Author: Ophelia Benson

  • UCLA Conference on Political Hinduism

    To find out how Hindutva and Hindu militancy affect Hinduism in practice.

  • Terry Eagleton Reviews Russell Jacoby

    Jacoby wants utopian thought that ‘pines for the future but does not map it out.’

  • We expect that Ontario should do the same

    TORONTO, Canada – “We are very pleased, and to be honest it’s a cause for celebration when we heard that Quebec has upheld human rights for all its citizens… we expect that Ontario should do the same”, said Homa Arjomand, Coordinator of the International Campaign Against Sharia Court in Canada.

    “Quebec has taken a brave, bold and necessary step, a step that assures all Quebecers will now enjoy not only fair and equal treatment under the law, but also the right to be governed by the same laws as other Canadians.” said Ms. Arjomand.

    This decision was a positive move towards elimination of interference of religion in the justice system.

    We thank all progressive organizations and individuals that supported us and made this victory possible.

    “It is still concerning when we hear Premier McGuinty say ‘We will not be unduly influenced by …our provincial counterparts…We’ll be making a decision here that’s in keeping with the values and aspirations of the people of Ontario.’ Is Premeir McGuinty suggesting that the values and human rights in Quebec are different from the values and human rights in Ontario? If that is truly the case, how is it so different? We believe the Canadian Charter of Rights and Freedoms is the standard to guide all our decisions on these legal matters.

    We also disagree with the findings of the Boyd report and in particular with her recommendation number 2, found on page 133:

    “The Arbitration Act should continue to allow disputes to be arbitrated using religious law, if the safeguards currently prescribed and recommended by this Review are observed.”

    Allowing religious laws to settle family legal matters, only serves to exclude some people from the privileges and benefits of the Canadian legal system. We believe one law should apply to all.”

    Once again Ms. Arjomand calls upon the Liberal government to abandon its support of private religious courts/ faith based arbitrations.

    Homa Arjomand is the co-ordinator of No Sharia. She can be reached at
    homawpi@rogers.com

  • Clive James Reads John Bayley, Takes Many Notes

    Either this will be a 40,000-word review, or there will have to be a winnowing.

  • Creationism: God’s Gift to the Ignorant

    Deceitful misquoting of scientists to suit anti-scientific agenda bad habit of fundamentalist authors.

  • Someone Has Finally Noticed

    Hitchens is one of the best literary and cultural critics around.

  • A Review

    Back from Folklife. It’s a hot day for it! And Folklife when it’s hot can be a little much. Crowded, not much shade, crowded, all those stupid teenage abdomens poking out, crowded, and hot. But it was fun. We got lucky and happened on a terrific group – the North Shore Celtic Ensemble – along with a shady spot to stand, so that made the afternoon. Some African drumming, some shanties, and that was enough. If it had been cooler I would have hunted for some Inca music and maybe a little Bulgarian dancing, but this was good.

    Another item. I’m slowly catching up…

    There’s an excellent archaeology site that has a great review of the Dictionary. He so thoroughly sees the point…

    I became quite depressed while taking my MPhil in Archaeology. I was being taught philosophy. By archaeologists. I’m not an expert on Philosophy but I’m willing to bet that with three years for a BA, and another 3+1 for the MA and PhD, there’s a bit more to Philosophy than using long words. Sorry, deploying extensive lexical structures within a textual context. I also suspect that a background in Philosophy would help in teaching it, but I’m open to being corrected by those who know better.

    Ain’t it the truth. What else have we been gently hinting to Judith Halberstam – but will she listen? I seriously doubt it.

    It’s not that it skewers a clique I find offensive that makes me like this book. There are lots of people willing to criticise post-modernism especially among people who haven’t read the original texts. A lot of ‘criticisms’ are knee-jerk anti-intellectualism. The difference is that Benson and Stangroom have read what is being said and understand it. Which is more than the authors of post-modern articles do. Except as Benson and Stangroom point out, authors don’t really exist.

    Which is why postmodernists never put their names on their books, or collect royalties, or accept promotion or tenure, or assign their books to their students. Yep.

    I think I’ll find it useful if I give a paper at the Theoretical Archaeology Group conference this year. I may well cite some of the definitions deadpan. They should pass through without firing a neuron of doubt in a section of the audience.

