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Ways of Seeing in The Neoliberal State A Controversial Play and Its Contexts 1St Edition Asbjorn Skarsvag Gronstad All Chapter
Ways of Seeing in The Neoliberal State A Controversial Play and Its Contexts 1St Edition Asbjorn Skarsvag Gronstad All Chapter
Ways of Seeing
in the Neoliberal State
A Controversial Play and Its Contexts
Asbjørn Skarsvåg Grønstad
University of Bergen
Bergen, Norway
This Palgrave Macmillan imprint is published by the registered company Springer Nature
Switzerland AG
The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
It is at the same time true that the world is what we see and that,
nonetheless, we must learn to see it (Maurice Merleau-Ponty).1
1 Maurice Merleau-Ponty, The Visible and the Invisible [1964], Evanston: Northwestern
University Press, 1968, 4.
Acknowledgments
The kernel of this book dates from a paper that I gave at “The Ethics
of Surveillance” seminar in Paris in late November 2019. I would like
to extend my gratitude to our gracious hosts at the Centre Universi-
taire de Norvège à Paris, Johs. Hjellbrekke and Kirstin Skjelstad, for their
incomparable hospitality. I would also like to thank the participants for
their knowledgeable feedback and generous contributions to the work-
shop as a whole, in no particular order: Clare Birchall, Emmeline Taylor,
Henrik Gustafsson, Anders Lysne, Tonje Sørensen, Kristine Jørgensen,
Tuva Mossin, Astrid Gynnild, and Øyvind Vågnes. I first saw the play
Ways of Seeing at the Bergen International Festival in late May 2019,
and I knew right away that it would be a research project. Too rich
and multilayered to be dealt with in an article format, the play seemed
quite a suitable project for Palgrave’s Pivot series. I would like to thank
commissioning editor Eileen Srebernik for her excellent stewardship of
the process. Thanks are also due to the anonymous reviewers of the
manuscript, for their generous and astute suggestions. In early June 2020,
Pia Roll and Hanan Benammar sat down with me for a whole Oslo after-
noon to be interviewed about Ways of Seeing; my warmest appreciations
to both for taking time to discuss the play so exhaustively with me. I
wrote the bulk of this book between November 2020 and April 2021. I
would like to thank the Faculty of Social Sciences and the Department of
vii
viii ACKNOWLEDGMENTS
Epilogue 109
Index 111
ix
CHAPTER 1
How could a small, independent theater in Oslo trigger the ousting of the
country’s minister of justice, as well as being the root cause of a substan-
tial court case spanning several months and featuring fifty witnesses?
While remarkable in themselves, these events constitute merely a point
of departure for the current book, which offers an in-depth examina-
tion of the complex issues that the play Ways of Seeing raises around the
subjects of surveillance, neoliberalism, xenophobia, and the rise of right-
wing nationalism. In three individual but interconnected chapters, Ways
of Seeing in the Neoliberal State asks both what practices of looking are
emerging in western democracies, and what alternative modes of looking
might facilitate an exposure of such practices and gesture toward ethically
healthier forms of government. Perceived as a deeply controversial work,
Ways of Seeing was the target of suppressive political measures, and so
the book also considers questions of aesthetic transgression, censorship,
and artistic freedom. What the play foregrounds are, first, the aesthetics
of sousveillance (of which more below), second, the visualization of the
material infrastructure of racism and right-wing populism, and third, the
promotion of an alternative mode of political governance—grounded in
feminism and ecological awareness—through the example of the Rojava
experiment.
In December 2018, a woman named Laila Anita Bertheussen reported
three theater workers to the police for violation of privacy. A few months
later, in March 2019, the Oslo police issued similar charges against the
same individuals, as well as the manager of the Black Box Theatre.1 At
the center of these events was the aforementioned play, whose opening on
November 21, 2018 immediately caused a degree of turbulence among
the public and in the media rarely if ever seen in the art sphere in Norway.
The play quickly acquired notoriety for containing footage of the resi-
dences of a number of influential politicians and financial contributors—in
short, the nation’s economic and political elite. The public reception of
1 Those accused were the actors Hanan Benammar and Sara Baban, as well as the play’s
director, Pia Maria Roll. After the original charges were dismissed, the District Attorney
demanded in February 2019 that the investigation be reopened.
1 INTRODUCTION: THE PUBLIC CONFRONTS OTHER WAYS OF SEEING 3
Ways of Seeing was immersed in drama, complete with baroque twists and
turns that at times seemed to surpass those of a conventional fictional
narrative. The pinnacle of all the brouhaha came on March 28, 2019,
when the National Police Security Service (NPSS) charged Bertheussen
with several counts of vandalism against her own home. By that time,
almost four months after the play premiered, the public had been made
to believe that the defacement of the property was a corollary of the
play’s use of the house front as an integral part of its scenographic design.
