Celebrity as a Public Norm, Their Private Behaviour in the Realm of Public - Essay Example

Topic: Celebrity as a Public Norm, Their Private Behaviour in the Realm of Public Content Case Scenario: 2 Hong Kong: 2 Media Paradox: 3 Dialectic of Enlightenment: 4 Public spaces: 5 Neo-liberalism View: 6 Social Formation: 7 Public & Private Boundary 8 Sennettism 11 Analysis of Others view: 14 Conflict of Law and Morality: 15 Positivism: 15 A principle, according to Dworkin, is: 16 Professor Harts: 16 Conclusion: 19 Bibliography: 20 Order#: 219775 Language Style: English UK Grade: 1st class Pages: 16 Case Scenario: Given scenario pointed out that a Hong Kong Celebrity Edison Chen had crossed the boundary of morality having sex with too many female celebrities and taking their node pictures intimate with him. The pictures were preserved in his PC and leaked onto the Internet and pubic when he sent his PC for repairing. Hong Kong police seized Chen's computers and discovered there were more female celebrities who Edison had taken naughty pictures. Both Print and Internet medias were much more concerned with the scandal and put the Celebrity private behaviour to the public. Consequently Chen was step out from the entertainment industry permanently and the involved female celebrities were seriously injured in their family life and also career. Sociological speculation of Chen's case is a historical exercise to intellectual fantasy continues to exhibit the animated blend of social psychology counter cultural angst that characterised. Here the case scenario has been analysed with sociological norms of legal and moral perspectives with both theoretical and empirical viewpoint. Hong Kong: Hong Kong is a Capitalist regime. After two hundred years British rule it has gone under China in recent days. China communist party not yet interfered to reengineering internal socioeconomic structure. Thus society has all capitalist properties and the motive behind the irrational action of Hong Kong police in Edison Chen's case, as many have expected to save the involved high profiled businesspeople and underworld godfathers backed by bureaucracy. There is nothing to wonder HK police were so nervous to prosecuting the case. Justice system is fair for rich, pretending it is democratic, fair and open but wouldn't truly defend the right of poor and the rights of privacy. Idea of harmonic society and Fair Trail is absent. Moreover, there were absent of privacy and copyright act to protecting cyber crime presumptuous it is blind, deaf and dumb. Government of HK generally appreciated the human rights of citizens. The law and judiciary commonly provide effectual means of dealing with individual instances of abuse. A human rights problem exists before and after British handover. But the general verdicts of legislation have the opportunity in some degree of media self-censorship, discrimination against the disabled and ethnic minorities, violence and discrimination against women and protecting the privacy of citizens. But the police left Chen's case out of fair trail under Human Rights Act 1998 section-8. Just after a press conference Chen is now working with US entertainment industry. Media Paradox: Media played a vital role Chen's case to taking the privacy onto public without protecting citizen's privacy. The mass media has taken on the traits of a secondary realm of intimacy. Media focused more on intimacy rather than morality. It helped to spread the rumours that firstly started on Internet. Majority of the press companies wanted this issue become bigger and bigger so that they could have larger circulation. Every time new pictures released on the Internet, the media reported it immediately to the public and made more people know about this and go back to that forum for these new pictures. On the other hand, these celebrities to make their announcements also used media. They tried to rebuild their reputations by using the power of media. So that in this case, the paradox of media's position confuses the public and make this issue more complicated. Dialectic of Enlightenment: This evidence of Chen's case applies theory of Dialectic of Enlightenment of Adorno and Horkheimer (1997). Adorno and Horkheimer argued that there is a connection of the mythical within explanation. They also dispute that they should not lead us to garbage the project of illumination but to look for modification within the rationality1. Enlightenment's main claim should sound like enduring. Cultural Revolution produces a non-teleological dimension. This negative response of end produce a utopian theory illustrated by Simon Tormey. Tormey (2005) also added dependent, beyond capture open, negotiated and, unpredictable. In the case of Chen the question of public space has been raised and diverse question of a public sphere necessitate a akin critical approach with better recognised that stems from the unkempt promise integrated undelivered dreams of Enlightenment. 