesto be deported—they may simultaneously make a show of what they are doing and create a little scene that elaborates deportation’s ugly logic . . . Performance theorists argue that when we pay attention to the law’s mise-en-scène, it is no longer possible to perceive the law as a coherent and self-assured entity. Instead, we see the law’s “fragile and volatile nature,” the ongoing attempt by legal officials to manage contradictions.<sup>1</sup></p> </blockquote> <p>The image evoked in this quote refers to a moment when Ernesto stood before an Immigration Court Judge, with his hands cuffed behind his back to a chair. When ordered to raise his right hand to swear his oath, Ernesto was forced into a deformed position with his right hand pointing up from the level of his hip and his torso twisted to his right very nearly at a right angle. No one bothered to unlock his handcuffs. The grotesque physical position forced upon Ernesto offers an example of how “staging” within the immigration legal system places individuals into impossible positions, certainly in this case physically, but also the image evokes the emotional and mental gymnastics and traumas (im)migrants face when confronting gratuitous cruelty, and various types of performative and contradictory treatment at the hands of the immigration legal system.</p> <p>In many ways I have been waiting for this book as for some time I have argued, <strong>[End Page 164]</strong> including within the pages of the <em>Human Rights Quarterly</em>, that performance theory, dramatic structure, and the dialectics associated with political drama offer deep insights into the contradictions within international and human rights law or, in this case in particular, immigration and asylum law. Castañeda, who received a Ph.D. from Brown University, writes with clarity, daring originality, and heart, from the point of view of “a participant in the accompaniment program, where our job is to remain by the side of people attending ICE check-ins and sit with them for a seemingly eternal duration until we find out whether they will be ‘removed.’”<sup>2</sup> As both an activist and scholar, the author provides an up-close, on-the-ground, and authentic portrayal of the immigration and asylum legal and deportation system with respect to specific cases, and an historical analysis of the entire system from a higher altitude. The result provides a disciplined, well-researched, and exceptionally well-theorized presentation with remarkable and revealing details, re-creating the atmosphere that describes a cruel, sometimes well-intended, often violent, de-humanizing, occasionally humane process nearly always on the edge of absurdity. The author employs multiple performance conventions, including <em>gestus</em>, taken from Bertolt Brecht, where a small gesture or body position evokes deep and nuanced meanings, or, “ . . . an entire historical moment or social issue”;<sup>3</sup> audience generated alternatives to complex problems as with Augusto Boal’s <em>Theatre of the Oppressed</em> techniques as a