“Outing” the home of Bertheussen in the context of a critique of racism,
most people assumed, was an incitement to do violence against it. The
occupant of this particular address was Tor Mikkel Wara, a well-known
politician from the Progress Party who at the time was Minister of Justice
and Immigration in Prime Minister Erna Solberg’s conservative govern-
ment. He is also Bertheussen’s life partner, and on the same day that she
was accused of the crime, he resigned from his post (the 5th Minister of
Justice in this particular government to do so). In the fall of 2019, the
NPSS confirmed that their charges had been forwarded to the National
Prosecuting Authority (NPA). Bertheussen stands accused of violation
of article 115 of the Penal Code—assault on the country’s democratic
institutions. Her case went to trial in September 2020, and on January
15, 2021, she was sentenced to 20 months in prison for attack on the
country’s democratic institutions.
Founded in 1985, The Black Box Theatre programs and co-produces
contemporary and experimental work by domestic as well as international
companies. Its two stages combined have a capacity of 280 seats. After
it opened in late November 2018, Ways of Seeing was on for about a
week and a half. So how did such a small institution become the cata-
lyst for so much political and legal turmoil? What was the source of its
powers of provocation? To what extent could the reception of the play be
considered an extension of the work itself? How do the multiple acts of
surveillance in which the play is embroiled connect with larger social issues
such as immigration, neo-fascism, censorship, free speech, and neoliber-
alism? What, exactly, are those ways of seeing that the play addresses?
These are some of the questions with which the current book engages.
At the core of Ways of Seeing is the subject of surveillance and the
establishment’s expanded authority to spy on its citizens, particularly with
regard to the Eggemoen Aviation and Technology Park near the city of
Hønefoss in South-Eastern Norway, a site about which the mainstream
media have been conspicuously silent. Curiously, only the people who
4 A. S. GRØNSTAD
have seen the play—a very low number—will know this. Everybody else
assumes that the work deals with a much different kind of surveillance,
namely, the clandestine photographing of private residences, by many
felt to be morally problematic and even—if you were a politician on the
right—illegitimate. Generic as they might be, however, the facades gesture
toward a particular demographic. Their dwellers belong to a given socio-
economic group, a group defined by capital and privilege who enjoy a
sheltered existence far away from the city’s multiracial reality. In addition
to the then Justice Minister Wara’s house, those filmed were the homes
of, among others, Christian Tybring-Gjedde, a prominent Progress Party
politician, Jens Stoltenberg, former Prime Minister from the Labor Party
(2005–2013) and current Secretary General of NATO, Jan Haudemann-
Andersen, a major investor in the Oslo Stock Exchange, Øystein Spetalen,
a billionaire and investor, and Stein-Erik Hagen, a businessman who is the
second richest person in the land. When spliced together in the projected
footage shown on the Black Box stage, these domiciles make manifest a
cartography of wealth and political influence, or more importantly, the
effect of the former on the latter.
In the literature on surveillance there is a technical term for this kind
of mapping: sousveillance, or alternatively counter-surveillance. Absent
from the public discourse about the play and its alleged indiscretions,
the concept sheds light on the larger meaning of Ways of Seeing.2
From Jeremy Bentham’s panopticon (and Michel Foucault’s influential
re-reading of this structure)—an ocular technology for monitoring the
self and implanting conformity—to modern methods of biometric classi-
fication and digital tracking devices, surveillance creates a way of seeing
that is always also about control and behavior modification. Its interven-
tionist gaze is not neutral and tends to reinscribe differences tied to race,
gender, sexuality, class, and age. Above all, surveillance manages relations
of power. Nowadays, it has become exceedingly difficult to escape this
gaze. As one of the field’s foremost theorists has observed, living in an
2 In an article for the major daily newspaper Aftenposten in the fall of 2020, I
introduce the term “sousveillance” as an interpretive frame for the play. See Asbjørn
Grønstad, “Har vi forstått hva ‘Ways of Seeing’ egentlig handler om?,” Aftenposten,
September 25, 2020, https://www.aftenposten.no/meninger/kronikk/i/JJ1Aq6/har-vi-
forstaatt-hva-ways-of-seeing-egentlig-handler-om, accessed April 19, 2021.
1 INTRODUCTION: THE PUBLIC CONFRONTS OTHER WAYS OF SEEING 5
incident from his adjacent balcony, Holliday sent the footage to local
news station KTLA, after which it was picked up by other broadcasters
and seen across the world. The spring 1992 acquittal of the four offi-
cers involved induced widespread riots across Los Angeles, leaving 63
dead and thousands injured or incarcerated. Holliday’s footage provides
the blueprint for what in the 2010s sadly became almost its own genre
within visual culture, the bystander video documenting police brutality
against African-Americans. The murder of Oscar Grant by BART police
in Oakland in 2009, the killing of Eric Garner by New York police in July
2014, and the slaying of Alton Sterling by officers in Baton Rouge in July
2016 constitute only a small fraction of such projects of sousveillance.6
Such bystander videos are at the same time a reminder of the racialized
history of surveillance. As Simone Browne has suggested in an important
study,
6 Consult the website WITNESS Media Lab for more further data, https://blog.wit
ness.org/2015/07/bystander-videos-of-police-misconduct-in-the-u-s/, accessed April 20,
2021.
