Posts tagged "books"

Festival of Books: A new world order of maps (Google and MapQuest) changes how we engage with cities

Festival of Books: A new world order of maps (Google and MapQuest) changes how we engage with cities
The new world order of maps defines how we engage with our cities.
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Royal families and new world order
We can look back to ancient Babylon, Egypt, Rome and even to London, which is also known as (Babylondon) and still see the royal families maintaining incestuous relations to keep their bloodline intact passing down instructions through the generations. London is the new Babylon; hence, the name Babylondon.
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What Are the Greatest Books of All Time? The Disinformation Company Found Out

What Are the Greatest Books of All Time? The Disinformation Company Found Out

Disinformation Overall Top Ten Books

New York, NY (PRWEB) July 21, 2008

“What is your favorite book of all time?” The Bible? “Gone With The Wind”? Harris Interactive found these two books to be ranked numbers 1 and 2 as America’s favorite books through a recent survey conducted over the Internet. When The Disinformation Company heard about this, whose publishing program caters towards the more alternative and controversial, they took the question straight to their readers with a blog on the popular social networking site MySpace.

“The response was overwhelming,” says Disinformation’s managing editor, Ralph Bernardo, who maintains a company MySpace page of over 114,000 “friends.” The blog turned into an unexpected response survey to the Harris poll, receiving over 1,000 comments, and was the subject of Editor-in-Chief Sara Nelson’s recent editorial in the trade publication of record for the book business, “Publishers Weekly.”

In “Read My Lists” (Publishers Weekly, 7/14/2008) Nelson found it interesting that Disinformation readers “favored backlist over books du jour” and “was skeptical and a little horrified … that such recent books-of-the moment as Dan Brown’s ‘The Da Vinci Code’ and ‘Angels and Demons’ made the Harris poll.”

Here are the results and analysis of The Disinformation Company’s “Favorite Books” MySpace Survey from Disinformation Managing Editor Ralph Bernardo. The overall top ten from their MySpace audience, surveyed from 1,074 responses, was (see attachment: Disinformation Overall Top Ten)…

“Orwell’s ’1984′ is the clear favorite among Disinformation readers, with over 1 in 10 of survey respondents including it in their top ten, and twice as popular as their next favorite, Douglas Adams’s ‘The Hitchhiker’s Guide to the Galaxy,’” reports Ralph Bernardo. “But from there on in, it was a horserace for the remaining spots in the overall top ten.”

The Disinformation top ten list is not without some shared favorites from the Harris poll, “The Lord of The Rings” was a very close 4th place for Disinformation readers (3rd on Harris), and “Catcher in the Rye” came in at 7th place (10th on Harris).

Countercultural landmarks, like Hunter S. Thompson’s “Fear and Loathing in Las Vegas” and Kurt Vonnegut’s “Slaughterhouse Five,” are favorite books among Disinformation readers, with numerous books by Thompson and Vonnegut cited as favorites among respondents. Other authors favored by Disinformation readers that didn’t make the top ten with one book, whose favorite works were spread across five or more titles, included Charles Bukowski, William S. Burroughs, Albert Camus, Philip K. Dick, Jack Kerouac, and Chuck Palahniuk.

Since the overall top ten was overwhelmingly fiction, with nine out of ten titles, Bernardo created a top ten non-fiction list (see attachment: Disinformation Non-Fiction Top Ten)…

The non-fiction list is dominated by spiritual and philosophical works, with a notable joint appearance from Robert Anton Wilson, who was also on Disinformation’s overall top ten with his cult classic, “The Illuminatus! Trilogy.” Robert Anton Wilson (or RAW, as his fans call him) has been widely discussed on The Disinformation Company’s website since it launched in 1996, and made a memorable appearance at the legendary Disinfo.con event held in New York City in 2000. In 2005, The Disinformation Company distributed a documentary about RAW’s life and works titled Robert Anton Wilson: Maybe Logic.

Wilson, who died in 2007, was famous for saying that his goal was “to try to get people into a state of generalized agnosticism, not agnosticism about God alone, but agnosticism about everything.” Bernardo speculates that RAW would have been amused to find the number one book of all time according to Harris, the Bible, alongside two of his books on Disinformation’s top ten non-fiction list. Wilson, famous for his comedic examination of American paranoia and conspiracies, might even suggest a bit of “disinformation” at work from a secret organization, or perhaps, a higher power.

Responding to questions of divine intervention in the Disinformation MySpace survey, Bernardo expressed that, “one can surely question whether the Bible is really ‘non-fiction,’ as many Disinformation readers already do. Considering that ‘The God Delusion’ and ‘God Is Not Great’ are in our non-fiction top ten, with a famous provocateur of Christianity — Mr. ‘God Is Dead’ himself — Friedrich Nietzsche, within the top five — reaffirms my ‘belief’ that this is a shared sentiment among Disinformation readers.”

Looking more closely into the non-fiction top ten, however, Bernardo contends that Disinformation is not solely a religion- and spirituality-bashing group in the vein of the “Un-Holy” Trinity of the bestselling critics of organized religion: Richard Dawkins, Sam Harris, and Christopher Hitchens. “With the ‘Tao Te Ching’ at the top for our non-fiction list and placing in the overall top ten,” Bernardo states that “Disinformation is a much more a skeptical audience, and arguably more well-read, than those surveyed in the Harris poll.”

“Our goal as a publisher has always been to find those people that want to question the convention wisdom. And lately, there’s been no shortage of things to have serious questions about,” remarks Bernardo.

About the Disinformation Company

Launched on September 13, 1996, Disinformation (disinfo.com) was designed to be the search service of choice for individuals looking for information on current affairs, politics, new science and the “hidden information” that seldom seems to slip through the cracks of the corporate-owned media conglomerates. Ironically, it was funded by one of the largest media companies in the world (TeleCommunications, Inc. (TCI), now part of Comcast), who paid for placement on Netscape’s then ubiquitous search page.

The site drew immediate attention and (usually) applause from the very same news media that it was criticizing as being under the influence of both government and big business, but the honeymoon was short. Some three weeks after launch the CEO of TCI learned of Disinformation and immediately ordered it closed down. Needless to say, the founding team managed to keep the site going and it has evolved into the largest and most popular alternative news and underground culture destination on the Web.Today The Disinformation Company is independently owned with offices in New York City. In addition to this site, The Disinformation Company also has thriving publishing, television and home video divisions.

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Godici-Tiganeasca

A song from godici called tiganeasca
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Duration : 0:5:0

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JUSTIN BIEBER ON XBOX!

Lolz i thought it was funny
activism, advertising, alcohol, alternative-news, ancient-history, animals, animation, anime, architecture, arts, astronomy, atheist, bizarre, blogs, books, buddhism, business, cars, cartoons, cats, celebrities, christianity, classic-rock, clothing, comedy-movies, comics, computer-graphics, computer-hardware, computers, cooking, crafts, crime, cyberculture, dogs, drawing, drugs, ecommerce, environment, fashion, fine-arts,

Duration : 0:6:59

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My Wife & Kids – The Fellowship Of The Baby (Part 1 Of 2)

When an overwhelmed Jr. thinks he is not smart enough to take care of his own son, Michael tells Jr. that “Jr., Jr.” is a “magic baby,” and that every time he holds him, it will make Jr. smarter. The ploy works, but in the process Jr. becomes somewhat arrogant with his new-found knowledge, so Michael brings Franklin in so that the two geniuses can match wits. Meanwhile, Kady catches Claire sneaking back into her bedroom after hours and threatens to tell their parents, unless Claire does some favors for her.