means of, “rehearsing” alternative endings, or processes related to unresolved social issues;<sup>4</sup> and revitalized Aristotelian concepts of dramatic form, such as plausibility and believability. As with Aristotle, Castañeda compares the history of theatre to the history of law, and Castañeda argues persuasively that the two connect through the necessity of actors (be them on stage or in political situations) to tell a believable, or plausible, story without <em>appearing</em> to tell a story. In other words, we consider various narratives as truthful due to our desire to accept those narratives according to our preferences for melodramatic dramaturgy, that is, those that <em>appear</em> both plausible, authentic, and most often constructed according to a good-bad binary...</p> </p>\",\"PeriodicalId\":47589,\"journal\":{\"name\":\"Human Rights Quarterly\",\"volume\":\"3 1\",\"pages\":\"\"},\"PeriodicalIF\":0.8000,\"publicationDate\":\"2024-01-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Human Rights Quarterly\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1353/hrq.2024.a918545\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"POLITICAL SCIENCE\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Human Rights Quarterly","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1353/hrq.2024.a918545","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"POLITICAL SCIENCE","Score":null,"Total":0}
引用次数: 0
摘要
以下是内容的简要摘录,以代替摘要:评论者: 消失的房间:Michelle Castañeda 著,《消失的房间:移民法的隐藏舞台》(The Hidden Theaters of Immigration Law),加里-M-英格利希(Gary M. English)(简历) Michelle Castañeda 著,《消失的房间》(Disappearing Rooms:The Hidden Theaters of Immigration Law(杜克大学出版社 2023 年版),ISBN 9781470819633(平装本),186 页。纽约大学表演研究助理教授米歇尔-卡斯塔尼达(Michelle Castañeda)撰写了一本出色且发人深省的著作,通过表演理论的视角,残酷地揭示了移民和庇护法的基本矛盾: 法律程序蕴含着丰富的场景细节,因为机构往往会将自身的权威戏剧化......。换句话说,当法律官员做某件事时--在本案中,命令将埃内斯托递解出境--他们可能会同时表演他们正在做的事,并创造一个小场景来阐述递解出境的丑陋逻辑......。表演理论家认为,当我们关注法律的场景时,就不再可能将法律视为一个连贯而自信的实体。反之,我们看到的是法律 "脆弱而多变的本质",是法律官员为处理矛盾而不断做出的尝试。1 这段引文中的画面指的是埃内斯托站在移民法庭法官面前,双手被反铐在椅子上的那一刻。当法官命令他举起右手宣誓时,埃内斯托被迫摆出一个畸形的姿势,右手从臀部向上伸直,躯干向右扭曲,几乎成直角。没有人去解开他的手铐。埃内斯托被迫采取的怪异身体姿势提供了一个例子,说明移民法律制度中的 "分期 "如何将个人置于不可能的境地,当然在这个案例中是身体上的不可能,但这一形象也唤起了(非法)移民在面对移民法律制度的无端残酷和各种表演性、矛盾性待遇时所面临的情感和精神体操和创伤。在许多方面,我一直在等待这本书的问世,因为一段时间以来,包括在《人权季刊》(Human Rights Quarterly)上,我一直在论证表演理论、戏剧结构以及与政治戏剧相关的辩证法能够深刻揭示国际法和人权法,尤其是移民法和庇护法中的矛盾。卡斯塔涅达是布朗大学的博士,他从 "陪伴计划的参与者 "的角度出发,以清晰的思路、大胆的独创性和真挚的情感写道:"我们的工作就是陪伴在参加移民及海关执法局检查的人身边,陪他们坐上看似永恒的一段时间,直到我们知道他们是否会被'驱逐'。'"2作为一名活动家和学者,作者对移民和庇护法律及递解出境制度的具体案例进行了近距离、实地和真实的描述,并从更高的高度对整个制度进行了历史分析。其结果是提供了一个严谨的、经过精心研究的、理论性极强的演示,具有非凡的和揭示性的细节,再现了描述一个残酷的、有时是善意的、经常是暴力的、非人道的、偶尔是人道的几乎总是处于荒谬边缘的过程的氛围。作者采用了多种表演惯例,包括借鉴贝托尔特-布莱希特(Bertolt Brecht)的 "姿态"(gestus),即一个小动作或肢体姿势就能唤起深刻而微妙的含义,或"......整个历史时刻或社会问题";3 观众为复杂问题提供替代方案,如奥古斯托-布尔(Augusto Boal)的 "被压迫者的戏剧"(Theatre of the Oppressed)技术,作为 "排演 "替代结局或与未解决的社会问题相关的过程的一种手段;4 以及亚里士多德戏剧形式概念的复兴,如可信度和可信性。与亚里士多德一样,卡斯塔涅达将戏剧史与法律史进行了比较,卡斯塔涅达极具说服力地指出,演员(无论是舞台上的演员还是政治场合中的演员)有必要讲述一个可信或似是而非的故事,而不像是在讲述一个故事,从而将两者联系起来。换句话说,我们之所以认为各种叙事是真实的,是因为我们希望按照我们对情节剧的偏好来接受这些叙事,也就是说,那些看起来既可信又真实的叙事,最常见的是按照好坏二元结构构建的叙事......