7 Simone Browne, Dark Matters: On the Surveillance of Blackness, Durham: Duke
University Press, 2015, 8–9.
1 INTRODUCTION: THE PUBLIC CONFRONTS OTHER WAYS OF SEEING 7
and anti-fascist movements. Mirzoeff also notes that each of these oper-
ations—which comprise the complex of visuality—has engendered their
own countermeasure. The abuses of classification are countered by educa-
tion, the evils of separation are offet by democracy, and the effects of
aestheticization are undone by an emphasis on sustainability and corporeal
affect.
I would like to suggest that it makes sense to consider Ways of Seeing ’s
act of counter-surveillance in the context of the theories of Benjamin,
Paglen, and Mirzoeff. Two of the actors in the play, the French-Algerian
Hanan Benammar and the Kurdish-born Sara Baban, who both took part
in the photographing of the houses, are immigrants who play themselves.
Benammar hails from France, the daughter of an Algerian resistance
fighter. Baban’s family had to flee Iraq when her father, a bureaucrat
under Saddam Hussein’s regime, opposed the dictator’s persecution of
Kurds. Baban also tells the audience that she has visited Rojava, the self-
governed, multiethnic, and socialist province in northeastern Syria that
was under attack from Turkey in October 2019. In the play, Benam-
mar’s deceased father Halim, who returns as a ghost, is played by Ali
Djabbery, an immigrant from Iran. Turning their camera toward the
residences of some of the most influential figures in the political-financial-
military complex—in other words, the complex of visuality—Benammar
and Baban place their own bodies close to the homes of those in part
responsible for the facilitation of racism and xenophobia in their chosen
country. With Benjamin, one might say that they divulge not just a polit-
ical attitude; they also occupy a position in the socio-political relations in
which they are themselves enmeshed. With Paglen, one might say that
their work enacts a form of experimental geography, staking claim to an
experiential space that was not there before. Finally, with Mirzoeff one
might say they exercise their right to look in the face of a prevailing and
seemingly impenetrable complex of visuality.
In juridical terms, the recording of the houses is uncomplicated. To
produce footage of someone’s house from a distance is not a violation
of any law, nor is exhibiting it in the context of an art performance. To
identify real persons as well as their political affiliations in the context
of an artistic work is likewise permissible. Yet there is no denying the
deliberately confrontational gaze of the women’s camera. They watch the
watchers, and by doing that they subvert what one might call an officially
sanctioned politics of surveillance. This gesture is at once aesthetic and
critical. In Chapter 3: Censorship and Free Speech: The Aesthetic, I
10 A. S. GRØNSTAD
explore the nature of the play’s powers of provocation and suggest that it
may be understood in the context of what Kieran Cashell calls an “oppo-
sitional practice.”16 Geared toward destabilizing social rather than legal
structures, such practices enlist art as a means of expression through which
to convey political or cultural critique. With regard to Ways of Seeing,
Cashell’s terms are particularly helpful in that they provide a conceptual
frame for the play’s espousal of sousveillance as a formal method.
The success of Ways of Seeing in upsetting the public unsurprisingly
caused a backlash that brought Norway to the attention of Freemuse,
the autonomous international organization for the protection of artistic
expression. Issues relating to censorship and the curtailment of aesthetic
forms of communication are thus, in this case, intimately connected with
the process of transgression (as they often are). In Chapter 3, I also
consider the paradox of calling for a defunding of the Black Box Theatre
while at the same time promoting a kind of free speech that is quite
permissive of racist inflections. The critics who reviewed the play during
its first week were able to define, to a large extent, the initial public recep-
tion of Ways of Seeing. Per Christian Selmer-Andersen’s rancid piece in the
major daily Aftenposten, historically a conservative publication, dismissed
the play as radical, leftist proselytizing, although, to be fair, it admitted
that its topic was treated with some subtlety. More detrimental to the
accuracy with which Ways of Seeing was presented in the media, though,
was Selmer-Andersen’s disproportionate emphasis on the inclusion of
Justice Minister Wara’s house (the title of his review is “When Leftist
Performance Artists Hide in the Thuja Hedge”). Some of the terms and
phrases he uses became keywords in the controversy that ensued, for
example “guerilla theater,” “lie in the bushes,” “stealth filming,” and
“threat,” not forgetting his perhaps slightly inflated comparison of the
actors’ activities to those of the Rote Armé Fraktion (RAF).