Duration : 0:10:31

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“Unquenchable Russia”, or Forbidden Themes in Nabokov’s Prose

“…What I feel to be the real modern world is the world the artist creates, his own mirage, which becomes a new mir (“world” in Russian) by the very act of his shedding, as it were, the age he lives in” . Such an answer Nabokov once gave to an interviewer who was interested in his opinion regarding the modern world and contemporary politics. The book which contains this interview as well as many others, is entitled Strong Opinions, and, indeed, Nabokov is well-known not only for his brilliant fiction but for his original, independent and uncompromising views on creativity, art and the place of artist in the world. Whenever interviewed, he avoided discussion of “general ideas” such as social, political and moral issues and asserted that such global concerns lay outside the realm of art: “A work of art has no importance whatever to society. It is only important to the individual, and only the individual reader is important to me. I don’t give a damn for the group, the community, the masses, and so forth… There can be no question that what makes a work of fiction safe from larvae and rust is not its social importance but its art, only its art . A work of art, for Nabokov, is a world in itself, brought to life by one’s creative imagination. It leads its own independent existence, unrelated to its historical surroundings and realities. In the introduction to his Lectures on Literature Nabokov explains once again: “…The real writer, the fellow who sends planets spinning and models a man asleep and eagerly tampers with the sleeper’s rib, that kind of author has no given values at his disposal: he must create them himself. The art of writing is a futile business if it does not imply first of all the art of seeing the world as the potentiality of fiction” . In this statement, visions of cosmic grandeur and an obvious reference to the story of Adam and Eve reflect a parallel between creator-artist and creator-God. In one of his interviews Nabokov explicitly brings out this comparison: “A creative writer must study carefully the works of his rivals, including the Almighty. He must possess the inborn capacity not only of recombining but of re-creating the given world” .

Nabokov’s position is, to a degree, a reaction to the situation in Soviet Russia, where demands of the state dominated the needs of a human being, where the individual was suppressed by the collective and details by generalities. He asserts once again the power and independence of personal creativity, the ability of one’s imagination to build worlds of its own, and makes a sharp distinction between a work of fiction and everything outside of it, including the personality of its creator. “Literature is invention. Fiction is fiction. To call a story a true story is an insult to both truth and art” .

Nabokov insisted on a specific approach to literature from the readers as well. He renounced the usual tendencies of identifying oneself with a book’s characters, searching for clues to the social and political realities of the time the work was written, or trying to form “general ideas” about a book without absorbing all its specific details. Emotional involvement, he pointed out, could also prevent the reader from objective appreciation of the work “…A wise reader reads the book of genius not with his heart, not so much with his brain, but with his spine. It is there that occurs the telltale tingle even though we must keep a little aloof, a little detached when reading” .

Nabokov avoided formulating his ideas under the famous slogan “art for art’s sake” just as he avoided labels of all kinds, but this well-known phrase can undoubtedly be used to describe his views and attitudes towards literature. In this hierarchy of values, aesthetic concerns dominate all others, and the influence of a great work of art on its reader is limited to a “tingle in the spine”. However, it remains to be seen, to what extent Nabokov’s ideas penetrate his own fiction; whether his novels are entirely a product of his creative imagination or a result of the deep personal experience that saturates them with great intensity.

Nabokov changed countries and languages during his creative life, and it is interesting to analyze whether these changes affected his books. Comparing two of Nabokov’s novels, The Gift, written in Russian mostly in Berlin of the 1930s, and Pale Fire, written in English at a much later date, can provide an insight into these questions.

As Nabokov mentioned in the foreword to The Gift, “the main heroine” of the novel is Russian literature, and the main character is a writer, an emigre author Fyodor Godunov-Cherdyntsev, who shares many autobiographical details with Nabokov. Like Nabokov during his post-Cambridge years, Fyodor lives in Berlin of the 1920s, writes poetry and makes a living by giving lessons in English and French. He leads, for the most part, a solitary existence, devoting his time first and foremost to literature. Happy childhood in St. Petersburg, love of butterflies and chess problems, synesthesia, – all this Fyodor has in common with Nabokov. Description of certain episodes mirrors incidents from Nabokov’s own life, depicted much later in his autobiographical book Speak, Memory, – for example, the story of a childhood illness: high fever, obsession with numbers and a huge Faber pencil, given as a gift by the mother.

Perhaps, the most significant trait that Fyodor shares with Nabokov is passionate love of literary language, faith in the power of the written word: “Since there were things he (Fyodor) wanted to express just as naturally as unrestrainedly as the lungs want to expand, hence words suitable for breathing ought to exist” . Fyodor reflects on his youthful interest in rhyme and meter, analyzing the very mechanisms by which words interact and fit together like pieces of a puzzle to form the harmonious whole of a poem. Fyodor shares Nabokov’s dislike of generalities such as social issues or psychiatry. When he briefly considers the possibility of fulfilling his acquaintance, Mme. Chernyshevski’s yet unvoiced request to write about her son, he explains his aversion to the idea as follows: “I would have become enmired involuntarily in a “deep” social-interest novel with a disgusting Freudian reek” .

Most clearly, Fyodor’s (and Nabokov’s) views on literature are expressed in Fyodor’s (imaginary) conversations with Koncheyev – a fellow emigre poet, the only one whose work he admires and whose opinions he considers valuable. When Fyodor and Koncheyev leave a literary gathering and walk together down the street, a unique, brilliant dialogue, filled with allusions to various works of Russian literature, takes place between them. “…There are only two kinds of books: bedside and wastebasket. Either I love a writer fervently, or throw him away entirely” , – declares Fyodor, and the two proceed to discuss what, in their opinion, is the best and the worst in the works by famous Russian writers. Both are utterly uninterested in “general ideas” or the moral significance of the writings they talk about (aspects which always attracted Russian critics and gained new importance in the Soviet period), and all they do is lovingly point out purely artistic findings of this or that writer. They praise Leskov’s Jesus – “the ghostly Galilean, cool and gentle, in a robe the color of ripening plum” or “the gray sheen of Mme. Odintsev’s black silks” in Turgenev’s Fathers and Sons. Speaking of dismissed Dostoyevski, Fyodor notes: “In the Karamazovs, there is somewhere a circular mark left by a wet wine glass on an outdoor table”, – and that, for him, is the only thing “worth saving” . As for several writers known for their beautiful depictions of nature, Fyodor ruthlessly criticizes them for mistakes in their descriptions of natural phenomena: “My father used to find all kinds of howlers in Turgenev’s and Tolstoy’s hunting scenes and descriptions of nature, and as for the wretched Aksakov, let’s not even discuss his disgraceful blunders in this field” . All these statements obviously echo Nabokov’s own approach to literature, with his love of detail, his insistence on accurate knowledge of the natural world and dismissal of any other criteria in judging works of literature.

Nabokov’s belief in the power of deception and invention in creating fiction frequently finds expression in his attempts to mislead the reader, to establish this or that false move in the development of the plot, which, after a few pages, turns out to be an illusion, a figment of the character’s imagination. The whole exchange between Fyodor and Koncheyev proves to be such an illusion: “Whose business is it that actually we parted at the very first corner, and that I have been reciting a fictitious dialogue with myself as supplied by a self-teaching handbook of literary inspiration?” However, the significance of this non-existent conversation in the novel is not limited to expression of opinions on art and display of Nabokov’s mystification devices. It shows the extent of Fyodor’s loneliness, the absence of interlocutors with whom he could share his extensive knowledge of literature and love of language: the degree of detachment from the surrounding world. In his book Speak, Memory Nabokov describes the way native Europeans were perceived by Russian immigrants in Germany or France: “These aborigines were to the mind’s eye as flat and transparent as figures cut out of cellophane, and although we used their gadgets, applauded their clowns, picked their roadside plums and apples, no real communication, of the rich human sort so widespread in our own midst, existed between us and them” . The Gift recreates that atmosphere of cultural and human isolation in which Fyodor has to dwell. Deprived of his own cultural environment, Fyodor feels nothing but resentment towards the German-speaking world he is trapped in. “The Russian conviction that the German is in small numbers vulgar and in large numbers – unbearably vulgar was, he knew, a conviction unworthy of an artist” , – and still he cannot help it, as he directs all his irrational hatred at a German who pushes him in a bus (and who, ironically, turns out to be a Russian).