2 Although rationally, morally, people shouldn't look into other's privacy, but a gathering of individual interest has become a huge demanding. Rule of law provide " all are equal in the eye of law, none can stay over law". So for celebrities may not judged by any other means. What they did is private there is no harms if it is with consent. But if it is out of consent, must be treated and criminal offence. Moreover, having sex and taking erotic pictures with too many girls is out of traditional Chinese norms. Situation must demand fair trail. Though Edison Chen grew up in Canada, but his work and fact in HK, western sexual ideology may not be applied in this case. Public spaces: The trends for public spaces follow its termination in the commercialised cities. Zukin, S. (1995) has evaluated Business upgrading and complicity of cultural institutions in the developed districts of New York City. Bauman, Z. (2000) added that the mission of critical theory of today is to protect the desertion of public realm upon which private space trespass. Bauman, Z. (2000) addressed to refurnish and relocate the public space way out of the 'interested citizen', and the break out of real power into the region in which only be explained as 'outer space'. Outer space resources the de-centered topography of trans-national companies whose key purposes are outsourced. In the qualification of Chen's case this qualification more helpful when People were curious because their images in these pictures were totally different from the images they had showed before. They never showed their bodies even in the films they made. But arrested a suspicion that may be involved in establishing these pictures to public and disturbing social orders. However, a few hours after he was arrested, more similar pictures were found in the same forum and this time, another 10 celebrities were involved. Neo-liberalism View: New urbanism changed Bauman's case by the growth of neo-liberalism, as the architectural form of new urbanism. Amin, S., (2000) reads neo-liberalism as reinforcing a danger of "anti-democratic regression"3, and Harootunian, H. (2006) observes that it contradicts the rhetoric of democracy in its management of crisis, which is the production of permanent crisis. But then liberalism always was a form of social control, which is mix of good intentions through an apparatus of reform designed to diminish the possibilities for revolt. This is not decrease the beneficial impacts of reform, as in installing drains in metropolitan cities to providing clean drinking water to citizens is a process only just turned over to the private sector as a new area for exploitation. Bentham's liberal individualism theories defines public interest is the gathering of the majority of individuals in the society. To minimize the pain and maximize the pleasure, it is ok to ignore these celebrities, their pains, and their futures to satisfy the public interest. Moreover, in the future, if they and their behaviours be forced to stay away from the public view, it may help to improve the image of HK entertainment industry and maintain the stability of social orders.4 Feminism might be useful here as well. These female celebrities chose to keep silence; they tried stay away from the centre of focus. So far, they haven't carried out a prosecution. As a silence group, they want this thing to end up as soon as possible. What is more, in the private realm they live in, they are in a negative position and now facing an unknown future for their marriage. Social Formation: However to defend public spaces is to refuse the infringement on them of a seemingly total privatisation. It is practical to consider in this an allegiance to a public sphere though to imagine other ways in which that sphere, may eventually be given form than in design, as yet metaphorical, or material provision. Yet this is not, either, in order to relegate it to aesthetics or literary fiction. It was conceived that form will not be ultimate or fixed but a negotiated position and will be always open to renegotiation, and already compromised in its unavoidable derivation from the conditions of non-publicity. Paul Carter (2006) said that the contingency of the public sphere can be likened and public space incubates a desire that cannot be satisfied, the same desire that keeps the space public, open to the prospect of better times which is not a place at all in any static sense, but the setting of a mass mobility made sociable in which the art of inscription can contemplate its own disappearance.5 Adam Smith's theories on market can be used here as well. When these celebrities and starts to deny them disgusted the public, the market soon reacted on the change of public interest. Like a lot of companies have already stopped the commercial contracts with them Public & Private Boundary In order to understand Arendt's position it needs to remember that after the failure of revolution in 1919, her work is haunted by the rise of fascism in industrialised Germany, and by the anti-semitism, which was the reason to flee Europe to North America, which she re-encountered as an observer at the trial of Eichmann in Jerusalem. At that time Arendt, (1958) writes that the privation of privacy lies in the absence of others, she hints at another privation in Germany, as prerequisite for oblivion. Internet forum as a public sphere should be an "ideal speech situation" which enables every individual to speak However, in this case, the police has interrupted this free realm and observed the real social identities of the users. But according to Hobbs, the state has the obligation to protect every citizen and their properties, and these pictures, the celebrities' privacy and intimacy are their properties. So I think here's an overlap of Habermas and Hobbs' theories about the boundary of the state's power in public sphere.6 In this case, in that discussion, users must register that establisher as "friend" to get the pictures, now the question arise that is it illegal to exchange pictures between friends. In this case discover the lack of Internet law; obviously the state needs reforming some specific laws to defend individuals. The obvious observation is