    Now that makes my little red eyes well up. He thinks he might find it useful at a Theoretical conference. I’ve seldom been so flattered. Sic ’em, Alun!

  • A Better Grasp

    I suppose this is just over-simplified for a mass audience? Or perhaps the editor simplified it? Because it is a tad misleading. A classic example of what Susan Haack calls the passes-for fallacy.

    But for many contemporary academics, especially those who bought into postmodern theory in the last few decades, the idea of the “real” raises serious problems. Reality depends on those who are perceiving it, on social forces that have conditioned their thinking, and on whoever controls the flow of information that influences them…Both sides have a point here. No one could survive for a day if he or she really tried to live by the relentless relativism and skepticism preached by postmodernists, in which everything is shadowed by uncertainty or exposed as ideology. But it is also true that the media revolutions of the last century, while they hugely expanded our access to knowledge, created far more effective tools by which that knowledge could be manipulated.

    But reality is one thing, and knowledge is another; reality is one thing, and our perception of it is another. Yes, of course, the mass media have created immense new possibilities for manipulation, distortion, opinion-shaping, subtle influencing, and so on; and that’s a hugely important fact; I’ve been obsessed with it myself for years; my shelves groan with the weight of books on PR, advertising, the media, and related subjects; but – but that does not mean that the mass media have done something to reality in general. They’ve done a lot to various particular realities, such as the popular understanding of a lot of things; but much of reality itself is impervious to media manipulations.

    Which is not to say that there are no serious problems with ‘the idea of the “real”‘ – but that passage doesn’t state them very clearly. It conflates a problem with knowledge with a problem with the idea of the real. I’m sure Dickstein is well aware of that – probably the editor made him simplify for the purposes of a newspaper piece. But that just creates another problem of knowledge…Ironic, isn’t it. But I kind of like his last paragraph. It’s not unlike the way we end Why Truth Matters.

    This is how most readers have always read novels, not simply for escape, and certainly not mainly for art, but to get a better grasp of the world around them and the world inside them. Now that the overload of theory, like a mental fog, has begun to lift, perhaps professional readers will catch up with them.

    That’s it, you see. I think we all (or almost all) want a better grasp of the world around us and the world inside us. We also want things that fight with that – consolation, hope, relief – but we want that too. It’s a desire that ought not to be sneered at or patronized or called unsophisticated. It’s the most sophisticated thing about us.

  • No Passports?

    Is this true? It probably is – why haven’t I thought of it before? I don’t know. It was certainly much-mentioned (and worth mentioning) that Bush had hardly been anywhere outside the Texas-Connecticut-Maine circuit when he first ran for Leaderofthelastgreatsuperpower – but what about those legislators. It seems slightly incredible on the face of it, if only because we know some of them go on fact-finding missions and the like. It was a Congressional Representative who was murdered on the airport tarmac in Jonestown in 1978, the incident that set off the Kool-aid mass murder-suicide. It was on an international trip that Newt Gingrich had his notorious snit about having to sit in the back of the plane (or was it the toilet, or the baggage compartment) and therefore he wasn’t going to make nice with the horrible Democrats. Surely they do leave US soil now and then…don’t they? But maybe most of them don’t – which is an alarming thought. Does anyone know if this is true?

    Perhaps we should extend the Fulbright program to Congress. Most senators and representatives have never traveled outside the United States. Most do not have passports. Those facts are unsettling, given the dominance of the United States in world affairs. If our representatives lived and studied abroad for a few months before taking office, it would expose them to the world’s complexity. It might humble us.

    The whole article is worth a read.

    “About Britain,” wrote the Trinidadian critic C.L.R. James in his beautiful book Beyond a Boundary, “I was a strange compound of knowledge and ignorance.” That expresses well the apprehension, in both senses, of an intellectual transported to another land. To leave the familiar behind and enter into the foreign (not for a week or two but to live, to work) can be disorienting…A Fulbright grant, like the changing of seasons, has the appearance of being about environment or geography but is just as much about consciousness. A Fulbright is an experience of the mind. It causes one to rethink oneself and one’s country while puzzling out another.

    Yes, and one recommends it to would-be legislators and – dare I say it? – presidents. Parochialism is not a political virtue.

  • Discovery Institute Has a New Rival

    reDiscovery Institute teaches all the controversies, every one.