Like Nabokov, Fyodor is trilingual, but his French and English in his current situation serve a purely utilitarian purpose, whereas Russian remains the language of his soul and his art. Riding a bus to one of his tedious teaching jobs, Fyodor thinks of himself: “…there he is, a special, rare and as yet undescribed and unnamed variant of man, and he is occupied with God knows what, rushing from lesson to lesson, wasting his youth on a boring and empty task, on the mediocre teaching of foreign languages – when he has his own language, out of which he can make anything he likes – a midge, a mammoth, a thousand different clouds” . This is why there are hardly any examples of word play and language switch in The Gift.

On the way to yet another hateful lesson Fyodor becomes completely immersed in the memories of Russia and his past life there, – memories ”swift and senseless, visiting him like an attack of a fatal illness at any hour, in any place” . The warm, sunny vision of the Russian countryside after a short summer rain stands out in such a sharp contrast with the surrounding colorless reality and the upcoming encounter with a hopeless pupil, that Fyodor ends up skipping the lesson and going home to his writings. This is another theme expressed in The Gift with great emotional power – the theme of nostalgia, longing for the lost homeland. Whenever faced with the question about Russia during his interviews, Nabokov gave replies such as “all the Russia I need is always with me” or “exile means to an artist only one thing – the banning of his books” . Sometimes, however, he speaks of Russia quite differently: “In the first decade of our dwindling century, during trips with my family to Western Europe, I imagined, in bedtime reveries, what it would be like to become an exile who longed for a remote, sad and (right epithet coming) unquenchable Russia, under the eucalypti of exotic resorts. Lenin and his police nicely arranged the realization of that fantasy” .

References to Russia in Nabokov’s novels, particularly The Gift, bear a trace of an overwhelming and bitter sense of loss, coming, undoubtedly, from personal experience. Like Nabokov, Fyodor transforms his inner world into art, and his poetry, born out of childhood memories, justifies, as he says, the years spent in exile. But even creative fulfillment in literature cannot fully relieve Fyodor of his nostalgia, which sometimes becomes almost a physical sensation: “For a long time he had wanted to express somehow that it was in his feet that he had the feeling of Russia, that he could touch and recognize all of her with his soles, as a blind man feels with his palms” . Again and again, he imagines an impossible return to his familiar and changed country: “And when will we return to Russia? What idiotic sentimentality, what a rapacious groan must our innocent hope convey to people in Russia. But our nostalgia is not historical – only human- how can one explain this to them?” Immediately following these lines is one of Nabokov’s central thoughts expressed through the words of his character and given a somewhat ironic ending: “It is easier for me, of course, than for another to live outside Russia, because I know for certain that I shall return – first because I took away the keys to her, and secondly because, no matter when, in a hundred, two hundred years, I shall live there in my books – or at least in some researcher’s footnote. There; now you have a historical hope, a literary-historical one…”

In this passage, there are two distinct perspectives on Russia, two different ways of perception – that of an artist and that of a simple human being, and it is the more independent, proud and detached position of an artist that Nabokov prefers to present to the world. He always vigorously protested against being identified with his characters, and, perhaps, it was his way of concealing that part of himself, which contained his own human feelings and dreams, often painful, often helplessly irresolvable. Nevertheless, just like in one of Fyodor’s childhood memories colors leak into his vision of letters and irrevocably affect his perception of language, this private and forbidden world of Nabokov inevitably enters his fiction in various guises and through different characters. Besides the theme of nostalgia, there is another highly personal development of the plot in The Gift, and it is Fyodor’s relationship with his father. Konstantin Godunov-Cherdyntsev is an explorer who is also very absorbed in his occupation and uninterested in the major upheavals that occur in Russia. In 1917, despite the troubled situation in Russia, he departs on one of his expeditions and never returns. It is another loss that haunts Fyodor: even though there is hardly any hope of seeing his father again, he keeps dreaming of his return, imagining that one day he would meet his father on the street, or hear a phone call… In one of the most poignant episodes in the novel, the phone rings, after all, in the middle of the night, and Fyodor rushes to the house of his former landlady along the streets of Berlin which suddenly become transformed into a beautiful, mysterious world somewhat reminiscent of St. Petersburg in a white night. Fyodor enters the room and sees his father. “With a moan and a sob Fyodor stepped toward him, and in the collective sensation of woolen jacket, big hands and the tender prickle of trimmed mustaches there swelled an ecstatically happy, living, enormous, paradisal warmth in which his icy heart melted and dissolved” . And again, almost unbearably this time, the whole scene turns out to be one of Nabokov’s false twists, and Fyodor wakes up from yet another dream to a cold and empty morning.

Nabokov denied a work of art any kind of “truth” aside from artistic one, but the episode with Fyodor’s father radiates with human truth: warmth, longing, vulnerability, the void of shattered hopes… One just has to remember the tragic death of Nabokov’s own father, to understand where all this is coming from.

In The Gift, covers are often transparent, and its hero is presented from multiple angles. He is not just a writer who “treats life as a possibility of fiction”, he is a human being who sees the world through the prism of his own experience, his own joys and sorrows.

The Gift was the last novel Nabokov wrote in Russian. In 1940, he immigrated to the United States and, since then, wrote his major works only in English. The change, as he said, was not easy: “My complete switch from Russian prose to English prose was exceedingly painful – like learning anew to handle things after losing seven or eight fingers in an explosion” . Pale Fire, one of Nabokov’s English novels, was written partially at the end of his stay in America, partially in Switzerland, where Nabokov spent his later years. The novel has important structural and thematic similarities to The Gift. Like The Gift, where a whole separate chapter is devoted to Fyodor’s biography of Chernyshevsky, a book on its own, Pale Fire contains a work of literature within it – a long poem written by an American poet John Shade. The rest of the novel is a commentary, which for the most part has nothing to do with the poem itself. It is an elaborate story of remote Zembla, whose king has been swept off the throne by the revolution and fled the country. Gradually, it becomes clear that Charles Kinbote, Shade’s neighbor and the author of the commentary, is himself the fugitive king. Therefore, as in The Gift, there is a theme of exile and a theme of creativity, though in Pale Fire they take quite a different development.

As Kinbote explains, “the name Zembla is a corruption not of the Russian zemlya, but of Semblerland, a land of reflections, of “resemblers” . Zemblan language resembles several European languages at the same time. There are obvious traces of Russian in it, and some words are borrowed almost unchanged: for example, there is a picture of bogtyr (bogatyr’ in Russian) in a Zemblan history book, and there are “stone-faced, square-shouldered komizars” (Russian: commissar) maintaining order on Zemblan streets after the revolution. Besides, French and German can be vaguely discerned in other phrases. “Minnamin, Gut mag alkan, Pern dirstan (my darling, God makes hungry, the Devil thirsty)” , – a Zemblan nurse says to Kinbote, and one hears, besides the Russian “alkat’” and, possibly, the English “pernicious”, “mon amie”, “Gott”, and the first person of the German “mochten”.