that the distinction between public and private is an oversimplified account of contemporary society. More controversially, any idea of a fusion of the public and private spheres is equally inadequate. Alternatively, the public and private divide should be replaced by polycontexturality. The common claim is contemporary social practices can no longer be analysed and the fragmentation of society into a multitude of social sectors needs a multitude of perspectives of self-description. As a result, the simple distinction of state and society, which interprets into law as public law against private law, needs to be substituted by a multiplicity of social perspectives as they are simultaneously reflected in the law. This distinction can serve to maintain even to strengthen law's responsiveness to the public or private divide if the divide is understood as the difference between economic and political rationality. But at the same time the dualism needs to be broken up and substituted by the multiplicity of social perspectives. Angela Harutyunyan (2004) observes Habermas' public sphere as constructed in the discourses of citizens free from state interference, disagreeing that it functions only in conditions of free association. Then she asks what happens outside such conditions. She curated at the Armenian Centre for Contemporary Experimental Art in Yerevan in 2004, where a leaflet publicising the project public media space. 7 However, private law needs to re-enforce its elective resemblance to the contemporary plurality of discourses not only its affinity to the economy since it is predominantly understood at present, but also private law's close relations with the many contexts of intimacy, education, health, science, art, religion, and media. Denial of publicity is not only painful in a personal sense but also in an urgent social sense. Arendt, (1958) argued that whilst a public realm gathers us together and yet prevents our falling over each other, this is at the cost of intimacy, which is bundled as one with the private realm of domesticity as secondary to the public realm. Herbert Marcuse's argument, in the counter the relegation of the realm of intimacy that the art of intimacy in love stories and poems is a last resort of liberation in times of total oppression for example those of the occupation, in an essay on French literature under the German occupation he argue it. These pictures have seriously damaged these celebrities' careers and reputations. HK has a very traditional cultural background that is similar to the mainland China. In the hierarchy family structure, women are required to be able to take care of the domestic realm. They should be the representation of feminity and loyalty. So that these pictures would seriously damage their image as a "good woman", hurt their partners' feelings and shame the family.8 One of the three female celebrities apologized on a press conference, the other two decided to keep silence. But the public strictly denied their images, their commercial contracts were cancelled and their films had to be remade with another actress. The one that quitted her job for marriage may suffer a cancellation of her engagement. This scandal maybe forgotten by the public in the future but the damages it has done on their families are not repairable. Sennettism Here this paper would like to tale Sennett's view as Sennettism as applicable tools to apply in Chen' case. To apply in the present case Sennett's concept of Hidden Injuries of Class (1972), The Fall of Public Man: On the Social Psychology of Capitalism (1977) has been integrated. Sociological speculation of Chen's case is a historical exercise to intellectual fantasy continues to exhibit the animated blend of social psychology counter cultural angst that characterised.9 Sennett remarked as "Modern ideas about the psychology of private life are confused." His convincing argument on his obsession "a relation between how people view their love-making and what they experience on the street a difference in the expression appropriate for public relations and that appropriate for intimate relations" In the Social Psychology of Capitalism Sennett added theoretical severity has never been a prominent feature of his work than a continuity of obsessions. Perhaps his main obsession has to do with the erotic poverty of modern urban life. Such opinion and sycophantic ideas are slightly embarrassing that is the heart of Sennett's work. Sennett relates a corresponding method in his social criticism. Sennett seriously concluded, "The great promise of city life is a new kind of confusion." In an era when self-satisfaction and decadence were the order of the present time, he notify against the rise of a new "Puritanism." Just when legitimate influence was decaying throughout societies and violence and collapse were out of control, he persisted to allow "no policing, nor any other form of central control, of schooling, zoning, renewal, or city activities that could be performed through community actions." Let us visualise the figure as: A community that is free to generate its own pattern of life. In this situation if the classification of labour that now function in city life were erased. It may be found that whites and blacks that were blue-collar labourers and old people living in compact circumstances. Perhaps most migrants come together as perhaps a few small shopkeepers. Because the land use had not been rigidly zoned, all kinds of activities appropriate to contemptible rents would be found. He especially just dreamed a darkly hermetic flirting at