The day after the newspaper ran Selmer-Andersen’s review,
Bertheussen showed up at the Black Box Theatre, where she proceeded
to record the performance. It is not unlikely although difficult to ascer-
tain that she was triggered by the critic’s words, which spread like wildfire
throughout the domestic media and among the political echelons, in
the process creating a largely fictitious narrative about the nature and
content of the play. The day after Bertheussen’s appearance, the Progress
21 Self-autonomy was declared in 2012, and the forerunner to the DFNS, The
Democratic Federation of Rojava, was established in March 2016.
1 INTRODUCTION: THE PUBLIC CONFRONTS OTHER WAYS OF SEEING 13
Kenaan’s work on the ethics of visuality, I read the play’s aesthetic practice
as a mode for voicing political dissent in a neoliberal environment.
With the surfeit of expressive possibilities available for social and polit-
ical critique in our contemporary media ecology, one question that should
be asked is why theater became the primary vehicle for addressing the
most urgent and uncomfortable issues in Norwegian society post-July
22. During the 1990s and noughties, cinema was arguably a flagship
art form when it came to dealing with culturally controversial subject
matter, as evidenced by films like Natural Born Killers (Oliver Stone,
1994), Romance (Catherine Breillat, 1999), The Piano Teacher (Michael
Haneke, 2001), Irreversible (Gaspar Noé, 2002), Capturing the Fried-
mans (Andrew Jarecki, 2003), and Antichrist (Lars von Trier, 2009), to
name just a tiny fraction of works that delved into distressing thematic
territories. In the culture wars of the 1980s and 1990s, as the next chapter
will show, painting and photography were often in the legal limelight.
With the soaring influence of newer media like computer games and VR,
one could imagine politically unpleasant topics to emerge out of such
expressive channels. And yet a piece of performance art came to stand out
as the galvanizing force for discussions deemed too precarious to have in
the years after July 22.22 Why was that?
While in Friedrich Schiller’s time theater could exert “a more
profound” influence than both law and morality, instilling as it suppos-
edly does “[m]ore correct notions, more refined precepts [and] purer
emotions,”23 in the early twenty-first century it exists alongside a diverse
assortment of apparatuses of visibility. Commanding a somewhat less
22 It should be noted that the national public discourse, in approaching the ten-year
commemoration of the 2011 massacre, has shifted toward a greater sense of acknowl-
edgment of the reluctance to politicize the tragedy that characterized the first few
years after the event, a reluctance shared even by the Labor Party itself as the victim
of the atrocities. The general perception in 2021 appears to be that the media and
the center-to-left parties have been wrong in not confronting the political ideologies
that directly motivated the terrorism of July 22. See for instance Frode Bjerkstrand,
“De som overlevde 22. juli-terroren tar hanskene av. Det er på tide,” Bt.no, April 6,
2021, https://www.bt.no/btmeninger/kommentar/i/x32XjR/de-som-overlevde-22-juli-
terroren-tar-hanskene-av-det-er-paa-tide, accessed April 7, 2021. Bjerkestrand’s text is a
comment on the publication of the book Aldri tie, aldri glemme, written by the Labor
Youth Party.
23 Friedrich Schiller, “Theater Considered as a Moral Institution,” [1784], trans. John
Sigerson and John Chambless, The Schiller Institute, 2002–2005, https://archive.schilleri
nstitute.com/transl/schil_theatremoral.html, accessed March 22, 2021.
14 A. S. GRØNSTAD
central position in the public sphere than earlier in its history, theater
might, on the other hand, be less susceptible to the pressures of commod-
ification that suffuse more recent media such as cinema, television, and
videogames. Its parameters of the sayable may therefore be wider. A
second reason could have to do with the crucial presence of minority
voices in the ensemble, the effect of which is to actualize alternative ways
of seeing—points of view that are more closely aligned with a postcolo-
nial perception of Norwegian culture. This is a point that should not be
underestimated. Hanan Benammar’s character’s soliloquy at the start of
the play represents a pivotal moment in the reckoning with the polit-
ical stratifications of July 22 in a larger European context. A third reason
involves the nature of the artistic approach that made Ways of Seeing
famous in the first place. The amount of outrage its acts of sousveillance
caused ensured it received far more exposure than most aesthetic artifacts.
While in truth its method was a mix of ethnography and investigative jour-
nalism, in the end, it served the play well that it was falsely construed as
a violation of privacy.
