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Law, Culture, and Activism: An Interview with Lawrence Liang
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0:04
Hello and welcome to the latest
0:05
installment of Being Human from the
0:07
University of Pittsburgh.
0:09
This series is devoted to exploring
0:11
the humanities, their connections to
0:12
other disciplines, and their value
0:14
in the public world.
0:15
I'm Dan Kubis, assistant director of
0:17
the Humanities Center at Pitt.
0:19
My guest today is Lawrence Liang, a
0:20
legal scholar and activist based in
0:22
Bangalore, India.
0:24
For Lawrence Liang, studying law
0:26
means more than studying what
0:27
happens inside a courtroom or a law
0:29
firm.
0:30
"Laws," he says, "are impossible to
0:32
understand without understanding the
0:34
culture from which they grow."
0:36
These connections are clear in
0:37
Liang's work on intellectual
0:38
property law, which combines an
0:40
awareness of contemporary copyright
0:42
issues with an understanding of the
0:43
deep conceptions of identity and
0:45
selfhood from which these issues
0:46
arise.
0:48
Throughout his career, Dr. Liang has
0:50
worked as an activist as well as a
0:51
scholar. In Bangalore, he
0:53
founded the Alternative Law Forum, a
0:55
nonprofit collective that provides
0:57
legal services to various
0:58
marginalized groups.
1:00
He's the co-founder of two
1:01
open-access video archives that make
1:03
annotated footage widely available
1:05
for noncommercial use.
1:06
And he regularly writes and speaks
1:08
about pressing political issues in
1:09
India.
1:11
To put it simply, he's a perfect
1:12
example of what a public
1:13
intellectual in the 21st century
1:15
looks like.
1:16
And I began by asking him about his
1:17
academic training and how it
1:19
prepared him for his work as a
1:20
scholar, lawyer, and activist.
1:25
So my undergraduate training and my
1:27
masters was in law, and
1:29
I trained to be a lawyer, but I
1:30
ended up doing a Ph.D.
1:31
in film studies.
1:33
And I think part of the reason for
1:34
that move was even when I was
1:36
doing law, I approached
1:38
or entered the world of law
1:39
primarily as a lover of literature.
1:42
And so here I was, I mean,
1:43
encountering the world
1:45
of the law, which seemed very
1:46
different from the world of lawyers
1:48
that I encountered in fiction.
1:50
So whether it was through Kafka
1:52
or Dickens, you had a certain image
1:54
of justice or an idea of what
1:56
motivated you to become a lawyer.
1:58
And then, you realize that in the
1:59
study of law, there was no
2:00
connection between the two.
2:02
So to kind of retain my own
2:03
sanity while I was at law school, I
2:05
decided to abandon classes on
2:07
Saturday and ended up doing
2:09
kind of a three years English honors
2:10
program, primarily in modern
2:12
poetry and in comparative
2:14
literature.
2:15
And that was initially a way
2:17
of actually kind of segregating
2:18
between my passion and my
2:20
profession.
2:21
But as I started studying
2:23
them in parallel, I realized that
2:25
the only way to actually do this,
2:26
both in terms of a
2:28
way that was intellectually exciting
2:30
but also one that was kind of truer
2:32
to what my own interests were to
2:33
bring them together rather than keep
2:35
them apart.
2:35
Yeah.
2:36
Well, you have an early essay you
2:38
wrote called Conceptualizing Law and
2:39
Culture, where you talk about the
2:41
way that the two are combined
2:43
and should be combined and how both
2:44
legal studies and humanities
2:47
gain from being in contact with each
2:49
other. Can you talk a little bit
2:50
about what those two areas of study
2:52
gained from that contact.
2:53
In a narrow technical sense, I mean,
2:54
the emergence of the law as some
2:56
kind of an isolated,
2:58
self-contained discipline of
3:00
inquiry is a relatively new
3:02
phenomenon.
3:03
I mean, in a way, the old tradition
3:05
of looking at the law as being very
3:06
much a part of the question of the
3:08
humanities, or more broadly,
3:10
the question of life.
3:13
The important challenge was, okay,
3:15
if one had to think about not of
3:17
legal studies alone but
3:19
of a cultural study of law, which is
3:21
to say that the law is steeped in
3:23
ideas of value. It's steeped in
3:24
ideas of meaning. And how do
3:26
people actually make sense then of
3:27
the legal institutions and of
3:29
institutions of justice, not merely
3:30
in a technical sense but really in a
3:32
cultural sense?
3:33
And that, for me, was what the
3:35
excitement of bringing together, in
3:37
a way, a kind of a cultural studies
3:38
and legal studies together was.
3:40
Sure.
3:41
I wonder, in that same essay, there
3:42
are examples of Indian film stars,
3:44
in particular, the issue of
3:45
publicity rights, that around which
3:47
you were able to kind of talk about
3:50
thinking about culture and law
3:51
together. Can you talk a little bit
3:52
about that kind of the publicity
3:54
rights issue and how those two
3:55
things kind of allow us-- how
3:57
humanities and legal scholarship
3:59
allow us to understand that issue
4:00
more fully.
4:01
So my specialization and my
4:03
kind of professional inclination
4:04
kind of ended up veering towards
4:06
intellectual property law.
4:07
And intellectual property laws is
4:09
nothing if not a kind of
4:11
a legal theory of culture.
4:12
So if you take the domain of
4:13
copyright, I mean, it deals with
4:15
literary works. It deals with
4:16
artistic works.
4:17
It deals with musical works.
4:17
But they don't deal with them merely
4:19
as property, and they don't really
4:21
deal with them as kind of legal
4:23
artifacts.
4:24
They actually have to have an
4:26
aesthetic theory before they have a
4:27
legal theory of what these products
4:28
are about.
4:30
So in that article, I was looking at
4:31
this entire question of the question
4:33
of the relationship between fans,
4:35
appropriation, and who owns
4:37
the identity of a star.
4:39
Now, in the U.S., you have the idea
4:40
of publicity rights where celebrity,
4:43
in a way, own their publicity
4:45
as a commodifiable right.