Disappearing Rooms: The Hidden Theaters of Immigration Law by Michelle Castañeda (review)
In lieu of an abstract, here is a brief excerpt of the content:
Reviewed by:
Disappearing Rooms: The Hidden Theaters of Immigration Law by Michelle Castañeda
Gary M. English (bio)
Michelle Castañeda, Disappearing Rooms: The Hidden Theaters of Immigration Law (Duke University Press 2023), ISBN 9781470819633 (Paperback), 186 pages.
Michelle Castañeda, Assistant Professor in Performance Studies at NYU, has written an excellent and deeply thought-provoking book on the fundamental contradictions of immigration and asylum law, as brutally revealed through the lens of performance theory:
Legal processes are rich in scenographic details because institutions tend to dramatize their own authority . . . In other words, as legal officials do something—in this case, ordering Ernesto be deported—they may simultaneously make a show of what they are doing and create a little scene that elaborates deportation’s ugly logic . . . Performance theorists argue that when we pay attention to the law’s mise-en-scène, it is no longer possible to perceive the law as a coherent and self-assured entity. Instead, we see the law’s “fragile and volatile nature,” the ongoing attempt by legal officials to manage contradictions.1
The image evoked in this quote refers to a moment when Ernesto stood before an Immigration Court Judge, with his hands cuffed behind his back to a chair. When ordered to raise his right hand to swear his oath, Ernesto was forced into a deformed position with his right hand pointing up from the level of his hip and his torso twisted to his right very nearly at a right angle. No one bothered to unlock his handcuffs. The grotesque physical position forced upon Ernesto offers an example of how “staging” within the immigration legal system places individuals into impossible positions, certainly in this case physically, but also the image evokes the emotional and mental gymnastics and traumas (im)migrants face when confronting gratuitous cruelty, and various types of performative and contradictory treatment at the hands of the immigration legal system.
In many ways I have been waiting for this book as for some time I have argued, [End Page 164] including within the pages of the Human Rights Quarterly, that performance theory, dramatic structure, and the dialectics associated with political drama offer deep insights into the contradictions within international and human rights law or, in this case in particular, immigration and asylum law. Castañeda, who received a Ph.D. from Brown University, writes with clarity, daring originality, and heart, from the point of view of “a participant in the accompaniment program, where our job is to remain by the side of people attending ICE check-ins and sit with them for a seemingly eternal duration until we find out whether they will be ‘removed.’”2 As both an activist and scholar, the author provides an up-close, on-the-ground, and authentic portrayal of the immigration and asylum legal and deportation system with respect to specific cases, and an historical analysis of the entire system from a higher altitude. The result provides a disciplined, well-researched, and exceptionally well-theorized presentation with remarkable and revealing details, re-creating the atmosphere that describes a cruel, sometimes well-intended, often violent, de-humanizing, occasionally humane process nearly always on the edge of absurdity. The author employs multiple performance conventions, including gestus, taken from Bertolt Brecht, where a small gesture or body position evokes deep and nuanced meanings, or, “ . . . an entire historical moment or social issue”;3 audience generated alternatives to complex problems as with Augusto Boal’s Theatre of the Oppressed techniques as a means of, “rehearsing” alternative endings, or processes related to unresolved social issues;4 and revitalized Aristotelian concepts of dramatic form, such as plausibility and believability. As with Aristotle, Castañeda compares the history of theatre to the history of law, and Castañeda argues persuasively that the two connect through the necessity of actors (be them on stage or in political situations) to tell a believable, or plausible, story without appearing to tell a story. In other words, we consider various narratives as truthful due to our desire to accept those narratives according to our preferences for melodramatic dramaturgy, that is, those that appear both plausible, authentic, and most often constructed according to a good-bad binary...
期刊介绍:
Now entering its twenty-fifth year, Human Rights Quarterly is widely recognizedas the leader in the field of human rights. Articles written by experts from around the world and from a range of disciplines are edited to be understood by the intelligent reader. The Quarterly provides up-to-date information on important developments within the United Nations and regional human rights organizations, both governmental and non-governmental. It presents current work in human rights research and policy analysis, reviews of related books, and philosophical essays probing the fundamental nature of human rights as defined by the Universal Declaration of Human Rights.