Nabokov in his interviews stressed that Zembla is not Russia, and, indeed, there is another Russia in the novel, a totalitarian state that contributes to the Zemblan revolution. Kinbote talks about “the tainted gold and the robot troops that a powerful police state from its vantage ground a few sea miles away was pouring into the Zemblan Revolution” . Kinbote’s constantly talks about Zembla, but his memories of it lack that depth of human feeling, which marks Fyodor’s nostalgia. Even though Kinbote repeats again and again “my Zembla”, “dazzling Zembla” , tenderness that shines through the best pages of The Gift, is missing from his story. It is essentially a story of himself and his escape from the country. For a king, Kinbote shows a remarkable lack of interest in the revolution that struck his country and the possible causes which led to it. He is more preoccupied with aesthetic and literary pleasures and calls the whole business of politics “a tiresome subject” . As for the revolution, all he can say about it is that it was “tedious and unnecessary” . In Kinbote’s attitude, there is some of Nabokov’s own indifference towards social and political issues. On the whole, the theme of exile is treated in the novel with certain coldness and detachment, but there are passages, which by their warmth and profound lyricism can be compared to The Gift. For example, Kinbote comments on his roommate who gets up early in morning and plants flowers with a very curious name: Heliotropium turgenevi. “This is the flower whose odor evokes with timeless intensity the dusk, and the garden bench, and a house of painted wood in a distant northern land” . Even aside from the reference to Turgenev, it is clear that this land, for Nabokov, is no other than Russia, – not the monstrous police state in the vicinity of Zembla, but the real, immortal, beloved Russia of Nabokov’s memory. And this short passage retains more emotional freshness and power than colorful descriptions of Zemblan mountains that have no counterpart in the author’s childhood recollections.

It seems that, to Kinbote, being in exile means not so much the loss of the homeland as the loss of his name and title (which he now has to hide), and thus partially the loss of his identity, and in this way his isolation and detachment is more complete than that of Fyodor in The Gift. One of the critics of Pale Fire interprets his behavior as follows: “…he is trying to get the poet John Shade to confirm his identity, to validate the Zemblan reality which is his hope of salvation by turning it into a poem” . With maniacal persistence Kinbote keeps talking with Shade about Zembla: “I mesmerized him with it, I saturated him with my vision, I pressed upon him, with a drunkard’s wild generosity, all that I was helpless myself to put into verse” . Kinbote calls his relationship with the poet “friendship”, but, in fact, he cannot care less about Shade as a human being with his own hopes and sorrows. While commenting on the poem, he utterly neglects the parts about Shade’s wife and daughter. Sybil Shade, who protects her husband from his neighbor’s intrusions, for Kinbote, is just as annoying obstacle in the way, and to him, the tender lines that Shade devotes to his wife are nothing but “embarrassing intimacies” . Kinbote haughtily deals with the theme of Shade’s daughter, Hazel’s, suicide, obviously a very painful and personal subject for the poet, as if it was merely a stylistic device: “The whole thing strikes me as too labored and long, especially since the synchronization device has been already worked to death by Flaubert and Joyce” . When Kinbote feels lonely and afraid in his empty house, he wishes that Shade had a heart attack, – just to have an excuse to come over and escape loneliness and fear. At the end of the novel, when Shade has been mistakenly shot by the assassin, his “friend” is in no hurry to call for help: instead, he rushes to hide the poem, which, he thinks, contains the story of his own life.

In comparison to Kinbote, John Shade appears to be a much more appealing character, and he possesses some traits that bring more human warmth into his image: he can be lazy, he likes hearty meals, brandy and wine; he loves his wife and daughter and is generally more tolerant towards people who are not as bright and talented as he is. Nabokov gives his character some of his most cherished thoughts. For example, Shade, who is also a teacher of literature, expresses his views on teaching: “First of all, dismiss ideas, and social background, and get the freshman to shiver, to get drunk on the poetry of Hamlet or Lear, to read with his spine and not with his skull” . However, since Shade’s personality is seen in the novel only through Kinbote’s uncaring eyes, his inner world is more or less concealed from the reader. It is only through Shade’s poem that one can glimpse into the questions, which preoccupy the poet. The poem, on the whole, is a painful, difficult search for meaning, an attempt to make sense of the whole puzzle of human life and death, to find a way of transcending one’s mortality. No human thought or emotion can relieve one from being trapped in one’s own finite world. Everything fails except art: art for its own sake, art that contains a unique, perfectly harmonized inner reality, which can be perceived as a reflection of a greater pattern:

I feel I understand

Existence, or at least a minute part,

Of my existence, only through my art,

In terms of combinational delight…

“Combinational delight”, indeed, is important not only in Shade’s poem but in the whole novel. As in The Gift, artistic detail is a focus of concentration in Pale Fire, but here attention is focused on an even subtler level where language itself is analyzed. Pale Fire is an example of extremely dense prose where individual words are more than just carriers of meaning: they become, in a way, themselves a subject of the novel. One of Shade’s warmest images of his family together is a memory of the evenings when both he and Sybil helped their daughter to understand really obscure words from her English textbook. A difference of one letter in the words “mountain” and “fountain” becomes crucial in the story of Shade’s attempt to penetrate the mystery of the hereafter. The book is filled with examples of word play, often involving several languages, and references to numerous works of literature (some of which are likely to be Nabokov’s own inventions). In Shade’s poem, there are such peculiar combinations as: “Fra Karamazov, mumbling his inept all is allowed” , which is a mixture of Alyosha Karamazov, Raskol’nikov, and, perhaps, Italian painter Fra Angelico with his intensely spiritual religious art. But nobody in the novel is more involved in digging into words than Kinbote. He is constantly preoccupied with deciphering literary allusions, musing over interplay of words, meanings, rhymes and sounds. Nabokov mentioned in his lectures that a dictionary should be a necessary attribute of a good reader, and, ironically, Kinbote, who can hardly be called a good reader, dutifully follows the lines of Shade’s masterpiece with his dictionary. For the most part, he is obsessively searching references to Zembla and his own life story in the poem, but sometimes he simply takes aesthetic pleasure in certain lines of it:

“Lines 131-132: I was the shadow of the waxwing slain by feigned remoteness in the windowpane.

The exquisite melody of the two lines opening the poem is picked up here. The repetition of that long-drawn note is saved from monotony by the subtle variation in line 132 where the assonance between its second word and the rhyme gives the ear a kind of languorous pleasure as would the echo of some half-remembered sorrowful song…” Shade’s commentator genuinely enjoys the magic of words, and so does Nabokov, whose multilingualism, artistic sense and incomparable mastery of language found full expression in the creation of the truly marvelous poem, as well as other parts of the novel.

Perhaps, the refined world of literature allows Kinbote a way of escape from his troubled personal reality, and so it does for Shade, and, to a degree, for Fyodor in The Gift, and, ultimately, for Nabokov. In his commentary, Kinbote recounts an episode when someone in the presence of Shade tells a story of a mad railroad worker, who “thought he was God and began redirecting the trains”. “That (“mad”) is the wrong word”, – he (Shade) said. – “One should not apply it to a person who deliberately peels off a drab and unhappy past and replaces it with a brilliant invention” . Still, comparison of Nabokov’s novels shows that the most “brilliant invention” becomes truly alive only if the light of one’s own human experience, however “drab and unhappy”, illuminates it from within. In Pale Fire the walls sheltering Nabokov’s private world of memory and feeling are thicker than in The Gift, and the novel follows more closely Nabokov’s ideas of art as elegant deception, an entirely invented world which should be approached on aesthetic rather than emotional grounds. This is the major difference between Pale Fire and The Gift.

Time is likely to be one of the factors behind this change: Pale Fire was written almost twenty years later than The Gift, as greater and greater distance separated Nabokov from his Russian past with which he had stronger emotional bond than with the years spent abroad. Another important factor is, probably, language. Nabokov was very proud of his English works and repeatedly called himself an American writer, but sometimes he provided his readers with unexpected revelations such as: “My private tragedy, which cannot, indeed should not, be anybody’s concern, is that I had to abandon my natural language, my natural idiom, my rich, infinitely rich and docile Russian tongue, for a second-rate brand of English” . In another interview, when asked which language he considered the most beautiful, Nabokov replied: “My head says English, my heart, Russian, my ear, French” . It is possible to say that for him Russian conveyed emotional power, while English had more of an intellectual appeal, and this is one of the reasons why Pale Fire, written in English, appeals to the brain more than it does to feelings.