4:47
This is not a right that actually
4:48
exists in India. And that period of
4:50
time was the time when the right was
4:52
being articulated into
4:54
the provisions of Indian copyright
4:55
law with a whole deal of ambiguity
4:57
and ambivalence about what that
4:59
actually meant.
5:00
And in a culture where fandom
5:02
has been a very crucial aspect
5:04
of political mobilization, the
5:06
implications of granting
5:08
property rights in
5:10
the frame of a star had huge
5:12
implications. And I felt that that
5:14
answer could not come from the law.
5:15
It had to come from a domain
5:17
that understood both the cultural
5:19
dimensions as well as the legal.
5:21
Yeah. Well, I want to ask you one other
5:22
question about
5:24
the particular kind of educational
5:26
background you bring to your work,
5:28
and that is that you freely cite
5:31
French theorists in your work,
5:32
Derrida, Barthes, Foucault, they all
5:34
come up. And I wonder does
5:36
that particular tradition of
5:38
intellectual work contribute
5:40
something valuable to the work
5:42
that you do as a legal scholar and a
5:43
cultural thinker.
5:44
Oh, absolutely.
5:46
When you're dealing with
5:47
intellectual property law and
5:48
dealing with copyright law, you
5:49
suddenly realize the absolute
5:51
centrality of the figure of the
5:52
author. Right?
5:53
So the idea of the romantic genius
5:54
creating something out of nothing is
5:56
so crucial to the mythology
5:58
of copyright law.
6:00
And then, outside of class, your
6:01
reading boxes, declaration
6:03
of the death of the author, or
6:04
Foucault's questioning of the
6:06
function, the author function, etc.
6:09
And you start seeing the
6:10
connections, and you start
6:11
realizing, oh, this is a very kind
6:13
of an important conversation out
6:14
here. And that led me to exploring
6:16
the works of scholars
6:18
like Peter Jaszi here
6:20
and Martha Woodmansee, who is a
6:22
literary historian.
6:23
And they had actually come together
6:24
to create, in a way, a kind of law
6:26
and literature approach to copyright
6:28
law, which was very influential for
6:29
me at that point of time.
6:30
So I feel that there's a certain
6:31
kind of a richness that one can
6:34
bring into one's understanding of
6:35
the technical domains.
6:37
The question is, of course, of
6:38
translation.
6:39
I mean, French, poor
6:41
structural theory doesn't translate
6:42
well into any domain, and
6:44
particularly in the legal domain.
6:47
But scholars like and
6:49
philosophers like Derrida have been
6:50
very crucial in terms of their
6:52
thinking of questions of law as
6:53
well.
6:54
So Derrida's very, very
6:56
influential article on the Mystical
6:58
Foundations of Authority has left
7:00
a lasting imprint on the way that
7:01
people distinguish,
7:03
and importantly so, between the
7:04
legal and claims
7:07
of justice.
7:07
So I think that's been a lasting
7:10
influence on my own work as well.
7:11
Well, I want to follow up on your
7:13
mentioning intellectual property
7:14
because this is one of the things
7:16
that you've written about, one of
7:17
the central things you've written
7:18
about in the law.
7:21
I've read you talking about the
7:23
fact that intellectual property has
7:25
become more urgent in the last 20
7:27
years than ever before.
7:28
Can you talk about what's happened
7:29
in the last 20 years that has made
7:31
that issue as urgent as it is?
7:33
I mean, at a very large kind of a
7:35
structural level, it's the
7:36
transformation in kind of modes
7:39
of production where increasingly,
7:41
I mean, the entire question, for
7:42
example, of value and where
7:44
value accrues from with
7:46
the rise
7:49
in outsourcing, manufacturing
7:51
in two kind of countries with much
7:53
cheaper labor.
7:54
The question of the value that
7:56
arises from the mode of production
7:58
in terms of the actual old-fashioned
8:00
industrial form
8:02
began to take on less kind of
8:04
salience.
8:05
And it really became, in terms of
8:07
the division of labor, where if you
8:08
were, for example, in Nike,
8:10
what is really crucial for you was
8:12
the swish and the brand.
8:14
It wasn't really the actual
8:16
T-shirt or the shoe that
8:18
you produced because that could be
8:18
produced for very cheap. So the
8:20
management of the intangible value
8:23
of commodities took on an important
8:25
salience. And that kind of, in the
8:26
political economy of the world, it
8:27
became really the division between
8:29
the global north and the global
8:30
south.
8:30
And I think that if you take other
8:32
domains, I mean, where it's much
8:33
more a question of life and death,
8:35
the question of access to medicine
8:37
and the high cost of medicines.
8:38
So the pharmaceutical
8:40
companies would claim that you need
8:41
a huge amount of investment, which
8:43
is what justifies stronger patent
8:44
regimes, to ensure
8:46
that there's a return of investment.
8:48
At the same time, if you actually
8:49
look at the political history of
8:51
what's happened, it's really a
8:52
transformation where increasingly
8:54
the amount of money that is spent is
8:56
on marketing and less on research
8:57
and development, etc..
8:59
And what this means at a global
9:00
level in terms of the HIV pandemic
9:02
or the cancer bomb that has burst,
9:04
where intellectual property battles
9:06
are really at the foreground, both
9:08
of questions of life and death, as well as
9:10
of culture.
9:11
Sure.
9:12
Well, one recent case
9:14
that has specifically to do with
9:15
access to knowledge and intellectual
9:16
property is the Delhi University
9:18
photocopy case.
9:19
And you were involved in that.
9:20
I wonder, can you talk a little bit
9:21
about what that case is, the details
9:23
of it? And then, I'm interested in
9:24
hearing your involvement as well.
9:26
So this is a case that will
9:28
be very familiar to
9:30
people in the US because, in many
9:32
ways, you guys had the same battles
9:34
but a couple of decades earlier.
9:35
And it's about the extent
9:37
to which academic material and
9:39
scholarly material can be
9:40
photocopied and circulated in
9:42
classrooms.
9:43
And you can imagine in terms of
9:45
the-- for a country with as sharply
9:47
divided
9:49
in terms of inequality as India is,
9:51
the question of access to learning
9:52
materials is a very crucial one
9:54
to be able to actually exercise your
9:57
fundamental right to education.