  • The Internationalism of the Fulbright Grant

    ‘Perhaps we should extend the Fulbright program to Congress.’

  • Morris Dickstein on the Return of Realism

    In the end, people do want to understand the real world around them.

  • Human Rights Watch Calls on Egypt to Investigate

    Group says security officers beat protesters during vote on partial electoral reform.

  • Demonstrations Over ‘Koran Abuse’

    Some in places where woman abuse goes unprotested.

  • Not Again

    I said I wanted to make a noise about the Fallaci matter – but perhaps there’s no point. You know perfectly well what I’m going to say. And what else is there to say? But – well, but tiny water drops can wear away a stone, or something, so we might as well keep making a noise even if it is a predictable noise.

    Controversial Italian journalist Oriana Fallaci is to face trial for allegedly insulting the Muslim faith in her latest book, a court in Italy says…Italian preliminary investigative judge Armando Grasso ordered the formulation of charges against the author, saying the book had expressions which were “unequivocally offensive to Islam”.

    Okay. It’s all too obvious, but I’ll say it anyway. So what? So what if the book does have expressions which are ‘offensive to Islam’? What does that even mean anyway? Is Islam a person, can Islam be offended? And even if it did mean something, so what. Substitute a wide variety of other abstract nouns for ‘Islam’ in that sentence and see how absurd it sounds. The book has expressions which are offensive to: Socialism, libertarianism, psychology, stamp-collecting, bird-watching, football, sculpture, hairdressing, fashion, advertising, public relations, political science, marketing, philosophy, science fiction. If some blank-eyed buttonholer on the street offered you that sentence you would shrug and walk on; if a judge offered it you would assume you were sound asleep and having a surrealistic dream.

    Expressions that are offensive to someone or other are what books have. That’s just how it is. Unless they’re books of train timetables, or telephone numbers, or possibly recipes (though that’s tricky), then they will inevitably have expressions that not everyone will agree with, and therefore can be construed by the chronically indignant as ‘offensive.’ What’s the alternative? That all books should contain nothing but sentences of the formula ‘___ is good’? Would you want to read such a book? Would you want to live in such a mind, would you want to talk to anyone in such a world? No. Not unless you’re a pod you wouldn’t.

    Stefania Prestigiacomo, Italy’s Minister for Equal Opportunity, has it right.

    Our country is becoming a disquieting one if freedom of speech can be condemned or punished. Reading that someone wants to try Oriana Fallaci because of her ideas makes me think of a sort of lay ‘fatwa’, such as the one which has been forcing Salman Rushdie to hide for years now. Are we really reaching the stage where Ms Fallaci’s ideas are to be considered illegal?

    Let’s hope not. Let’s really earnestly hope that we’re all not reaching the stage where criticism of Islam or any religion is to be considered illegal and hauled into court. But who knows. I’m not a bit sure some people who ought to mind the idea, would mind the idea. I heard Lisa Jardine on Start the Week last week rebuke Andrew Marr – ‘there was a note in your voice,’ she told him sharply – for suggesting that there could be anything about Islam in particular that was in tension with democracy. It is Forbidden to say that, Jardine told the world. It is simply Not Permissable to criticise Islam specifically, to say that Islam has its own particular faults that are different from the faults of the other monotheisms. Well – that’s an incredibly stupid thing to say. Lisa Jardine isn’t stupid, but that’s a stupid thing to say. Why is it ruled out in advance that Islam has no faults of its own? For political reasons, obviously. Well-meaning ones, no doubt – to try to shield Muslims from hatred – but epistemically absurd. And the Jardine move is pretty much the same as the Grasso move, and it all amounts to: It is Strictly Forbidden to Criticise Islam. Period.

    Can we have a referendum on that first? The AUT got to vote, the American Anthropological Association voted on the Darkness at El Dorado referendum; can we vote on this No Criticism Allowed rule before it goes into effect? Mind you, maybe it would pass. If so, whole libraries are for the bonfire.

  • Historicize That Artifact!

    I was going to scribble something about the Oriana Fallaci matter, but I think I need to do something else first. (Now that The Book is finished and thrown out of the house to make its own way, I’ll have more time to chatter here again. Writing books terrible interference with pressing need to chatter and babble and rant. Must never write book again, because of deep need to babble. Make note to self.) There’s this fairly hilarious review in the TLS of a fanciful history of barbed wire.