One of the most striking confessions that bridges Nabokov’s inner world with his public self exists in a poem. An Evening of Russian Poetry, written in English in 1945, is a rhymed presentation of a public lecture which Nabokov gives to an audience of American students, predominantly female. Russian poetry is the theme of the lecture, but Nabokov approaches it in the way typical for him: he does not talk about schools, trends and periods. Again, he speaks of letters, shapes, individual intricate details, and hidden tenderness shines through his words, staying invisible for his listeners. They ask him questions about his favorite trees and stones, echoing that insensitive critic from The Gift, whose “discussion of Koncheyev’s book boiled down to his answering for the author a kind of implied questionnaire (Your favorite flower? Favorite hero? Which virtue do you prize most?)” In Nabokov’s discussion of Pushkin and Nekrasov everything merges and melts together: the sky and the grass, the beauty of verse and human feeling, – and inevitable theme of exile. Nabokov speaks of memories, saying openly: “I must remind you in conclusion that I am followed everywhere and that space is collapsible” . His private tragedy is lost on his young listeners, whose innocent inquiry prompts what becomes the most remarkable ending of a poem:

How would you say “delightful talk” in Russian?

How would you say “good night”?

Oh, that would be:

Bessonnitza, tvoy vzor oonyl i strashen;

lubov moya, otstoopnika prostee.

(Insomnia, your stare is dull and ashen,

my love, forgive me this apostasy.)

All of Nabokov’s carefully hidden private world that, he insists, “cannot, indeed should not, be anybody’s concern”, is suddenly revealed in these poignant lines: long nights, loneliness, the feeling of guilt over abandoning one’s language and nostalgia for inaccessible, unforgettable, “unquenchable Russia”.

Bibliography

1). Kernan, Alvin B. “Reading Zemblan: The Audience Disappears in Nabokov’s Pale Fire”. Vladimir Nabokov (Modern Critical Views). Ed. Harold Bloom. Chelsea House Publishers, 1987. 101-125.

2). ???????, ????????. ???. ??????: ??????, 1990.

3). Nabokov, Vladimir. The Gift. New York: Capricorn Books, G. P. Putnam’s Sons, 1970.

4). —. Lectures on Literature. Harcourt Brace & Company, 1982.

5). —. Pale Fire. New York: Quality Paperback Book Club, 1993.

6). —. Poems and Problems. McGraw-Hill International, Inc. 1970.

7). —. Speak, Memory. New York: Quality Paperback Book Club, 1993.

8). —. Strong Opinions. McGraw-Hill International, Inc. 1973.

Elena Koutcherova
http://www.articlesbase.com/fiction-articles/unquenchable-russia-or-forbidden-themes-in-nabokovs-prose-204030.html

Popping Popcorns with Cellphones

Make popcorn with mobiles. Try it, it really works.

activism advertising alcohol alternative-news ancient-history atheist bizarre blogs books facebook obama oil online wordpress youtube sex sexy hot love president 2008 2009 winter secret omg no way amplafitesttag art arts bank barackobama election election08 entrepreneur event events fair family festival field filmfest florida football for free fun activism advertising alcohol alternative-news ancient-history atheist bizarre blogs books facebook obama oil online wordpress youtube sex sexy hot love president 2008 2009 winter secret omg no way amplafitesttag art arts bank barackobama election election08 entrepreneur event events fair family festival field filmfest florida football for free fun activism advertising alcohol alternative-news ancient-history atheist bizarre blogs books facebook obama oil online wordpress youtube sex sexy hot love president 2008 2009 winter secret omg no way amplafitesttag art arts bank barackobama election election08 entrepreneur event events fair family festival field filmfest florida football for free fun activism advertising alcohol alternative-news ancient-history atheist bizarre blogs books facebook obama oil online wordpress youtube sex sexy hot love president 2008 2009 winter secret omg no way amplafitesttag art arts bank barackobama election election08 entrepreneur event events fair family festival field filmfest florida football for free fun activism advertising alcohol alternative-news ancient-history atheist bizarre blogs books facebook obama oil online wordpress youtube sex sexy hot love president 2008 2009 winter secret omg no way amplafitesttag art arts bank barackobama election election08 entrepreneur event events fair family festival field filmfest florida football for free fun

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Hell or Heaven: Firsthand Authors Describe your Fate

Our earthly existence demands that we plan for our future in the best way that we can. We must conduct our affairs in this life in a prudent manner regarding investments, education, insurance and such to guide us towards the goal of safety and contentment. But what about a strategy regarding the afterlife when our brief stay on this planet is over?

Bill Wiese and Don Piper are two authors who describe in vivid detail the ultimate outcomes of our worldly lives in books respectively entitled “23 Minutes in Hell: One Man’s Story About What He Saw, Heard, and Felt in that Place of Torment” and “90 Minutes in Heaven: A True Story of Death and Life”. The aptly named books describe firsthand the reality of two extreme destinations one of which lies ahead of each of us according to our own freewill choices.

Wiese’s “23 Minutes in Hell” began at 3:00 a.m. on Monday, November 23, 1998 when he found himself being hurled through the air completely out of control before landing in what appeared to be a prison cell. He was “fully awake and cognizant” throughout the entire event during which he was led to experience a peril well beyond what can be imagined in this life.

“There is never any peace of mind. No rest from the torments, the screams, the fear, the thirst, the lack of breath, no sleep, the stench, the heat, the hopelessness, and the isolation from people.” Bill adds that “this place was so terrifying, so intense, and so hostile that it would be impossible for me to exaggerate the horror.” The hideous, seething creatures together with an overwhelming sense of hopelessness made one trapped in a “sea of tormented souls”.

The other end of the spectrum is explained by Don Piper’s “90 Minutes in Heaven” which describes his experience while declared dead after his car was struck by an eighteen-wheeler at about 11:45 a.m. on January 18, 1989. He was greeted in the heavenly realm by what he called a “celestial welcoming committee” of incredibly joyous people whom he had known previously that had passed on from earthly life.

Piper described the sensational level of bliss by stating that “everything I experienced was like a first-class buffet for the senses. I had never felt such powerful embraces or feasted my eyes on such beauty. Heaven’s light and texture defy earthly eyes or explanation. Warm, radiant light engulfed me. As I looked around, I could hardly grasp the vivid, dazzling colors. Every hue and tone surpassed anything I had ever seen.” Don was in another dimension and felt “fully alive” in a state of awe that human words are not capable of expressing.

The hell and heaven experiences of both authors are precisely in line with another source that has displayed irrefutable accuracy over time. This book is a compilation of 66 works written by about 40 authors over the course of approximately 1,500 years in three different languages on three different continents. The book that calls one’s attention to what awaits all in the afterlife is called the Bible.

The evidence is clear that the Bible gives harsh descriptions in regards to the reality of the “damnation of hell” ( Matthew 23:33 ). It warns of “everlasting destruction” ( II Thessalonians 1:9 ), “place of torment” ( Luke 16:28 ), “fire that never shall be quenched” ( Mark 9:43 ), ), “weeping and gnashing of teeth” ( Luke 13:28 ), “where their worm dieth not” ( Mark 9:44 ), “everlasting fire” ( Matthew 18:8 ), “outer darkness” ( Matthew 8:12 }, and “lake of fire burning with brimstone” ( Revelation 19:20 ) to name but a few of the wake-up calls regarding the “danger of hell fire” ( Matthew 5:22 ).

Heaven, on the other hand, is a place where “they shall hunger no more, neither thirst any more” ( Revelation 7:16 ) and “there shall be no more death, neither sorrow, nor crying, neither shall there be any more pain: for the former things are passed away.” ( Revelation 21: 4 ). It will be an indescribable “eternal weight of glory” ( 2 Corinthians 4:17 ) for those who cherish and abide by the Bible’s teachings. It will be a place of pure love beyond our finite comprehension.

Bill Wiese gives his support and states that “the Bible is far more unique than any other book written. It has been scrutinized by an endless array of scholars, historians, archeologists, scientists, mathematicians, and the like for thousands of years. There have not been any discrepancies or errors that could not be cleared up with good scholarship.”