times without total intelligibility. He considered what has occurring to erotic life in the modern age. He categorically pointed out that in the last 4 generations physical love has been reengineered in terms of eroticism to terms of sexuality . . .. Eroticism indicates the sexual appearance emerge through actions as repression and communication. Sexuality is not an act other than a state of being where the physical act of love goes after almost as a passive outcome as a natural result people sentiment intimate with each other. . . .10 Sennett proposes that our culture experience from a 'fear of exposure' that obstructs psychological growth and happiness. He also argued that Christianity has enabled a negative dichotomy among "inner" and "outer" practice that must be prevail over. He added that our society needs is to farm an "art of exposure" to cure the "divide between inner, subjective experience and outer, physical life." According to Sennett social world be supposed to required "intimacy," "warmth, trust, and open expression of feeling," that "the world outside seems to fail us, seems to be stale and empty." Analysis of Others view: Weizman, E. (2006) addressed "the political realm of the Greek city was guaranteed, quite literally, by two kinds of walls (or wall-like laws): the wall around the city, defining the zones of the political, and the walls between the public areas and the private house, guaranteeing the autonomy of private space."11 The walls were splitting up of two unconnectedly gendered realms. Men's discourses are in the open air and women's discourses are household lives and cthonic means at dark spaces indoors on the Earth. This is inference given previous observation on what archaeology conserve. Sennett, R. (2003) has detained by his objects where the describes Greek society's polarisation of a male world delighted with light and heat as men's nature and indicated cool and dark feminine realm Habermas, J (1989) generated the idea of a public sphere as starting from separated civic institutions. Sennett noted down of citizens turned from one informal discussion to another as a nice image. But resolutions on state policy were not completed in the market. The preservation of the elite was not a medium for masses expression of social ideas. Fraser, N. (1993) remarked an etymological association among the words 'public' and 'pubic', "a graphic trace of the fact that in the ancient world possession of a penis was a requirement for speaking in public." 12 The public realm of Hong Kong is a model for the bourgeois public sphere supplementary for a democratic society simulated according to Eley, G. (1992) in capitalist society's humanitarian institutions and proficient associations. Fraser, N. (1993) also added that in time leaving out of sexual category, property and race moderated in Western democratic structures and disagree that examination of the concept of public sphere Bridge, G (2005) elevated one more problem and that is Habermas, J (1989)'s suggestion of communicative accomplishment is constrained to language and to a bureaucratic approach pedestal on claims to validity. What's more, the public thought Chen's behaviours were unbearable. Behaviours like having sex relationships with such many girls, taking and keeping pictures of all of them etc. have crossed the boundary of Chinese traditional morality.13 So that he got criticized the most. He kept silence at the beginning but new pictures kept leaking out, so that on the 21st of February Chen announced on his press conference in person that he would step out from the entertainment industry permanently which means these pictures have ended his career in Hong Kong. Conflict of Law and Morality: Positivism: In general terms there is usually a conflict between the natural law and positivism. The positivists believe, that if the law is made through correct procedures then it is the law to be obeyed, even if it is not liked. It is up to individuals to obey or not and to consider the consequence of disobedience. Professor Dworkin rejects an analysis of law as consisting purely of rules. Instead, he argues that law also consists of a set of standards on which legal rules are based. These standards are composed of policies and principles. A principle, according to Dworkin, is: Rules give a particular answer to a particular question, whereas policies and principles are guidelines. For example, the dilemma that faced the court in Airedale NHS Trust v Bland (1993) where the court had to decide whether it was lawful to allow the treatment and artificial feeding of a patient in a persistent vegetative state to be stopped. One of the principles, which the court considered was that of the sanctity of human life; another was the humanity of keeping the patient alive in that condition. From the application of the principles the court formulated a rule for the case.14 Sometimes a rule may conflict with a principle. For example, in Re Sigsworth (1935) the court had to make a decision between the rules. Land down by act of parliament, that a son should inherit his mother's estate and the principle that no one should profit from his own wrong-doing (the son had murdered his mother). They decided the case on the basis of the principle against being able to profit from wrong -doing rather than the strict rule. Professor Harts: In concept of law concluded that law and morality are different but related social phenomena. Although taking a positivist approach, Hart recognised a minimum content of natural law. Hart developed herm to other principle to include physical