This study treats Ways of Seeing as a work of visual culture, a conceptual
enframing supported by a host of pungent markers: the rather overt allu-
sion to John Berger’s groundbreaking program and book, the adoption
of the techniques of sousveillance—strongly associated as they are with
video, film, and media—as well as the wholesale inclusion of recorded
footage as part of the play’s overall aesthetic. But Ways of Seeing is
also performance art, and while in the next chapter I shall address the
work’s affinity with a recent tradition of participatory and interactive
poetics, some contextualization of the play’s position vis-à-vis the broader
field of contemporary theater seems apposite. Although Pia Roll has
stated in interviews that her work is not necessarily post-theatrical and
that Aristotelian structure is still important to her, Ways of Seeing could
assuredly be considered in terms of postdramatic aesthetics.24 Describing
her practice, Roll figures that her projects amount to “negotiations with
theatre as form,” arguing that the documentary approach is just one
of several different “techniques” drawn upon. In her methodology, the
documentary impulse should be seen in conjunction with the fictional,
the therapeutic, and the activist. A breakthrough moment of sorts, she
24 Fritt Ord, “En forestilling som aldri tar slutt: Backstage med Ways of Seeing,” Fritt
Ord, October 6, 2020, https://frittord.no/nb/arrangementer/en-forestilling-som-aldri-
tar-slutt-backstage-med-ways-of-seeing, accessed October 7, 2020.
1 INTRODUCTION: THE PUBLIC CONFRONTS OTHER WAYS OF SEEING 15
submits, came when she realized that she could actually venture outside
the theater for material. A reflection of this awareness, presumably, is her
work’s gravitation toward contemporary concerns, as well as the frequent
use of characters playing themselves. She also emphasizes the vital role her
artistic practice plays in generating new insight; all her plays, she concedes,
could have been entitled Ways of Seeing.
It was with the publication of Hans-Thies Lehmann’s Postdramatic
Theatre in 1999 that the formal and stylistic evolution within theater that
started in the 1960s toward performance and relational poetics crystal-
lized in a canonic concept. The circumstances of this evolution are too
convoluted, both in historical and theoretical terms, to recount compre-
hensively here, but I will try to map their principal features succinctly
and to the degree that they are relevant for a richer understanding of
the aesthetics of Ways of Seeing. The notion of the postdramatic as it
gets presented by Lehmann denotes an innovative form of theater—with
antecedents in the work of Erwin Piscator, Antonin Artaud, and the early
twentieth-century avant-garde movements—that relaxes the prominence
of plot linearity and narrative unity and accentuates gesture and corpo-
real choreography. Lehmann’s work has to some extent been taken as a
rejoinder to Peter Szondi’s landmark study Theory of the Modern Drama
(1956), in which the author addresses the crisis in modern drama that
unfolded from the clash between Aristotelian principles of composition
and the then contemporary drama’s need to engage with social issues.
Analyzing playwrights from Henrik Ibsen, August Strindberg, and Anton
Chekov to Arthur Miller and Eugene O’Neill, Szondi—like many critics
of his generation—considers drama as literature. For Lehmann, on the
other hand, theater means performance. The cornucopia of performance-
related practices from the 1960s onward—happenings, live art, Fluxus
shows, Situationism—consolidated the shift from literature-based theater
to Performance art, but the postdramatic also materialized in the work of
a broad and eclectic range of institutions, writers and artists, from Berlin’s
Hebbel-Theater, Amsterdam’s Mickery Theater, and Glasgow’s Tramway
to practitioners such as Peter Brook, Meredith Monk, Pina Bausch,
and Jan Fabre to Robert Wilson, Robert Lepage, Anatoli Vassiliev, Jan
Lauwers, Sarah Kane, Martin Crimp, and The Wooster Group. Palpable
in Lehmann’s re-interpretation of theater as performance is a perspica-
cious sense of medium specificity, perhaps sparked by the profusion of
new visual media in the last decades. Acknowledging that theater does
not generate “a tangible object which may enter into circulation as a
16 A. S. GRØNSTAD
Theatre is the site not only of ‘heavy’ bodies but also of a real gathering, a
place where a unique intersection of aesthetically organized and everyday
real life takes place. In contrast to other arts, which produce an object
and/or are communicated through media, here the aesthetic act itself (the
performing) as well as the act of reception (the theatre going) take place
as a real doing in the here and now. Theatre means the collectively spent
and used up lifetime in the collectively breathed air of that space in which
the performing and the spectating take place.25
28 Ibid., 26–27.
29 Michael Shane Boyle, Matt Cornish, and Brandon Woolf, “Introduction: Form and
Postdramatic Theatre,” in Postdramatic Theatre and Form, eds. Michael Shane Boyle,
Matt Cornish, and Brandon Woolf, London: Bloomsbury, 2019, 8.
30 Ibid., 3.
18 A. S. GRØNSTAD
31 Asbjørn Grønstad, Film and the Ethical Imagination, London: Palgrave Macmillan,
2016, 68.
32 Liz Tomlin, Political Dramaturgies and Theatre Spectatorship: Provocations for
Change, London: Methuen, 2019, 18.
33 See Lauren Berlant, Cruel Optimism, Durham: Duke University Press, 2011; Sianne
Ngai, Our Aesthetic Categories: Zany, Cute, Interesting, Cambridge, MA: Harvard Univer-
sity Press, 2012; and Caroline Levine, Forms: Whole, Rhythm, Hierarchy, Network,
Princeton: Princeton University Press, 2015.