Bill supports this claim by listing quotes from both acclaimed scholars and respected historical figures who support the absolute reliability of the Bible. Don Piper is also one who conveys his full conviction with respect to the truth of the Scriptures without question.

So what guidelines are to be followed to enter the gates of heaven and avoid the described torments of hell after reading “23 Minutes in Hell” and “90 Minutes in Heaven” and the most popular book in the history of the world? The answer is clearly to pay close attention to the life and teachings of Jesus Christ as the only “mediator between God and men” ( 1 Timothy 2:5 ) to gain our heavenly triumph.

Both Bill Wiese who suffered the anguish of hell and Don Piper who had to leave the indescribable bliss of heaven to an agonizing recovery believe that their lives are meant to tell the world of the consequences that await us all. They are using their experiences to warn anyone and everyone about the realities of what they lived through. They also wish to share the truth that the only way to escape the eternal and hopeless trappings of hell is a commitment to the saving grace of Jesus Christ.

My own unfortunate life events are what led me to find this truth. I have suffered the effects of having been comatose for 11 days, walked away from a burning car wreck, been struck by a Mack truck and have escaped a handful of other potentially deadly or crippling circumstances. Failure has certainly not been a stranger in my life in other ways as well. I share a belief with the authors that my experiences in this life are meant for salvation on both a personal level as well as for readers who simply need to get right with God through Jesus Christ.

My advice? Find and join, if you haven’t already, a true Christian church that bases its teachings strictly on the verses contained in the Bible. Avoid at all costs any “feel good” or watered down alternatives that compromise the truth for the sake of profit or political correctness. Finally, believe the words of Jesus in John 14: 6 of “I am the way, the truth, and the life: no man cometh unto the Father, but by me.” Your eternity depends on it.

( Bill Wiese’s “23 Minutes in Hell: One Man’s Story About What He Saw, Heard, and Felt in that Place of Torment” and Don Piper’s “90 Minutes in Heaven: A True Story of Death and Life” and the Bible can be purchased at http://www.christianbook.com )

Brian Connors
http://www.articlesbase.com/religion-articles/hell-or-heaven-firsthand-authors-describe-your-fate-138609.html

Social Work and the Law

NOTE: THE ARTICLE APPEARING BELOW WAS COPIED ON  22 JUNE 2009 BY http://www.cityadministrator.org/?p=397 WITHOUT MY PERMISSION AND WITHOUT CITING THIS AUTHOR. The blog is hosted by GoDaddy and registrant

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Baltimore City Department of Social Services v Bouknight,

488 U.S. 1301 (1988)

A three month old infant was admitted for treatment in a hospital. It became apparent that the mother, Jackie Bouknight may have maltreated the infant. Consequently, the Department of Social Services (DSS) petitioned the Court to declare the child as a “child in need of assistance” and grant it the power to put the child under foster care (Baltimore City Department of Social Services v Bouknight, 488 U.S. 1301 (1988). The Court granted relief and it was agreed upon by the parties that Bouknight shall have the custody of the child subject to the conditions of supervised parenting and an undertaking of non-infliction of bodily harm and punishment on the child. At first, Bouknight complied with the conditions but later on she became uncooperative and refused to produce her son to the DSS.

The DSS in fear for the safety and well being of the child filed a case before the Court to compel Bouknight to produce her son. She failed to appear before the Court but was later on arrested. On her refusal to disclose the whereabouts of her son, she was found guilty of contempt and was ordered to be incarcerated until compliance with the order [In re Maurice, No. 50 (Dec. 19, 1988). 314 Md. 391, 550 A.2d 1135].

On certiorari, the Court of Appeals of Maryland ruled that the incarceration of Bouknight was an infringement of her Fifth Amendment right against self incrimination. According to the Court, the production of the son is testimonial in nature because by doing so, it only proves Bouknight’s “continuing control” over her son which may be utilized in a criminal proceeding. It ruled that there are acts of production deemed to have testimonial value citing the case of U.S. vs. Doe (Baltimore City Department of Social Services v Bouknight, 488 U.S. 1301 (1988).

The U.S. Supreme Court granted the stay of DSS pending the filing of the requisite petition for certiorari. The grant of stay was based on the fact that even assuming that the act of production of the child is testimonial in character, many line of decisions of the Court are clear that as between the public need vis-à-vis a single claim of an individual on constitutional privilege, the former is upheld. In this particular case, the safety and interests of the abused child must be upheld over Bouknight’s assertion considering that, in the hierarchy of values, the safety and welfare of the child takes precedence over other concerns (Baltimore City Department of Social Services v Bouknight, 488 U.S. 1301 (1988). Moreover, the information sought which is the whereabouts of the child is for the contempt charge and therefore civil in nature (Baltimore City Department of Social Services v Bouknight, 488 U.S. 1301 (1988).

The Fifth Amendment: Right against Self-Incrimination

The Fifth Amendment originated from England and derived from the Latin maxim “nemo tenetur seipsum accusare” meaning “no man is bound to accuse himself” (Levy, 1968). It was used in both the accusatorial and inquisitorial legal systems of England (Levy, 1968).

In the U.S., after the revolution the states ratified the Constitution with the inclusion of the privilege in the bill of rights. The original version of Madison was amended by the House to include “in any criminal case” (Schwartz, 1971). Thus, as it now stands, the Fifth Amendment provides, “. . . nor shall be compelled in any criminal case to be a witness against himself . . .” (U.S. Constitution, Bill of Rights). The primary purpose of its inclusion in the Bill of Rights is “to protect the innocent and to further the search for truth” [Ullmann v. United States, 350 U.S. 422 (1956)]. However, in subsequent line of decisions, the Court ruled that other privileges stated in the bill of Rights are more in the nature of adjuncts to the determination of truth such as the right to counsel or the safeguards afforded by the Fourth Amendment while the privilege against self-incrimination is primarily for “the preservation of the accusatorial system of criminal justice” [Miranda v. Arizona, 384 U.S. 436, 460 (1966); Schmerber v. California, 384 U.S. 757, 760–765 (1966); California v. Byers, 402 U.S. 424, 448–58 (1971)]. This maintains the integrity of the judicial system and protects the privacy of the individuals from government intrusion [Miranda v. Arizona, 384 U.S. 436, 460 (1966); Schmerber v. California, 384 U.S. 757, 760–765 (1966); California v. Byers, 402 U.S. 424, 448–58 (1971)]. The privilege is a guarantee against compulsion for testimonial evidence which consequently will result in the imposition of criminal penalty on such person making testimony.

The Court laid down the requirements necessary before a party can successfully invoke the protection of the privilege against self-incrimination. In the cases of U.S. v. Doe, (465 U.S. 605) and Doe v. U.S. [487 U.S. 201, 209 (1988)], the Court enumerated the three (3) requisites that should be present for the Fifth Amendment to apply, namely: a) “that the statement be testimonial; b) incriminating; and, c) compelled.” According to the court, ‘testimonial’ refers to all communications whether express or implied which “relate to a factual assertion or disclose information” (Ashby, J., 2006 citing Doe v. U.S., 487 U.S. 201). The statements or communications made whether verbally or in writing fall within the privilege (Ashby, J., 2006) and is not limited by the forum where it was elicited, i.e. before the court, administrative proceedings or before the law enforcement office [Lefkowitz v. Turley, 414 U.S. 70 (1973)]. The second requirement, ‘incriminating’ refers to statements that can be used as a basis for a finding of criminal liability under a penal law or “provides a link to the chain of evidence for prosecution under a criminal statute” [United States v. Hubbell, 530 U.S. 27 (2000)]. The third requisite is the compulsion to give a statement. The Court explained that this requisite refers to “circumstances that deny the individual a free choice to admit, to deny, or to refuse to answer” (Ashby, J., 2006). Additionally, the Court ruled in the case of Fisher v. United States that these three requisites should all concur and be present so that the privilege can be successfully invoked [425 U.S. 391(1976)].