    For Netz, the raising of cattle is not about producing meat and hides from lands usually too marginal to yield arable crops, but rather an expression of the urge to exercise power…While that is the acquisitive purpose of barbed wire, for Professor Netz it is equally – and perhaps even more – a perversely disinterested expression of the urge to inflict pain…I had always thought that we brand our cattle because they cannot carry notarized title deeds anymore than they can read off-limits signs…By this point in the text some trivial errors occur, readily explained by a brilliantly distinguished academic career that has understandably precluded much personal experience in handling cattle.

    And so on. And it’s obvious what the next move is, and the reviewer does not fail to make it. It’s another ‘Hey kids!’ move – Hey kids! let’s all do that!

    Enough of the text has been quoted to identify the highly successful procedures employed by Reviel Netz, which can easily be imitated – and perhaps should be by as many authors as possible, to finally explode the entire genre. First, take an artefact, anything at all…Take something seemingly innocuous, say shoelaces. Explore the inherent if studiously unacknowledged ulterior purposes of that “grim” artefact within “the structures of power and violence”. Shoelaces after all perfectly express the Euro-American urge to bind, control, constrain and yes, painfully constrict…That finally unmasks shoelaces for what they really are – not primarily a way of keeping shoes from falling off one’s feet, but instruments of pain…the British could hardly have rounded up Boer wives and children without shoelaces to keep their boots on…

    I’ll bite. Let’s see… how about drinking vessels. Cups, glasses, mugs. They’re about power, because they control and repress and constrain the liquid, they confine it within boundaries and borders, they fence it in, they prevent its free creative wandering, they harness its energies to the service of (white, Western, male, Orientalist) human wishes. They are commodified and reified, alienated and consumerist. And cruel. They torture the liquid, you see, by penning it in and channeling its libido, by disciplining and punishing it; by taking it away from its parents or children, and by boiling it or chilling it or freezing it. They are an obvious symptom and outgrowth of rationalism and the Enlightenment project, of science and totalizing narratives, of positivism and phallocentrism. They are phallic symbols themselves, though they are also female genital symbols, which is highly tricky and deceptive. And they’re insidiously Eurocentric and hegemonic because they forbid the delightful free Arcadian way of drinking everything from a curved hand, symbol of community and love, replacing it with the rigid geometrical calculus-riddled shape of the dreaded Cup.

    Your turn. Another B&W game or contest. Let’s play Deconstruct/Demystify/Problematize the Artifact.

  • Separation of god & science

    In January 2005 David Bell, a School Inspector, delivered a speech which was published in The Guardian about the rise in the number of religious schools in the UK. His comments have raised opposition by the Institute of Islamic Organisations in the UK. This interview aired on TV International. Bahram Soroush hosted the programme whilst Maryam Namazie was away.

    Bahram Soroush: You may have heard statements by David Bell and also the response by the Institute of Islamic Organisations in the UK. They have said he is picking on Islamic schools. Do you think this is discrimination?

    Azar Majedi: No I don’t. Actually my position is to ban all religious schools. I think education must be separate from religion and the church. It is a positive move to investigate faith schools, from a children’s rights point of view. It is of no surprise to me that they have found shortcomings in Islamic schools. I think it will probably be more or less the same with other religious schools. But perhaps other religious schools try to follow the national curriculum and standards more. Islamic schools are more into religious teachings than the regular curriculum.

    Bahram Soroush: So you feel that religious schools altogether across the board should be banned?

    Azar Majedi: Yes. They must be banned and education must be separated from religion and the church. Universal laws and standards are the basis of a civil society that respects human rights and the equality of all the citizens. Separation of religion from the state and education is the basis of a secular society, where free thinking is respected and encouraged. Religion, in my opinion, is permeated with superstition and contradicts the scientific achievements of humanity. For all these reasons religious schools must be banned.

    Furthermore, all religions are patriarchal and sexist. As it regards Islam, it is well-known for its sexist codes and rules. This is so because Islam has not historically been challenged or reformed, as it is the case with Christianity. The development of capitalism in the west resulted in significant social upheavals, of which the French revolution is the most influential. These upheavals challenged Christianity in different aspects and reduced its grip on the society and polished its most crude prejudices. When it comes to gender issues and sexual equality, religion has a negative effect.