9:59
So we were looking at this case as a
10:01
very important test case because it
10:02
was a case that was brought about by
10:05
the leading academic publishers in
10:06
the world - Oxford, Cambridge,
10:08
Taylor & Francis - against a very
10:10
small photocopy shop that operates
10:12
in Delhi University.
10:14
And they were targeted primarily for
10:15
their efficiency.
10:16
This is a photocopy shop that almost
10:18
every student who's studied in Delhi
10:20
relies on to
10:22
access, I mean, books which are
10:23
otherwise absolutely unaffordable.
10:25
I mean, to give you one simple
10:27
example.
10:29
And we cited this fact in
10:30
the courtroom, one particular course
10:33
within a master's program in
10:35
sociology, 22 books prescribed,
10:37
a lot of them, of course,
10:38
exorbitantly priced, the
10:40
total cost of which would be close
10:41
to like $1,500 just for that one
10:43
course.
10:44
One course.
10:44
Which, in the Indian context, is
10:46
absolutely ridiculous.
10:48
So the publishers went to court
10:50
arguing that coursepacks were a
10:51
violation of their rights and a
10:53
violation of copyright.
10:54
We were arguing that fair dealing
10:56
and fair use in India includes
10:58
an educational exception, which
11:00
does not lead on a quantitative
11:01
restriction. It's about the end
11:03
use of the material, and
11:05
if it was for education, then this
11:06
is an exception to copyright law.
11:08
And so, we won that in the Delhi
11:10
High Court before a single judge
11:12
bench. The publishers went on appeal
11:14
to a division bench, which is two
11:15
judges, and we won it there as well.
11:16
We hope that they won't go
11:18
to the Supreme Court.
11:19
It's easy for me, I think, to
11:21
divide this into what
11:23
you working on behalf of
11:25
access to knowledge.
11:26
The publisher is being motivated by
11:28
greed in other things.
11:30
Things
11:34
we don't want, things we don't like.
11:38
What is the best, most charitable
11:41
interpretation of their case
11:43
for why this is something
11:45
that they should continue to appeal
11:46
and fight for that that you can
11:47
muster?
11:48
I mean, to be fair to academic
11:49
publishers, academic publishing
11:51
isn't the most lucrative
11:53
business to be in.
11:55
It is a difficult terrain to operate
11:57
from because the number of sales
11:58
that you're talking about is going
12:00
to be always very, very low.
12:02
But I think it's important for the
12:03
publishers to recognize that
12:05
it's not teachers and students
12:07
who are their greatest enemies.
12:09
They're their greatest allies.
12:11
For us, the argument that we were
12:12
trying to make, which is not just a
12:13
legal argument. It's really an
12:15
ethical argument, which is that
12:17
the only way in which you can ensure
12:19
a market for books is
12:21
by ensuring that there are a larger
12:22
number of readers.
12:23
The only way in which we are going
12:25
to ensure the large number of
12:26
readers is by ensuring that there
12:28
are students who are able to access
12:30
material at a time when
12:31
they are students. They're going to
12:33
be a future market.
12:34
And that, I think, is the larger
12:35
argument, which is important.
12:37
I think it's also important to
12:38
locate this.
12:39
Wouldn't the transformation of the
12:41
academic publishing industry-- way
12:43
earlier, if the model was about a
12:45
low-cost book or a low-price
12:47
book with the hope that this
12:49
would reach a wide market in terms
12:51
of students?
12:53
The transformation has really been
12:54
in terms of de-risking
12:56
by making it into a high-cost,
12:59
low-volume model.
13:00
Right? So you only need to sell to
13:01
institutions like libraries and not
13:03
really to students, which makes
13:05
it much easier for you in terms of
13:07
overall cost, etc., of running the
13:09
business. But that's not the way
13:11
in which you're going to address
13:12
creating a wide pool of readers.
13:15
Yeah. Well, one of the other things
13:17
that I want to ask you about your
13:18
concerns the breadth with which
13:20
you approach intellectual property.
13:23
And I'm thinking, in particular,
13:24
here of the kind of attention that
13:25
you pay to the philosophical
13:27
assumptions about property and about
13:28
selfhood and identity that need to
13:30
be made in order to make
13:32
certain kinds of claims about
13:33
copyright.
13:35
This is, in particular, I'm thinking
13:36
of an essay you have, great title,
13:38
called The Man Who Mistook His Wife
13:39
for a Book.
13:41
Can you talk a little bit about that
13:42
essay and maybe explain the title
13:43
too, and where it comes from?
13:46
So the essay, it is an exploration
13:48
into the question of the
13:48
relationship between property and
13:50
personhood, because obviously
13:52
crucial to the imagination of
13:54
intellectual property is also the
13:55
notion of the self.
13:57
And this comes from the kind of the
13:59
Western liberal tradition,
14:00
particularly in people like John
14:01
Locke.
14:03
And in the essay, I try to point out
14:04
how in Locke, there's a tension
14:05
between the self and the own as
14:08
kind of being interchangeable.
14:10
And in the domain of
14:12
tangible property, and particularly
14:13
in terms of land, this
14:15
was the fulcrum on which a
14:17
philosophy of property
14:19
and identity was actually
14:20
articulated.
14:22
And I was interested in exploring
14:23
what the limits of that when A.
14:24
when you translate this into the
14:26
domain of the intangibles and B.
14:27
when you translate it into a
14:29
non-Western context.
14:30
And the title of the essay is a
14:31
reference to a book that I really
14:33
love, which is Oliver Sacks's The
14:36
Man Who Mistook His Wife for a
14:37
Hat, in which he speaks about this
14:39
particular neurological condition in
14:41
which a person is unable to conceive
14:42
of
14:45
people that he meets in
14:47
terms of their totality of how they
14:49
look. So he constantly keeps
14:51
mistaking them because certain
14:52
elements or features of their face
14:54
get foregrounded, which is why
14:56
he mistakes his wife for a hat.