Legal and Ethical Issues and their Impact on Social Work Practice

The main legal issue in the case of Baltimore is whether the circumstances surrounding it would fall within the ambit of the privilege against self incrimination and consequently, Bouknight may successfully invoke it and prevent her from being compelled to produce or furnish the whereabouts of her son lest be incarcerated for contempt.

The Supreme Court allowed the stay of the decision of the appellate court for overturning the ruling of the juvenile court and in finding that the compulsion for Bouknight to produce her son squarely fell within the privilege and therefore ordered her release (Alderman and Kennedy, 1992). The appellate court found that the act of production is testimonial and therefore its compulsion, is a violation of the privilege. Furthermore, the interest of the government in the safety of the son cannot outweigh the observance and respect for the privilege against self incrimination as provided in the Bill of Rights (Alderman and Kennedy, 1992). In other words, the three requisites concurred, i.e. the act of production or of furnishing information as to the whereabouts of her son are incriminating and testimonial in character; and, there was also compulsion because if she failed to disclose information sought she would be incarcerated for contempt as what had happened.

The Supreme Court through Chief Justice Rehnquist predicated his discussion on three major points, namely: a) The Court of Appeals passed upon a controversy concerning the federal Constitution which logically can be properly resolved by the U.S. Supreme Court (California v. Riegler, 449 U.S. 1319); b) The act of production does not fall within the ambit of the privilege citing the cases of U.S. v. Doe, Fisher v. U.S. and Schmerber v. California. In these cases, the court ruled that the act of production of the documents is not ‘testimonial’ and therefore does not infringe upon the privilege considering that their existence and location are already known to the Government. In fact, responding to a subpoena have been considered legal and acceptable even if compulsion is present [Fisher v. United States, 425 U.S. 391 (1976)]. Moreover, when an accused is required to furnish his handwriting sample, this had been held not to violate the privilege because it is not ‘testimonial’  but merely evidentiary United States v. Flanagan, 34 F.3d 949 [10th Cir. 1994]). The third point c) is by using the balancing of interests test or balancing the public need vis-à-vis ensuring the individual’s constitutional civil liberties, public need prevailed considering that the disclosure of information was non-criminal and not directed at a particular group as was held in the case of California v. Byers, 402 U.S. 424 (1971) where the validity of a law requiring disclosure of the name and address at the scene of a vehicular accident. Similarly in the case of New York v. Quarles where the Fifth Amendment rights have to give way to a public safety exception and therefore in the case of Bouknight, “the public safety exception to the Fifth Amendment was justified because its interest was in protecting children like Maurice, not in prosecuting” (Alderman and Kennedy, 1992).

In sum, the privilege against self-incrimination is not an absolute right. Albeit the civil liberties accorded under the Bill of Rights safeguards undue government intervention and restraint to its power, there are instances when these rights would have to give way to compelling interests of the society that would warrant Government intervention and intrusion such in the case of protecting and ensuring the safety of infants or children from physical abuse. Once it has been established that a child is abused, it becomes the duty of the State to take over and protect.

The judicial pronouncement in the case of Bouknight has a pervading and far reaching implication on social work practice. This gives the social workers a great burden and responsibility to follow up sharply abused children in foster care or those released under an order of protective supervision. Admittedly, there is an apparent lack of strict protocols in the present system of child welfare agencies (Parks, 2005). A set of guidelines must be crafted to govern exigencies of missing children from foster care like supervised visits and court orders in cases of abduction like what have occurred in Maryland with “Ariel” who had been abducted by his mother Teresa B (Parks, 2005). Guidelines should also be drawn to address the coordinated efforts both with the law enforcement and child welfare personnel.

Tarasoff v. Regents of University of California,

17 Cal.3d 425

A graduate student from India, Prosenjit Poddar went to the University of California Berkeley to study naval architecture. It was there that he met Tatiana Tarasoff. A few kisses made him believe that they have a special relationship until Tarasoff bragged about her many relationships with other men. Poddar suffered depression until he sought professional help from Dr. Moore, a psychologist of the University Health Service. He confided to the doctor that he intended to secure a gun and to kill Tarasoff. On the strength of a letter request of Dr. Moore, Poddar was taken by the campus police, however upon assurance that Poddar was reasonable he was released. Upon the return of the University Health psychiatrist from his vacation, he ordered the destruction of Dr. Moore’s letter and did not recommend any further action on Poddar’s case.

When Tarasoff returned from her vacation, she was stabbed and killed by Poddar who at that time moved in with her brother already. The parents of Tarasoff sued the Regents of the University, its health personnel namely, Gold, Moore, Powelson, Yandell and the campus police namely, Atkinson, Beall, Brownrigg, Hallernan, and Teel  for “failing to warn their daughter of an impending danger” (Tarasoff v. Regents of University of California, 17 Cal.3d 425). At the lower court, the complaint was dismissed because there was no cause of action. According to the lower court, the defendants only had the duty to the patient and not to a third party.

The dismissal was appealed to the Appeals Court but which only sustained the dismissal. Thus, it was elevated to the Supreme Court of California. The appealed decision in so far as the university police officers, Atkinson, Beall, Brownrigg, Hallernan, and Teel finding them not liable to the plaintiffs was affirmed. However, in so far as the therapists and the Regents of the university, the appealed decision was overturned for reception of evidence in accordance with the pronouncements of the Supreme Court (Tarasoff v. Regents of University of California, 17 Cal.3d 425).

In fine, the complainants averred four (4) causes of action, namely: a) “Failure to detain a dangerous patient; b) failure to warn on a dangerous patient; c) abandonment of a dangerous patient; and, d) breach of primary duty to patient and the public” (Tarasoff v. Regents of University of California, 17 Cal.3d 425).

Anent the first and fourth causes of action, the Supreme Court ruled that the defendants cannot be held liable because of a specific provision of the Government Code or Section 856 thereof which grants immunity to public employees from any resultant damage or injury from deciding whether or not to confine a person with mental ailment. This provision is also applicable to the therapists because the law also refers to those who are capable of recommending confinement. As regards the third cause of action, the government immunity includes the “award of exemplary damages resulting from a wrongful death” and therefore, defendants cannot be held liable (Tarasoff v. Regents of University of California, 17 Cal.3d 425).

Anent the second cause of action, the Supreme Court found defendants therapists and Regents of the University to have failed to comply with their duty to warn Tarasoff of the peril to her life. Albeit, the therapists had no direct relations with Tarasoff, they could have reasonably foreseen the danger and threat to her life as confided by their patient, Poddar. This is the point where the law establishes the duty of care on their part to warn Tarasoff. Their failure to warn her may reasonably concluded as a proximate cause of her death. The duty of confidentiality between patient and psychotherapist and the right to privacy of the patient cannot prevail over public interest or public safety. Moreover, there are clear provisions of laws, i.e. Section 1024 of the Evidence Code and Section 9 of the Principles of Medical Ethics of the American Medical Association which allows the physician to divulge matters confided to him in confidence when it is necessary for public welfare (Tarasoff v. Regents of University of California, 17 Cal.3d 425).

Confidentiality

The effective therapeutic relationship between physician/psychiatrist and patient rests largely on trust that matters confided by the patient during the treatment are kept in strictest confidence by the physician/psychiatrist.  It is the ethical duty of the physician to observe privacy and confidentiality of his patients (Corbin, 2007). While it is also of public interest to ensure that treatment of those who are mentally ill by maintaining an atmosphere whereby they can have an open dialogue with their therapist and of safeguarding its confidential character; the same public interest calls for an imperative recognition of instances whereby disclosure of the confidential communications be revealed and be made to safeguard public safety and avert the threatened peril. In the instances, where the public safety is at risk, the therapist must disclose confidential information discreetly with due regard to protecting the privacy of his patient (Tarasoff v. Regents of University of California, 17 Cal.3d 425).