    Religious schools, not only do not promote sexual equality, they reinforce sexism and encourage a sexual division of labour and differential gender roles. Islamic schools are segregated and promote totally different roles for girls in society and restrict girls from many activities. Finally, these schools are more a place for indoctrination than scientific teachings. By allowing religious schools to function, we are discriminating against a section of society, and we are setting double standards.

    Bahram Soroush: In that case what do say to this argument that we should look after children’s and pupils’ religious needs and that is why we have faith schools?

    Azar Majedi: I don’t believe children have any religious needs. When it is talked about children’s religious needs, it actually means their parents’ need to indoctrinate their children. “Children have no religion”; they happen to be born in a family with a particular religion. I believe there should be no official religious teachings to children. Once they become of age, then they can decide whether they like to pursue a particular faith or not. I strongly believe that religious teaching to children is indoctrination, like exposing them to any particular ideology. Therefore, it must be banned. It is fine to teach them the history of ideas, the history of religion but teaching religion as such should be prohibited.

    Bahram Soroush: Somebody made a comment in the recent controversy that if you have children who are in a religious family and when they go to school, they go to a religious school, and they come back to a religious family. So 24 hours a day they are confronted by religion.

    Azar Majedi: I think this is a very good and valid point. This refers to a sad reality of a life of indoctrination which is imposed on some children. I believe this must be stopped. This is wrong both from the child’s point of view and society’s point of view. To deprive a child of a normal happy life and normal education has become integrated in the society as a way of life. It is wrong to do that. They should be integrated with other children in the society as citizens, with children of all backgrounds. I understand that there are families with different religions and cultures.

    However, these religions and cultures must not be imposed on the children. In societies today, children are exposed to all kinds of religions and cultures. They should be given the right of choice. Once they reach adulthood, they can choose. And in any circumstance, education must be secular and based on the latest scientific achievements. Children should be free from religious brain washing and teachings and preaching.

    The effect of non-secular, religious and segregated education is very destructive on the society as a whole, and on our children’s happy, normal life, and upbringing.

    As we can see even a school inspector has come to recognise this fact. Of course this criticism is not radical enough (probably they have stronger criticisms themselves). It is carefully worded as not to “offend” any religious groups. But with a bit of insight one can recognise the severity of the problem. I am more concerned about the lot of these children. They are being deprived. Their basic rights are being violated. We cannot sit and watch. We should take action to defend the rights of these children to a happy, normal life, to safeguard their equal access to the world’s scientific achievements, to free-thinking, and safeguard their integration into the society, with all other children.

    Bahram Soroush: In a sense these children are being sent to the religious schools by their parents and are being denied the same rights as the children who attend the mainstream schools. What is your view on that?

    Azar Majedi: Yes that is true. Mansoor Hekmat has a very interesting and provoking statement regarding this issue and I have quoted it in many of my speeches and articles: “The child has no religion, tradition, and prejudices. She has not joined any religious sect. She is a new human being who, by accident and irrespective of her will has been born into a family with specific religion, tradition, and prejudices. It is indeed the task of society to neutralise the negative effects of this blind lottery.

    Society is duty-bound to provide fair and equal living conditions for children, their growth and development, and their active participation in social life. Anybody who should try to block the normal social life of a child, exactly like those, who would want to physically violate a child according to their own culture, religion, or personal or collective complexes, should be confronted with the firm barrier of the law and the serious reaction of society.”

    I believe the position is very clear. We should have the interest of the child before us. Providing a happy, normal life for any child, and the creation of a harmonic society on the basis of secularism i.e. separation of religion from the state, are the right principle and the basis of a right and just position. Respect for multi-culturalism and cultural relativism leads to discrimination against some sections of the society, violations of human rights for some sections, double standards, and the creation of a disintegrated and segregated society, where people are put into different pigeon boxes and identified by their cultural or religious backgrounds, instead of as equal citizens.

    Diversity is fine but creating boxes and stamping people’s foreheads with their religion or their family’s or community’s religion is wrong. Furthermore, children are not given proper scientific education in these faith schools. They are given a one-sided education which is more based on superstition than science. Thus a normal life is denied from them.