14:58
And so, I was here looking at the
15:00
question of if one had to equate
15:02
between tangible and intangible
15:04
property as though they were equally
15:05
kind of the same or translatable
15:07
in any easy manner.
15:08
You run the mistake of
15:11
mistaking relationalities for
15:14
relations of property when it comes
15:16
to questions of knowledge.
15:17
And so, what does it mean to make
15:19
the claim that I own a pen
15:21
as opposed to I own a poem?
15:24
Right? So the question of the
15:25
ownership in the former might be an
15:26
exclusive claim, which is that when
15:28
I own the pen, nobody else can use
15:30
the pen. That's the classical kind
15:31
of property argument.
15:33
But when it comes to the question of
15:34
I own a poem, it's also
15:36
about what it means to own up to a
15:38
poem in the sense of a relationality
15:40
that you establish through the poem
15:41
and through that to a wider range
15:43
of people.
15:44
So I was making the argument
15:46
and trying to use the example that
15:48
sometimes, the question of what
15:50
it may mean to claim that
15:52
my pen is my own is way different
15:54
from my brother is my own right.
15:56
So that's the domain where you move
15:58
into relational proximities.
15:59
And when you impose the norms of
16:01
property into knowledge creation,
16:03
you run the mistake of
16:05
mistaking your wife for a book.
16:07
Yeah, yeah.
16:09
Hearing you talk about this reminds
16:11
me, again, of your interest in
16:12
French theory and literary theory in
16:14
general because the focus there on
16:16
relationality and owning up to a
16:17
poem and things like that really
16:18
seem consistent with this interest.
16:21
Well, I want to also ask you about
16:23
another issue that you've written
16:24
about
16:27
throughout your career is free
16:27
speech.
16:28
And recently, in particular,
16:31
because of some events that took
16:32
place in February at Jawaharlal
16:35
Nehru University.
16:36
Can you talk about a little bit of
16:37
what those events were?
16:38
And then also the the questions
16:40
about free speech that were raised
16:42
in India.
16:43
So, in the early part of February,
16:45
there was an event that was
16:46
organized at Jawaharlal Nehru
16:47
University.
16:48
And JNU is one of the leading
16:50
kind of social sciences and
16:51
humanities universities in the
16:53
country with a very strong tradition
16:55
of political opinions
16:57
and of dissent.
16:59
And this was a
17:01
remarkable incident because
17:02
basically what had happened was it
17:03
was an incident that raised
17:05
the question or was challenging
17:07
certain kind of preconceived notions
17:10
of sovereignty and
17:11
self-determination in relation to
17:12
Kashmir, a very, very kind of a
17:14
touchy political issue in India.
17:17
But what the government did was that
17:18
we ended up arresting
17:20
the president of the students union,
17:22
along with a few other students, and
17:24
charging them with sedition.
17:26
It also created a public sphere,
17:28
which became entirely divided
17:30
on the question of sedition and
17:32
anti-nationalism.
17:33
So this kind of created this
17:35
very, very kind of a charged-up
17:37
environment where everyone was
17:39
accused of being anti-national if
17:40
you raise any critical voice against
17:42
the government.
17:44
And so, in that context, I mean,
17:45
a lot of the work that we were doing
17:47
as political activists and as
17:49
lawyers was to actually remind
17:51
people of the rich constitutional
17:53
tradition on freedom of speech and
17:55
expression in the country that
17:57
actually allows and supports a very
17:59
high threshold of
18:01
dissent.
18:02
And why this was under threat in
18:04
terms of - especially if the
18:05
university, which is in some ways
18:07
the last great bastion
18:09
of free speech, was under assault
18:11
- what that might mean
18:13
for a democratic public sphere
18:15
and the dangers that kind of posed.
18:17
Yeah. I mean, you've written a lot
18:18
about the fact that, as you said,
18:21
the Supreme Court in India
18:23
has upheld very high thresholds
18:25
to when it's permissible to
18:27
curtail speech. But that the
18:30
criminal process and police,
18:32
there are other mechanisms
18:34
of curtailing free speech that are
18:35
getting used. And that's what happened
18:36
in this case.
18:37
Absolutely. And increasingly, that's
18:39
what we see happening, where
18:41
it's not so much about whether or
18:42
not you will be prosecuted
18:44
by law.
18:45
The chances of you succeeding
18:47
in a courtroom are extremely high.
18:49
But that doesn't really matter if
18:50
you've already been locked up for
18:51
like two months.
18:52
So the chilling effect arises, in a
18:54
way, from the procedural
18:56
aspects of the law but also from
18:58
the extra kind of legal
19:00
mechanisms of control, which is
19:01
straightforward violence, threats,
19:04
etc..
19:04
And I think that the greatest
19:06
danger, in a way, and threat to
19:07
freedom of speech and expression, I
19:09
think, in India, but also globally,
19:11
is ironically the democratization
19:13
of means
19:15
of communication.
19:16
So if you look, for example, at
19:18
social media.
19:19
And you look at the vast incidents
19:21
of trolling, I mean, this is
19:23
something that as classical kind
19:25
of free speech advocates.
19:25
It's a very difficult one to
19:27
actually reconcile.
19:30
On the one hand, you want to fight
19:31
against any kind of governmental
19:33
curbs on social media, while,
19:35
at the same time, knowing that this
19:37
is not an equal terrain. It's not
19:39
some kind of a domain where everyone
19:40
participates with equality.
19:42
There are well-paid, professionally
19:45
organized bodies of
19:46
trollers who will ensure that only a
19:48
certain kind of public opinion
19:50
gets articulated.
19:51
And, in the US,
19:54
no one understands this very well in
19:55
the context of all the recent
19:56
political developments that you have
19:57
had.
19:59
I wonder, thinking about the
20:01
thinking about the campus climate,
20:03
you spent a lot of time on U.S.
20:05
campuses. You're at Yale currently
20:07
and have been in other places in the
20:08
U.S.
20:09
Can you compare some of the free
20:11
speech issues that you've seen and
20:13
been involved with in India with
20:14
some of the free speech-- free
20:15
speech is an issue here in the U.S.,
20:16
but it's different. The same issues
20:17
aren't at stake. Can you compare the
20:18
two?