34 Boyle, Cornish, and Woolf, 15.
35 Ibid.
36 Michael Patterson’s, Strategies of Political Theatre, Cambridge: Cambridge University
Press, 2008, 1.
1 INTRODUCTION: THE PUBLIC CONFRONTS OTHER WAYS OF SEEING 19
They are also, finally, racialized bodies. If the White optics of Western
Modernism to a certain extent has persisted in postdramatic theater, Ways
of Seeing breaks free from this tradition in its consistent commitment to
a postcolonial ethics. Hanan’s allusion to the Algerian War of Indepen-
dence comes at the very beginning of the play and provides a frame for
the narrative to come. NATO’s bombing of Syria and the topicalization
of Rojava are other postcolonial references in the play, and its emphasis on
the immigrant experience aligns Ways of Seeing with the work of someone
like British filmmaker John Akomfrah. His The Nine Muses (2010), for
instance, examines the cultural encounter of the African diaspora with
the conditions of postwar Europe. In a certain sense, Ways of Seeing
marries aspects of postdramatic practice with those of postcolonial theater.
Writing about the social function of theater in Nigeria, Awam Amkpa
holds that performance art furnishes communities with a meaningful site
upon which to negotiate questions of identity and cultural belonging. A
fertile ground for activism and struggles over decolonization, Nigerian
theater is nourished by hybridity and what Amkpa calls postcolonial desire,
understood as “the act of imagining, living, and negotiating a social reality
based on democracy, cultural pluralism and social justice.”41 Rejecting
any notion of identity as something unchanging and essentialist, this kind
of desire also labors to counter oppression, to comprehend “the residual
and active narrative of colonial modernity” and to repudiate “colonial
epistemology.”42 Only now, the chief oppressor is not so much European
nation-states as global, neoliberal corporations. In Amkpa’s recounting,
theatrical practices are key in mediating this desire:
The singing and dancing, masquerades and folk-tales, the rituals and festi-
vals that peppered family and communal life in West Africa all contributed
to a theatre of engagement. As practiced in auditoria, market places,
community halls, schools, streets, and in religious and secular ceremonies,
theatre came to mean a symbolic interpretation of social reality that
facilitated communication, socialization, and community.43
41 Awam Amkpa, Theatre and Postcolonial Desires, Florence: Routledge, 2003, 10.
42 Ibid., 9.
43 Ibid., 5.
1 INTRODUCTION: THE PUBLIC CONFRONTS OTHER WAYS OF SEEING 21
44 Helen Gilbert and Joanne Tompkins, Post-Colonial Drama: Theory, Practice, Politics,
New York: Routledge, 1996, 3.
CHAPTER 2
Abstract This chapter first considers some of the intellectual and inter-
pretive frames that help make sense of the strategies employed by the
play to challenge culturally authoritative ways of seeing. Discussed in
this section are, among other things, the play’s reference to John Berg-
er’s Ways of Seeing (1972), Michael Haneke’s Caché (2005), and Trevor
Paglen’s concept of experimental geography. The chapter also explores the
possibility that Ways of Seeing unintentionally becomes a kind of inter-
active performance art, in which the artists are what Claire Bishop has
termed “producers of situations.” Central to this chapter is the imbrica-
tion of art and law. Examined are the ways in which the play embodies a
legal aesthetics, in the process laying claim to a new epistemological space
and a new expressive form that is poetico-judicial at its core. In a consid-
eration of a range of previous cases where the domains of art and law
have coalesced (among others, Lars Norén’s Seven Three, Anna Odell’s
Unknown Woman 2009-349701, Andres Serrano’s Piss Christ, and Chris
Ofili’s The Holy Virgin Mary), the chapter charts the numerous similar-
ities between the case of Ways of Seeing and the tradition of shocking
artworks that have ended up in court. If the trial was the play’s second
act, then the launch of Ways of Seeing TV in September 2020 was its
third. This chapter also includes a sustained engagement with the way
in which this project enabled the artists to comment on the trial as it
was ongoing and to reflect aesthetically on their work’s journey into the
judicial domain.