    We then come to the question of gender and sexual equality. Faith schools in general, and Islamic and Jewish schools in particular are based on sexist values and beliefs. In all religious schools there is a very definite defined gender role. Girls are considered as a whole different kind of human being than boys. There you have gender apartheid and segregation which is very discriminatory against girls and women. We have a long history of fighting for women’s rights in Europe. Especially the gender roles have been challenged significantly in the past 30 years in Western Europe. The religious schools deny that and contradict society’s achievements. They turn the clock backward. We should not let this happen. Bringing up children in religious schools is wrong and has to be banned.

    Bahram Soroush: Some might say fair enough, you want secular education, that children should be left alone until they reach the age of maturity, until they are 16, and then they can decide what religion to have or what not to have. But they also say, what about the rights of the parents? Don’t they have any rights and responsibilities towards raising their children? Aren’t you excluding them of their rights?

    Azar Majedi: No, I am not excluding any one of their rights. Parents definitely have a responsibility towards their children. They also have some rights. These rights and responsibilities must be defined by the society as a set of universal laws. Parents are responsible to provide their children, in the framework of their means, with a happy, normal and safe life. They must provide their children with love, security and safety. But this does not mean that if a child is born in a poor or disadvantaged family, the society will leave the child to have only what the parents are capable of providing. Society has a duty toward the well being of the child. That is why there are internationally recognised charters and declarations to safeguard and protect children. Modern society has recognised the need for such laws.

    That is why every civilised society has laws regarding obligatory education, prohibition of child labour, criminalising physical and sexual abuse of a child and so on. By passing such laws, the society has taken the matters in its own hand out of the parents’ realm of rights. We are not living in a feudal system where the parents – actually the father – decide over the whole family’s existence. For example, according to Islamic laws, a father or a grandfather can kill his children without being prosecuted. This is a law in some countries. Modern, civil society has abolished this right.

    I want to say rights are not absolute and ahistorical. Each society must define these laws according to the well being of children and in light of children’s interests. In my opinion, indoctrination of children is one of those so-called rights that must be taken away from parents. Education must be standardised and universal for every child in a given society.

    What I am trying to say is that there is a responsibility by the society towards children as much as there is parents’ responsibility towards children. That happy, normal and secure life that I was talking about is partly society’s responsibility in all aspects: economically and education wise. The society will not leave it to the parents just because the children are born in a particular family to teach them whatever they want and brain wash them with superstition. There is actually a law and a limited safeguard that the society offers to children if the parents are abusive. Society would intervene and take the child’s side.

    I think abuse is understood as merely sexual or physical and verbal violence whereas indoctrination and brain washing of children with superstition and prejudgments must also be recognised as abuse. Inflicting or imposing religious or cultural customs upon children that hinder healthy physical and mental development must be considered as abuse. I consider child veiling as a serious violation of children rights. In the same token, sending children to religious schools is a serious violation of their rights.

    Bahram Soroush: It particularly affects the girls. Doesn’t it?

    Azar Majedi: It does. Religion by its nature and as an ideology is very much sexist and male chauvinist. Christianity has been challenged in the 18 and 19th century, from the French revolution to the transformation of the European society from a feudal society to a capitalist system. It has been pushed back in the society and is more or less behaving itself. Islam however, has not gone through the same process. Islam has never been dealt with like this in the societies that it was born in. Islam has never been challenged in this way, has never been pushed back from the society.

    Moreover, for the past 3 decades a political movement has been born and developed, which takes its ideology and policy from Islam and is very reactionary, i.e. political Islam. This movement is not only religious but also political. We can see what political Islam is doing, gaining more and more inroads in western society as well. We know Islam’s record, what Islam says; it is written black on white and we know how male chauvinistic and sexist it is. Gender apartheid is the basis of Islam. The veiling of children and many other abuses should be stopped. If you expose a girl or even a boy to that culture and education, you are actually depriving these children of a humane life, especially the girls. Islamic schools must be stopped because this gender discrimination is embedded in Islam.

    Azar Majedi is the head of the Organisation of Women’s Liberation.

  • Oriana Fallaci Sued for ‘Insulting’ Islam

    Judge allowed charges; book has expressions ‘unequivocally offensive to Islam.’

  • Italian Law Prohibits ‘Outrage to Religion’

    ‘Some of the things she said are offensive to Islam’ so she has to stand trial.

  • Minister for Equal Opportunities is Disquieted

    ‘Are we really reaching the stage where Ms Fallaci’s ideas are to be considered illegal?’