The parameters of confidentiality are defined by law and by the ethical code of conduct for practitioners in the territorial jurisdiction. In the case of Tarasoff, the Evidence Code and the Principles of Medical Ethics of the American Medical Association provided specific and limited exceptions under which the confidentiality privilege can be breached, i.e. “if the psychotherapist has reasonable cause to believe that the patient is in such mental or emotional condition as to be dangerous to himself or to the person or property of another and that disclosure of the communication is necessary to prevent the threatened danger; unless he is required to do so by law or unless it becomes necessary in order to protect the welfare of the individual or of the community” (Tarasoff v. Regents of University of California, 17 Cal.3d 425).

It would be wise for the practitioners to familiarize themselves of the limits of confidentiality as provided under the laws considering that it may differ from state to state. The Tarasoff case provided a basis to guide a practitioner in his professional dealings relative to the duty to warn others in cases of a specific threat of harm by his patient against others/another. Subsequent cases followed the consistent pattern of the jurisprudence laid down by the Supreme Court. In the case of David v. Lhim (1983), the plaintiff-administrator of the estate sued the psychiatrist who treated the son who killed his mother after he was released from the hospital. There was failure on the part of the psychiatrist who treated the son to warn the mother of the potential danger after her son confided his intentions of killing her (Corbin, 2007). In another case, Chrite v. U.S. (2003), the Veterans Administration was held liable for having failed to warn the intended victim of a patient of a threatened harm. Subsequent rulings of the court clarified and defined what constituted ‘threat’ as “imminent threat of serious danger to a readily identifiable victim” and “specific” (Corbin, 2007).

When there are no specific provisions of the law, Dickson (1998) proposes that the therapist/practitioner may be protected against lawsuits if he would consult and keenly document the case of the patient or comply with the “mandated reporting guidelines” required by some states. Reamer (2003) on the other hand, suggests that the therapist must have evidence that the patient is a threat to the safety of another; evidence of that the threat can be foreseen; threat is imminent and that the potential victim is identifiable.

Legal and Ethical Implications and their Impact on Social Work Practice

The duty of reasonable care to assist others in danger is a legal duty as well as a moral duty. However, American negligence law only recognizes it as a moral duty except when there exists a relationship between parties. In the case of Tarasoff, no special relationship existed between the therapist and Tarasoff; however the court has made an exception to this general rule (Bickel, 2001). It declared that the therapist has the duty to care and to warn Tarasoff of the imminent harm on her life. This also includes the duty to control the conduct of his patient, Poddar. In the same breath, a doctor has the duty to warn his patient if he has a contagious disease (Saltzman and Furman, 1999).

There is an affirmative duty for the therapist to advise and warn Tarasoff of the threat to her life although this meant breach of confidentiality with his patient Poddar. This finds basis both legally and ethically considering that the law and the code of ethics for doctors have recognized and provided specifically that doctors are bound to disclose relevant facts to others even if this violates confidentiality with their patients provided they are required by law or if it is required for public safety (Saltzman and Furman, 1999). This legal duty to warn applies when the threat is specific and imminent and where the victim is “readily identifiable” (Bickel, 2001). The courts also have recognized the difficulty in assessing and predicting circumstances that may lead to harm or violence and consequently, adhered to the ‘professional judgment rule’ whereby the therapist is not held liable for errors of judgments. Liability attaches only upon showing that the conduct of the therapist was not in accordance with the “accepted professional standards” (Bickel, 2001).

There is an ambivalence that was created by the Tarasoff protective disclosure ruling with the practitioners (Kachigian and Felthous, 2004). Analogous cases and protective disclosure statutes in the different states were analyzed and it was discovered that there are no clear defined parameters of these duties. The therapist is required to a certain way betray his patient by disclosing matters which are protected by confidentiality. Considering the uncertainty brought about by the legal doctrine and court decisions, the undesirable consequence of which was deterrence for therapists to accept “treatment potentially violent patients” (Merton, 1982). Moreover, therapists are more inclined to have their patients committed in an institution so that threats to the safety of potential victims can be averted.

The Tarasoff protective disclosure was even extended recently to include even “communications made from a patient’s family member” as pronounced by the Court in the case of Ewing v. Goldstein (May and Ohlschlager, 2008). The dubious jurisprudential precedents by the courts in interpreting the protective disclosure statutes or its resort to common law instead of interpreting the statute left a vacuum in the definition of the duty to protect (Kachigian and Felthous, 2004). As a result, “clinicians must continue to rely on their clinical and ethical judgment, rather than statutory guidance, when considering potential protective disclosures or future drafts of protective disclosure statutes” (Kachigian and Felthous, 2004).

References

Alderman, E. and Kennedy, C. (1992). In our defense: the bill of rights in action. First Avon

Books edition.

Ashby, J. (February 2006).  Note declining to state a name in consideration of the fifth amendment’s self-incrimination clause and law enforcement databases after Hiibel. Michigan Law Review, No. 4, Vol. 104:779.

Baltimore City Department of Social Services v Bouknight, 488 U.S. 1301 (1988).

Bickel, R. Revisiting Tarasoff v. Regents of University of California: the scope of the psychotherapist’s duty to control dangerous students. Presented before the 22nd Annual Law and higher Education conference in Clearwater, Florida on 18-20 February 2001.

California v. Byers, 402 U.S. 424, 448–58 (1971).

Corbin, J. (Fall 2007). Confidentiality and the duty to warn: Ethical and legal implications for the therapeutic relationship. The New Social Worker, Vol. 14, No. 4.

Dickson, D. T. (1998). Confidentiality and privacy in social work. New York: The Free Press

Doe v. U.S., 487 U.S. 201, 209 (1988).

Fisher v. United States, 425 U.S. 391 (1976).

Kachigian, C. and Felthous, A. (September 2004). Court responses to Tarasoff statutes. Journal

of  American Academy of Psychiatry and Law Online, Vol. 23:263-273.

Levy, L. (1968). Origins of the fifth amendment: The right against self-incrimination.

May, S. and Ohlschlager, J. (2008). California alert! Tarasoff ruling expanded for clients who ‘go off.’ ECounseling. American Association of Christian Counselors.

Merton, V. (1982). Confidentiality and the dangerous patient: Implications of Tarasoff for Psychiatrists and lawyers. Emory Law Journal, Vol. 31:265.

New York v. Quarles, 476 U.S. 649 (1984).

Parks, A. (2008). Unless the Court of Appeals decision is reversed, MD children may not be. Daily Record The Baltimore.

Reamer, F. (2003). Social work malpractice and liability. New York: Columbia University Press, 2nd ed.

Saltzman, A. and Furman, D. (1999). Law in social work practice. Brooks Cole, 2nd edition.

Schmerber v. California, 384 U.S. 757 (1966).

Schwartz, B (December 1971). The bill of rights: A documentary history. Chelsea House Publishers with McGraw-Hill Education.

Tarasoff v. Regents of University of California, 17 Cal.3d 425.

Ullmann v. United States, 350 U.S. 422 (1956).

U.S. v. Doe, 465 U.S. 605.

United States v. Hubbell, 530 U.S. 27 (2000).

E.Writers
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Should Al Gore go to prison for the Global Warming Hoax?

The science is now in and for the last 5 years, the planet is actually getting cooler. The Al Gore and the groupies that followed with movies, books and yes even legislation have perpetuated a lie that went worldwide. These are the same folks that what you to roll over for gov-health care

No. It is not a hoax. You have been lied to. 5, 10 years does not matter when it comes to Climate Change. You do Not know what you’re talking about.
Obviously you do not know how science works, and prefer listening to rants from conspiracy artists and conservative talk show host who will say anything for ratings. You have been lied to, you have been fooled.