20:19
I mean, the place where I was
20:21
most inspired in terms of at
20:23
the time or immediately after
20:25
the JNU was happening.
20:28
I was in Berkeley.
20:30
And Berkeley has been
20:32
a site of incredible resistance,
20:34
and the history of the free speech
20:36
movement in terms of the activism of
20:37
people like [inaudible], etc., has
20:39
been very, very influential for us.
20:42
But I feel like the big difference
20:43
is in terms of a political
20:45
atmosphere that one feels.
20:47
And I think that I'm yet to feel
20:49
that in a way in the U.S.
20:50
Where, I don't know, maybe being an
20:52
outsider, you're not clued into
20:54
what are the weirdest kind of sides
20:56
of political activism and debate
20:58
that's happening.
20:59
But the way in which the electric
21:01
charge that you felt
21:03
when you were at JNU when things
21:04
were unfolding was that everyone
21:06
believed that there was something at
21:07
stake. Right?
21:08
I mean, and everyone was kind of
21:10
participating in it.
21:11
So there were teach-ins that were
21:12
organized with thousands of people
21:14
and thousands of students attending.
21:16
There were rallies. There were
21:17
protests.
21:18
There were rallies that went
21:20
beyond JNU and into the city, where
21:22
15-20,000 students
21:24
rallying in favor of JNU.
21:25
Now, that kind of a charged
21:27
atmosphere I haven't felt or
21:29
experienced here yet.
21:30
I don't know whether there's a
21:31
division of labor between kind of
21:33
the discourse of politics that
21:34
people engage in - of which there is
21:36
a very high standard.
21:37
You encounter that in terms
21:39
of in a very impressive manner.
21:41
But as mobilizing
21:43
and translating from
21:45
kind of theory to action or
21:47
bringing it into praxis together,
21:49
I haven't seen too much of that.
21:50
Yeah. I mean, I'll say, just from my
21:52
point of view, one of the things I
21:54
watched as a lead-up to talking with
21:56
you today was a speech that you gave
21:57
at what's called the alternative
21:59
classrooms on YouTube at JNU.
22:00
And this was in February,
22:03
while the student leader was still
22:05
in jail, I think. I
22:09
sensed exactly what you're talking
22:10
about there, watching from as an
22:11
American and somebody who is very
22:12
familiar with American higher
22:13
education campuses.
22:14
There was some atmosphere that was
22:16
there present in that video that
22:18
wasn't familiar to me.
22:21
In particular, there was one moment
22:23
in that video, and I'll put a
22:25
link to it up on the
22:27
up on the site afterward when they
22:29
put the video here.
22:30
When we put the interview up.
22:32
But you were introduced, you got up,
22:34
and then there was a chant
22:37
that happened. What was that?
22:38
What was happening at that moment?
22:40
So, I mean, the political rallies
22:41
are very much a part of the kind of
22:44
public culture of JNU and
22:46
political speeches
22:49
and kind of
22:51
chanting, etc., is very much a part
22:53
of the lively tradition.
22:54
So the chant that was there was
22:56
about continuing the battle of
22:58
ensuring that we are demanding the
23:00
release of Kanhaiya
23:03
Kumar, of Umar, and the others
23:05
who were in jail and
23:07
slogans against fascism.
23:09
Yeah. I want to ask you about the
23:10
kind of political climate in general
23:12
in India. Has your work with free
23:14
speech and the work in free speech
23:15
in general taken on a greater
23:16
urgency with the particular-- with
23:19
the president and the ruling party
23:20
that's there now?
23:21
I think, of course, the
23:24
present government is a right-wing
23:26
nationalist government.
23:28
And so, a lot of the debates
23:30
have been converted and given
23:31
a charge of kind
23:33
of an affective immediacy on the
23:35
grounds that you're either for us or
23:37
against us, again, terms that you're
23:38
familiar with.
23:39
And all of it hinged around the
23:41
question of patriotism.
23:43
So the Supreme Court,
23:45
recent order has mandated that
23:47
the national anthem has to be played
23:49
in every theater before a
23:51
movie is screened, and it's
23:53
mandatory for everyone to stand up
23:55
when the national anthem is played.
23:56
Now, to my mind, this is
23:57
unprecedented.
23:59
There have been very interesting
24:00
judgments in the past which have
24:02
been about the question
24:05
of is it mandatory for someone to
24:06
stand up when
24:08
the national anthem is played if it
24:09
goes against their political
24:11
convictions. For example, like the
24:14
Jehovah's Witnesses.
24:15
Right? And would that be a conflict
24:17
of interest in terms of your
24:18
personal belief versus
24:20
patriotic
24:23
kind of duties that you have?
24:24
And I think in the past, you would
24:26
never have had a problem answering
24:27
that question in the affirmative in
24:29
terms of the fact that fundamental
24:31
rights, including the right
24:33
to belief, would
24:35
trump any kind of patriotic
24:37
sentiment.
24:38
And that has changed.
24:40
And I think that that's really where
24:42
the question of having
24:44
a thick understanding of
24:45
democracy and having a thick
24:47
understanding of free speech becomes
24:48
so crucial because dissent
24:50
is really what is kind of being
24:53
targeted at the moment.
24:54
And I think that this is, of course,
24:56
certainly a question of the present
24:58
regime, but I would say that it's
24:59
not restricted to them.
25:01
Even the previous regime, which was
25:03
led by the congress, for example,
25:05
were not great allies and friends
25:07
of free speech. I think it's
25:08
important to remember that free
25:09
speech is, in a way, kind of--
25:11
or speaking truth to power
25:13
disturbs any government
25:15
left, right, center.
25:18
But in the case of the right, it
25:19
seems to disturb them a little more.
25:22
Well, speaking about the current
25:24
administration and Narendra Modi,
25:25
the current President-- sorry,
25:27
Prime Minister in India.
25:32
I was reading an article
25:34
in The Atlantic on him, and this is
25:35
from 2009.
25:37
And I want to read you something.
25:38
While he was still-- he was chief
25:39
minister in the state of Gujarat at
25:41
the time.