harm to oneself as a ground for legal intervention. The law may intervene not because the conduct is wrong but because it is harmful. The natural law is based on the idea that there is some rules which are higher than human law and that therefore any law which conflicts with those rules is not valid and need not to be obey. Lord Devlin stated that society might use the law to preserve morality in the same way society uses it to safeguard anything else that is essential to its existence. The theory is based on the promise that there is an object morality. Lord Devlin sets some limits on the laws intervention. There was certainly some overlap in Hart and Lord Devlin's view. In English law the modem approach has been to distance law from morality, in the sense that the law should not punish purely personal morality. Thus the Wolfenden Committee followed this theme or the liberal approach with the view that there is an area of private morality, which is not the concern of the law. This resulted in the recommendation that homo sexuality between consenting adult males in private should no longer be an offences, but that activities in public, which may have affected others such as addicting people and running brothel ought to be illegal. One possible overlaps between law and morality is euthanasia. In R v COX, comparable as in the case of Dr Moor, any doctors who is involved an a mercy killing may be prosecuted for murder or mans laughter. In the view of doctor's morality the work what he has done was morality right as his intention was to relieve the patient from the intolerable pain. But the eyes of law the ultimate principle are sanctity to life. Therefore, no one can take others life even with their consent.15 In the case of R v Brown, the House of Lords held that offences under s. 20 and s. 47 of the Offences Against Persons Act 1861 has been committed, where the defendant had committed sado-masochistic acts in private and their victims had consented, as a result they were hurt each other. Morality speaking, though they injured each other but did it in their private house with moral consent in their sense. So it is not any laws business to interfere into some one's private life. Here the law interfere and essays it is illegal. In the case of Shaw v DPP, which is the ladies directory case, where prostitutes advertised in magazines and where the publishers were convicted of the offence of conspiring to corrupt public morals. In Knuller v DPP the publication of advertisement inviting homosexual contracts were said to be undesirable on grounds of public policy and were prohibited as in Shaw. In the issue of contraceptives to girls under 16 without parental knowledge or consent is unlawful Gillick. Though it is private life but law interfere here and impose punishment. 16 Law and morality in some places and at some times overlap and sometimes diverge. When law and morality intersect they may not be identical and that the law may be more specific and allow exceptions whereas morals rule may be all embracing as, for example, abortion where a person, morality may permit of either abortion on demand or not in any circumstances. Immoral behaviour may be lawful, for example, has been considered to be immoral but it is not lawful although it may result in divorce. The most comprehensive discussion of the relationship between law and morality took place in Airedale NHS Trust v Bland. Conclusion: The Social Psychology of Capitalism added theoretical severity has never been a prominent feature of Celebrities work than a continuity of obsessions. Perhaps his main obsession has to do with the erotic poverty of modern urban life. Such opinion and sycophantic ideas are slightly embarrassing Eroticism among the modern bourgeoisie have almost entirely contained in fear. The expressed through filters suppression intimacy is an attempt to solve the public problem by denying that the private exists. The closer people come, the less sociable, the more painful, the more fratricidal their relations. It can only be explained in the larger context of capitalism and secularism "erode the sense of public life as a morally legitimate sphere."17 Media focused more on intimacy rather than morality. The 'natural law school' of thought suggests that 'bad' law either need not be obeyed or is not law at all, whereas the 'positivist' school of thought hold that no matter how bad a law is, or the system by which it is made, if the recognized procedures for law -making have been complied with 'the law is the law' and in legal terms should be obeyed. It is not possible to distinguish law and custom. Hart made a distinction between a habit, which is what people do, and a rule, which is what they should do. A legal system is made up of rules rather that habit. He made a further distinction between what he called primary rules and secondary rules. The primary rules contain the 'minimum content of natural law; in other words, they are the rules that any society must have if it is to survive. Although Hart was a positivist, he nevertheless recognised certain basic rules, which he saw as essential to all societies. He related the need for survival to five human weaknesses: Bibliography: Adorno, T. W. & Horkheimer, M. (1997), Dialectic of Enlightenment, revised ed. Verso: London. Amin, S. (1997), Capitalism in the Age of Globalization: The Management of Contemporary Society, Palgrave Macmillan, London, ISBN-10: 1856494675. Aris P et al. (1987), A History of Private Life Cambridge Mass, Harvard University Press. 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