It has been half a century since John Berger reminded us of the situated
nature of the act of looking as well as the material and historical condi-
tions of the image. Within the space of the first three or four pages of his
slender book, which was based on the BBC television series that originally
aired in January 1972, Berger makes a series of evocative observations
that—however obvious they might seem to us now—openly challenge
the tenets of conventional art history at the time. First, he points out the
chronological-evolutionary primacy of seeing. Before we learn to speak,
we can use our eyes. Second, Berger draws attention to the troublesome
gap that lies between seeing and knowing. The image yields knowledge,
true, but the status and even the content of this knowledge are indetermi-
nate. For one thing, it might be difficult to ascertain the kind of relation
that pertains to the image and the reality beyond it. Also, the image could
be misleading or even untruthful. Sometimes we simply fail to recognize
what it really is that we are looking at.1 Third, our pre-existing beliefs,
thoughts, and emotions influence how we come to read and understand
an image.2 Berger also submits that the image is actually “a sight which
has been recreated or reproduced.”3 That was four. Lastly, he invokes
the titular phrase when he states that “[e]very image embodies a way
of seeing,” although he is quick to note the dialectical dimension that
impinges upon the process of looking, because the subject who sees, too,
will mobilize her own way of seeing in the encounter with the image.4
In the chapters to follow, Berger covers topics such as the technolog-
ical reproducibility of the image, the genre of the nude and art history’s
representation of women, oil painting and the commodification of art,
landscape painting, collections and proprietorship, and advertising. For
him, these genres and practices denote particular ways of seeing. There is
no such thing as a natural or transcendental sight; one always looks from
a subjective and materially specific vantage point. Recent research also
1 John Berger, Ways of Seeing, London: BBC & Penguin Books, 1972, 7.
2 Ibid., 8.
3 Ibid., 9.
4 Ibid., 10.
2 NEW WAYS OF SEEING: THE JUDICIAL 25
5 Randall Halle, Visual Alterity: Seeing Difference in Cinema, Champaign, IL: University
of Illinois Press, 2021.
6 Ibid., 107.
7 While it is difficult to see how the title could not have been an intentional allusion
to Berger, director Roll has also explicitly confirmed this. See interview with the author,
June 3, 2020.
26 A. S. GRØNSTAD
8 Louis D. Brandeis and Samuel D. Warren, “The Right to Privacy,” Harvard Law
Review, 4. 5 (1890): 193.
9 Priscilla M. Regan, Legislating Privacy: Technology, Social Values, and Public Policy,
Chapel Hill: University of North Carolina Press, 1995, 212–221.
2 NEW WAYS OF SEEING: THE JUDICIAL 27
striking that I was sure that Haneke’s opening shot was an intended inter-
textual quotation, which I later found out was not the case.14 Last but
not least, the video footage in Caché is substantially more threatening
than that of Ways of Seeing, accompanied as it is by other graphic material
such as drawings showing acts of violence. But in both cases, the camera
eye is resolutely fastened on seemingly inconspicuous buildings—on prop-
erty—and it lingers for quite some time on these edifices while nothing
much happens narratively. This observational gaze mimes the modality of
surveillance, and because it emanates from a minoritarian perspective, it
qualifies as sousveillance (which I have already pointed out above). An
effect produced by both works is a sense of bewilderment as to what it is
that the gaze wants. The intense, probing stare also creates a perceptual
friction in that its content is so humdrum; where the gaze itself is insis-
tent, what it shows is almost perversely unspectacular. Finally, both the
film and the play are drawn to these facades not because of their architec-
tural or material specificity but rather because of what they signify: wealth,
power, comfort—in short, privilege. These are the kinds of houses that
typically come equipped with extravagant gates and security cameras to
keep the world outside at bay. People that live here value privacy over
sociality. They eschew unwanted attention, which probably explains the
level of outrage those acts of sousveillance elicit.
A series of incidents around the Wara domicile ensures that the theme
of (private) property remains in the spotlight in the aftermath of the
play’s launch. Not long after Bertheussen shows up in the theater to
tape the performance, and not long after her piece in the national
tabloid VG appears, the Wara family’s house and car are vandalized
(December 6). A swastika and the word “rasist” adorn the car, whereas
the misspelled “rasisit” is scrawled onto the house. Later there is a fire in
a trashcan outside the property (January 17), and there is also evidence
that someone has tampered with the car (February 11). During the winter
of 2019 the Wara household receives an intimidating letter containing
powder that turns out to be crushed pills (March 2). Someone then
sets the automobile on fire (March 10), at which point the investiga-
tion is left to the Police Security Service. Bertheussen is charged with
this crime (March 14) and then two weeks later with all the other acts
of vandalism against her own residence (March 28). The court case
14 See interview with Pia Maria Roll and Hanan Benammar, June 3, 2020.
30 A. S. GRØNSTAD
15 See Sarah Kember and Joanna Zylinska, Life After New Media: Mediation as a Vital
Process, Cambridge, MA: The MIT Press, 2012, 81; and Trevor Paglen, “Experimental
Geography: From Cultural Production to the Production of Space,” in Experimental
Geography: Radical Approaches to Landscape, Cartography, and Urbanism, eds. Nato
Thompson, Brooklyn: Melville House, 2009, PAGE NO!
2 NEW WAYS OF SEEING: THE JUDICIAL 31
16 Per-Olav Sørensen, “The Ways Norway sees Laila Anita Bertheussen,” Nettavisen,
October 4, 2020, https://www.nettavisen.no/nyheter/the-ways-norway-sees-laila-anita-
bertheussen/3424027498.html, accessed October 28, 2020.