25:42
And I want to read you this one
25:43
sentence and then just kind of
25:45
ask you about the--
25:47
ask you about it in light of current
25:49
developments in the U.S.
25:50
and India.
25:51
And so this is after Obama was just
25:52
elected. And the sentence is, "While
25:54
Barack Obama may give hope to
25:56
millions in the new century, a
25:57
leader like Modi demonstrates how
25:59
the century can also go very wrong
26:00
when charismatic politicians
26:02
use modern electoral tactics and
26:04
technology to create and exploit
26:05
social divisions and then pursue
26:07
their political and economic goals
26:09
with cold, bureaucratic efficiency."
26:11
So I read that, and I thought on the
26:12
one hand, being wary
26:14
of making easy comparisons
26:16
between big, complex places like
26:18
India and the U.S..
26:19
But on the other hand, that sentence
26:21
jumped out at me because I read it
26:22
recently, and I thought, "Well, this
26:23
could be written about-- it probably
26:24
has been written about Donald Trump
26:25
in the last few months." Can you
26:27
talk about that comparison based
26:29
on this write up of Modi
26:31
from seven years ago?
26:33
I mean, I think it's-- while one has
26:34
always to be a little cautious about
26:36
kind of making cultural
26:37
translations, it's also very
26:39
important to recognize that we live
26:40
in a global moment.
26:42
There is a global trend.
26:44
And the rise of kind of populist
26:46
politics globally
26:48
and not just in India and the U.S.,
26:49
but in Turkey,
26:51
in Japan.
26:53
It's all over the world.
26:55
You need to account for that.
26:56
And I think that what is certainly
26:58
crucial in actually
27:00
what is common to a lot of what's
27:01
happening in different parts of the
27:03
world is a new kind of populism.
27:05
And this is kind of a mediated
27:06
populism that runs
27:09
on the logic of a new
27:11
kind of figure of power.
27:13
So there is increasingly,
27:15
if you look at, for example,
27:16
charismatic leaders, not just
27:18
in terms of, let's say, the prime
27:19
minister or the president here,
27:22
but people who act on their names
27:24
or vicariously enjoy
27:26
a certain sovereignty, especially
27:28
as social media personalities.
27:29
Right? And I think that this is
27:31
really, really crucial because the
27:32
media management of the 2014
27:34
election was very
27:36
crucial in transforming
27:38
what used to be a predominantly
27:39
negative image that
27:41
someone like Narendra Modi had
27:44
to becoming a leader that
27:46
who was oriented towards development
27:47
alone. And I think that that idea
27:49
of understanding the political
27:51
rhetoric is very crucial because
27:53
I think the way that liberal media
27:54
got it so wrong with the Trump
27:56
election was that you don't actually
27:58
pay attention in a close
28:00
manner to the actual
28:02
content of what people
28:05
on the right are saying.
28:06
It may be completely disagreeable to
28:08
you. It may be completely kind
28:10
of unbearable to even listen
28:12
to it. But I think it's very, very
28:13
important to actually engage very
28:15
seriously with the kind of rhetoric
28:17
that they are producing.
28:18
Because I think that, and I hate
28:20
to say this, but what actually
28:21
unified, let's say, Trump's
28:23
campaign, with Modi's campaign,
28:25
with Obama's campaign is, at
28:27
the end of the day, they were about
28:29
a politics of hope.
28:31
You may not have agreed with the
28:33
political vision that each one
28:35
articulated, but they were offering
28:37
you a concrete kind of a political
28:38
vision that was lacking,
28:41
I feel, in the opposition.
28:42
And I think that that's why it's
28:43
important to actually listen
28:45
to the right a lot more.
28:47
Yeah. I see in your work
28:49
a sense of kind of resistance
28:51
to these workings. Not workings
28:53
of government and not just kind of
28:54
like Modi and Trump and figures
28:57
like that. But as you said, there's
28:58
something that actually links them
29:00
with Obama's campaign.
29:01
And I see a different way of
29:02
thinking in your work.
29:04
Can you talk a little bit about how
29:05
with the kind of different
29:06
opportunities for thinking about the
29:08
world that you try to offer in your
29:10
work as a legal scholar and
29:11
as a film critic and all the other
29:13
things that you do?
29:14
I mean, the difficulty is always in
29:16
terms of if you
29:18
are a critical intellectual,
29:20
the demand is always about,
29:22
"Okay, so what is your alternative?"
29:24
It's as
29:26
if you are a
29:28
political opponent in the sense that
29:30
if I am critical of you,
29:33
I want to take power from you.
29:34
No, that's not the role of the
29:36
critical intellectual.
29:37
I mean, the idea of the independent,
29:38
critical intellectual is to be able
29:40
to critique and hear critique
29:42
in the deepest sense of the word,
29:45
which is to actually hold
29:46
accountable any kind of
29:48
government that's in power,
29:50
regardless of their ideological
29:52
leanings. And I think, in a way,
29:54
this may almost sound like an
29:55
anarchic kind of intellectual
29:58
tradition. And I think it's
29:59
important, actually, in the
30:00
contemporary, where it is so
30:01
polarized and so divisive in
30:03
terms of the need to take kind
30:05
of clear stances in terms of where
30:07
you come from - are you from the
30:08
left? Are you from the right? - that
30:10
it becomes very important to
30:11
actually maintain the
30:13
role of the public intellectual
30:15
as really one of the gadfly,
30:17
constantly buzzing
30:19
in the years of sovereignty and
30:20
constantly questioning and speaking,
30:23
or attempting to at least speak
30:24
truth to power.
30:25
Yeah. I mean, the idea
30:27
of kind of thinking about
30:28
alternatives to me reminds me
30:30
of the creation of the Open Content
30:32
Archives. Because it seems like what
30:34
you're doing there is allowing for
30:35
that to happen for other people to
30:36
have access to materials so that
30:38
new ways of thinking-- so that new
30:39
things can be created.
30:40
Can you talk a little bit about
30:41
those archives?
30:42
So as a part of my kind of work in
30:44
intellectual property and my
30:45
collaboration with a whole range of
30:47
other people, there's an artist
30:49
collective called Camp in Bombay.
