Délation of character

Lilienthal, Gary I. and Ahmad, Muhamad Hassan (2023) Délation of character. In: Regulation of the Professions in East Asia. Social Issues, Justice and Status . NOVA Science Publishers, New York, USA, pp. 165-216. ISBN 979-8-88697-409-6

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Abstract

The Metropolitan Opera of New York, in the United States, has now banned Internationally famous Russian soprano Anna Netrebko for two years because she is Russian. In the light of the obvious contradiction, and absence of reasoned elaboration, of this determination of Netrebko’s fitness and propriety, identifying the significance of denunciation in hegemonic groups’ control of skilled work, the objective of this research is to examine critically the relevant aspects of public denunciation. Today’s publicly announced purpose of licensure is “protection of the public through assurance of minimum level of competence”, and appears to have had the effect of continually recreating the medieval monopolies, for the stated avowed purposes of public good. The commonplace oratory could access people’s hatred for non-criminal errors, when stated in the public domain as maxims. When embedded within a judicial denunciation, commonplace served as a criminal judgment without a crime. Although it is said to be unnecessary to make an account of an acknowledged crime or error, commonplace had instead a goal of amplifying only what has been already acknowledged, such as for example a folk maxim. As such, it can assume guilt regardless of the overwhelming circumstances to the contrary. The research question asks whether a negative finding of fitness and propriety constitutes commonplace denunciation, through a judicial failure of sufficient reasoned elaboration. Argument seeks to demonstrate the proposition that fitness and propriety is nothing more than inadequately defended commonplace denunciation. Lord Coleridge had failed to elaborate the conception of being protean, and therefore the conception of the public interest was not elaborated in reason. Without this, nobody could be unfit and improper. The conception of the public interest therefore fell to the implied lessons of general and folk maxims, forcing Lord Coleridge’s final judgment into the form of a commonplace denunciation. Lord Coleridge had decided to avoid the contradictions of commonplace and reach the same judgment in another way. Since there was a maritime custom in operation, the egregious act was not a crime. Therefore, a crime must be found in another way. A speaker could always construct an illusory enthymeme and present it as a delight to the audience. Commonplace attacks the target person’s past life events. It sets out to amplify only what the public mind has already acknowledged and hated. It allows the assumption of a mere indicium of hypothesis of guilt, regardless of overwhelming evidence to the contrary. This had allowed délation to rise to the rank of high sacred duty, filling the land with spies, rendering every man an object of suspicion by hegemonic groups. Consequent denunciation, in outline, was to reveal the hidden, to collate small pieces of knowledge gleaned from individuals into a general corpus of understanding, and last, therefore, to protect the state from its opponents. This was a mass exercise in weak inductive reasoning, but persuasive to public opinion. It allowed public debate to convert a paramount duty to save the state into an individual duty and derived right of denunciation. The Jacobins tried to resolve contradictory locus of the “sovereign people”, as it validated all folk maxims, by grounding the Terror in the expulsion of its opposition. Now, they could peer into the darkness of a newly voiceless imagined opposition personality or character, to make this imaginary secret public. This suggested the genesis in removal of political opposition of declaring a person not fit and proper.

Item Type:	Book Chapter
Uncontrolled Keywords:	Reasoned Elaboration, Fitness and Propriety, Commonplace Denunciation, Folk Maxims, Délation, Character.
Subjects:	K Law > K1701 Labor Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Dr. Muhamad Hassan Ahmad
Date Deposited:	09 Mar 2023 17:30
Last Modified:	10 Mar 2023 15:08
URI:	http://irep.iium.edu.my/id/eprint/103914

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