30:51
There's a group in Berlin called
30:53
Pirate Cinema, and we've been
30:54
working for a long time.
30:56
We created two archives.
30:57
One is Padma, which is a public
30:59
access digital media archive, and
31:00
the other is Indiancine.ma.
31:03
And both of them are basically a
31:04
kind of online open-access
31:06
archives. One that deals
31:08
with the history of Indian cinema in
31:10
terms of the heritage of Indian
31:12
cinema, and the other one that deals
31:13
with kind of more in
31:15
documentary film, but not the
31:17
finished film, but with footage.
31:19
And the idea for us is really that
31:21
in terms of in our time when
31:23
we are producing an astonishing
31:25
amount of images, both in terms
31:27
of still as well as moving images,
31:29
we are producing way too much
31:31
to the point that we cannot consume
31:33
that amount of information
31:35
as images.
31:36
What does it mean to actually create
31:39
a technological platform
31:41
but also a political imagination of
31:43
image-making?
31:45
And for us, the idea of these two
31:46
archives was to slow down the image
31:49
by writing alongside the
31:51
image. So the image is not something
31:52
that you would read as
31:54
progression that kind of passes
31:56
before your eye without you having
31:57
to do anything. But it's so densely
31:59
annotated that you have to pause,
32:02
read, go back to the image, play
32:03
it again.
32:04
So the politics of the archive is
32:06
both in terms of one that's about
32:08
access but also the terms of
32:10
access and about the aesthetics of
32:11
access. So I think it's an attempt
32:13
to bring all three together.
32:14
Sure.
32:15
Well, I also want to talk to you a
32:17
little bit about your most
32:18
recent publication, and that's
32:20
the book Invisible Libraries.
32:23
It's a wonderful book. It was
32:24
recently put on a list of 35
32:26
great books that was by Indian
32:27
authors in 2016.
32:30
It's an unusual book
32:32
in various ways.
32:32
I wonder, can you talk about what
32:34
the book is and the inspiration for
32:35
writing it?
32:37
So this is a collaboration
32:39
between me and
32:42
four other writers.
32:44
All of us, if pushed
32:46
to name one
32:48
attribute of ourselves,
32:50
it would be bibliophiles.
32:51
So we are creatures
32:53
of the book.
32:54
We live for and believe that the
32:57
book is one of the highest
32:58
embodiments of human possibilities
33:00
in terms of thought, imagination,
33:02
ethics, etc..
33:04
And this is a conversation that
33:06
we've had for many years.
33:06
We've constantly reading
33:08
each other's libraries, constantly
33:12
sending book recommendations to each
33:13
other. So this has been a community
33:15
of readers in a way where
33:16
friendships have been forged through
33:19
literary kind of loves.
33:21
So the book is, in a way, kind of
33:23
a coming together of our collective
33:24
interest in terms
33:27
of the world of books and reading,
33:29
but also, as you know,
33:31
our tribute to libraries.
33:33
So it's
33:35
a riff on Italo Calvino's
33:37
Invisible Cities.
33:39
The premise of Invisible Cities was
33:42
Kublai Khan has conquered the world,
33:44
and he enlists the help of Marco
33:45
Polo, who describes to him
33:47
all these wondrous cities that he's
33:49
actually traveled through.
33:51
And it's a beautiful, poetic kind of
33:53
metaphorical and
33:55
fantastical cities.
33:57
But in the book, it turns out that
33:59
even as Marco Polo was describing
34:02
all these wonderful cities, it turns
34:03
out that he's only describing
34:05
different facets of one city.
34:08
It's Venice yeah.
34:08
And we were interested in a similar
34:10
premise. And it's true, Jorge
34:13
Luis Borges, one of
34:14
the greatest writers in the world,
34:17
when he was appointed the
34:18
librarian of Argentina,
34:21
it was the same time that he had
34:22
gone blind.
34:24
So we took that as the
34:26
kind of fictional context
34:28
where Borges invites a whole
34:30
range of people to describe
34:32
the wondrous and the imaginary
34:34
or the fantastical libraries that
34:36
we have visited.
34:38
And they all come back, and they
34:40
describe this to him. But of course,
34:41
what they all are doing is
34:42
describing the potential of a single
34:44
library. So that's the premise of
34:46
the book.
34:47
Well, would you be willing to read
34:48
one or two-- it's a series of
34:50
short passages
34:53
of the descriptions of these
34:55
fantastical descriptions of these
34:56
libraries. Are you willing to read
34:57
one or two of them?
34:58
I'll read the shortest ones, since
35:00
I've mentioned Borges.
35:02
I'll read one where he's kind of
35:03
invoked as well.
35:04
So this is called Fanafilhaq.
35:07
"When the Argentine (quoting,
35:09
perhaps, a Persion who in turn
35:11
was quoting your mind or mine)
35:13
said that paradise was a library, he
35:16
disclosed a limit of human dreaming
35:18
no less clearly than did
35:21
the Greek when he proposed an
35:22
afterlife made up of endless
35:24
philosophical conversation;
35:26
for libraries, like colloquies, are
35:29
hallowed by our need for enchantment
35:31
and instruction, our yearning
35:33
for force and delight, but
35:35
paradise, if it is paradise,
35:37
knows nothing of yearnings or needs.
35:40
And so it is that in the
35:42
Library of Fanafilhaq, which is not
35:44
a library, the only books you will
35:46
find will not be books,
35:48
and it will not be you who finds
35:49
them, and it will not be a finding.
35:52
The Library of Fanafilhaq,
35:54
of which we cannot dream."
35:57
And I'll read you another really
35:59
short one.
36:00
This is called Nakojabad.
36:03
"The Library at Nakojabad
36:05
consists solely of the silence
36:08
that its librarian compels you
36:10
to maintain within its precincts.
36:13
It is no ordinary
36:15
silence."
36:17
Thanks, Lawrence. That's great.
36:18
All of the passages.
36:19
I can't recommend the book highly
36:21
enough. They're really great.
36:22
I mean, it gives you a sense, I
36:23
think, of the possibility that every
36:25
library presents us with
36:27
and is really an inspiring work.
36:30
Thank you, and in a time I think
36:31
when reading is under such assault,
36:35
and this has always been the case in
36:37
the sense that technological
36:39
advancement is always created, in
36:40
a way, a condition of the
36:42
possibilities of distraction.
36:44
But I think that the combination
36:46
of the world of WhatsApp, Facebook,
36:49
Twitter, and the constant
36:50
buzzing on our phones has made
36:53
the task of reading seriously a
36:56
huge challenge. And I'm coming to
36:57
this as a lifelong reader
37:00
who did not have a problem
37:02
earlier immersing myself
37:04
into, let's say, a book and
37:06
being lost in it for 4 to 5
37:08
hours. I can't do that any longer.
37:10
I just feel like I don't have that
37:12
span of attention.
37:13
I mean, I can read for,
37:15
let's say, spans of 20 minutes each,
37:17
and that's kind of becoming shorter
37:19
and shorter. So, in a way, the book
37:21
is also an attempt to work
37:22
through for ourselves
37:24
what the future of reading
37:26
and the future of this object called
37:28
the book might be so.
37:29
Yeah.
37:30
And is that a-- are
37:32
you pessimistic about that and the
37:33
shortening of the time span if you
37:34
look even at your own. Actually, I
37:36
should say I feel similarly when I
37:37
think about my own capacity to
37:39
spend large amounts of time with
37:41
books.
37:42
Do you have an optimistic or
37:43
pessimistic outlook or is it just a
37:45
change without a value?
37:47
If you look at the book, we're
37:48
ambivalent about that because in the
37:49
sense that I'm as
37:51
much a creature of the iPad and the
37:53
Kindle as I am of the book.
37:55
And I love my collection of my
37:57
EPUBs and my PDFs as much as I
37:59
love my physical books.
38:00
There
38:02
is a way in which the physical book
38:03
will never be replaced because
38:05
there's a tangibility in terms of
38:06
its smell, its texture, its heave,
38:09
and we try to address that in terms
38:10
of that at different libraries so
38:12
that it's not just a nostalgic
38:15
lament for the loss of the library
38:17
and for the loss of reading.
38:18
But in a way, taken from what
38:20
Svetlana Boym describes as the
38:21
future of nostalgia.
38:22
For us, the question is not just
38:24
about what uses we
38:26
have of the past, but how many
38:28
one actually projects into the
38:29
future.
38:30
And I think that I am certainly
38:32
concerned about the loss of
38:33
a certain
38:36
immersiveness in terms of a way that
38:37
demanded the totality of your
38:39
attention.
38:40
Because I think that the careful
38:42
attentiveness to life,
38:44
to people, and to their beliefs,
38:46
to what makes them who
38:48
they are, is so crucial, in a way,
38:51
to an ethical imagining of oneself.
38:53
This inattentiveness
38:55
and the inattentiveness that kind of
38:57
becomes at a larger political
38:59
collective level
39:00
and apathy to the lives of
39:02
others is certainly something that
39:04
we should think about.
39:04
But I'm not pessimistic
39:06
about this being a technological
39:08
problem, although I do feel
39:10
that every once in a while, one has
39:12
to withdraw from technology.
39:13
One has to take that break in
39:15
order to be able to go back into
39:18
and understand, in that sense, the
39:19
value of the book as an object
39:21
that cannot be replaced.
39:22
So I think if you believe that it
39:23
can be, we run into serious
39:25
dangers. I mean, the scariest image
39:27
of reading that I've encountered in
39:29
recent times is something called the
39:31
capital F rule.
39:32
And the capital F rule was that,
39:34
given the nature of attention in the
39:35
contemporary, writing
39:38
should be aimed towards
39:40
knowing that the reader is going to
39:41
read the first paragraph in
39:43
its totality.
39:44
He's going to read the middle
39:45
section skimmingly, and he's
39:47
not going to read the end.
39:49
And that's a very scary thought.
39:50
So I think that the idea of slowing
39:52
down reading by returning
39:55
to its roots in terms of the books
39:56
is still a crucial idea to hold on
39:58
to.
39:58
Yeah, well, it's not-- I will say,
39:59
too, it's not a pessimistic book
40:01
for me at all. It's an inspirational
40:03
book. It actually kind of propels
40:05
me to want to spend more time
40:06
in libraries and thinking more about
40:08
what you can gain from books.
40:10
Lawrence Liang, thank you so much
40:11
for joining us.
40:12
Thank you. Pleasure being here.
40:16
Thanks. That's it for this edition of
40:17
Being Human.
40:18
This episode was produced by Matt
40:19
Moret, Undergraduate Media Fellow
40:21
at the University of Pittsburgh.
40:23
Stay tuned next time when my guest
40:24
will be Jane Ward, professor of
40:26
Gender and Sexuality Studies and
40:27
author of Not Gay: Sex Between
40:29
Straight White Men.
40:31
Thanks for listening.
In collections
Being Human Podcast Recordings
Order Reproduction
Title
Law, Culture, and Activism: An Interview with Lawrence Liang
Contributor
University of Pittsburgh (depositor)
Liang, Lawrence (interviewee)
Kubis, Dan (interviewer)
Date
March 3, 2017
Identifier
20230127-beinghuman-0017
Description
An interview with Lawrence Liang, legal scholar and activist based in Bangalore, India. The interview focuses on Liang's work as a lawyer and activist, particularly the way he brings his background as a scholar of literature and film to bear on his work. The speech that Dr. Liang gave at the JNU Alternative Classroom, and which we discuss at 21:51, can be seen on YouTube.
Extent
41 minutes
Publisher
University of Pittsburgh. Department of English
Type
sound recording-nonmusical
Genre
interviews
Subject
Lawyers
Political activists
Literature--Social aspects
Motion pictures--Social aspects
Source
Being Human
Language
eng
Collection
Being Human Podcast Recordings
Contributor
University of Pittsburgh
Rights Information
In Copyright. This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s).. Rights Holder: University of Pittsburgh
http://rightsstatements.org/vocab/InC/1.0/
Rights Holder
University of Pittsburgh
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