17 https://filternyheter.no/jentene-og-bertheussen-del-1-frp-kan-ikke-vaere-pa-vakt-og-
la-dette-skje/, accessed November 2, 2020.
32 A. S. GRØNSTAD
18 Claire Bishop, Artificial Hells: Participatory Art and the Politics of Spectatorship,
London: Verso, 2012, 2.
19 Ibid., 6.
2 NEW WAYS OF SEEING: THE JUDICIAL 33
the case of Ways of Seeing is not additive but synthetic; it is not just that
the play italicizes the presence of the judicial in the artistic and the exis-
tence of the aesthetic within the legal, but rather that it engenders a new
space or, more concisely, a new expressive form that is simultaneously
poetico-judicial.
One should also not forget that the legal perspective was part of the
process of the play prior to Bertheussen being charged. While the case
was curtailed before it could develop any further, the police did accuse
the artists, along with Black Box director Anne-Cécile Sibué-Birkeland,
of violation of privacy. Although in practical terms the probability of the
artists facing a trial was quite slim, in principle their working methods—
and thus by association the work itself—could have become the subject
of legal deliberation. In such an event, law would be the arbiter of the
acceptability of an artistic expression. The actual circumstances, however,
would be that the artwork spurred an entire legal situation as its second
act. It would be easy enough to shelve the assumption that the trial
concerned art—after all, Bertheussen not the play was the defendant—
but the relation is a bit more complicated than that. Without the play,
there would never have been a trial. Also, and intriguingly, during his
interrogation of Roll (October 14, 2020), the defense attorney John
Christian Elden re-introduces an aesthetic aspect into the proceedings.
Quoting from the catalogue text for Ways of Seeing,22 Elden wants to
know whether the language might come across as frightening to the occu-
pants of the houses filmed. The text in question is a loose interpretation
of the Martinican writer Aimé Césaire’s long poem Notebook of a Return
to the Native Land (1939), a formative inspiration for the field of post-
colonial literature. Certain phrases from Césaire’s poem are woven into
the Norwegian text, such as “you lousy pig,” “the cockchafers of hope,”
“fear imperceptibly fades,” and “[t]hen I turned toward paradises lost for
him and his kin.”23 The lines that appear in the play read thus:
Elden reads this excerpt aloud in court, a moment that a theater critic
describes as “historic, curious, and terrifying.”25 As much as the trial
is about Bertheussen’s actions, her participatory part in the centrifugal
world of the play, at this moment it also subsumes the work. By dint of his
quotation, the attorney joins law and art in an intimate albeit astoundingly
problematic way.
What accounts for Elden’s strategy here? The purpose seems to be
to persuade the court to take the words of a dramatic production at
face value, or to argue that the words could, in principle, be taken liter-
ally by those whose homes were subject to the act of sousveillance. But
the citation is not referenced in the scene showing the footage of the
houses. It occurs much later in the play, and in a context unrelated to the
sousveillance footage. That Elden is unaware of the literary status of the
quotation is improbable. Worryingly, he appears willfully to discount what
one would understand as the ontology of the statement. Such a juridifica-
tion of the aesthetic, in which Elden creatively and against his own better
judgment misreads the text, has rather unwelcome social ramifications,
to which Roll speaks eloquently in her reply to Elden: “If we are to live
in a society in which people fail to comprehend images, it is going to
be dangerous. Not only for the artists, but for everybody else too.” This
failure, whatever its causes, has been endemic to the reception of Ways of
Seeing. As I touch upon above, key social institutions such as the media,
the government, and the judicial system have all, in their own ways, been
unable to recognize the fictional-aesthetic character of the play. In a copy-
right case from the early twentieth century, the Supreme Court justice
24 This is the English translation published on the Black Box website: “We wait in
the garden. We wait like the gravel waits, like the wood pigeon and the blackbird and
the ice and the clear water. We wait, like a two-headed gnome: dirty, coarse, unreliable.
Sometimes we look through your bedroom windows: you pig-faced evil bedbugs who
feast upon the root systems of hope. Slowly the heart stops running. We light black
lanterns. The horror loses its grip. Europe disappears. Then we turn toward paradises lost
for you and your kin.”
25 Ragnhild Freng Dale, “Inn i sakens kjerne,” Norsk Shakespearetidsskrift, October 14,
2020, http://shakespearetidsskrift.no/2020/10/inn-i-sakens-kjerne, accessed November
5, 2020.
36 A. S. GRØNSTAD
Oliver Wendell Holmes Jr. also uses the word “dangerous” when he
pontificates about the undesirability of judges acting as art critics.26 Law
and art are in a sense opposites, occasionally even with divergent agendas.
Where the former is rational, unequivocal, and inherently conservative,
the latter is imaginative, ambiguous, and potentially revolutionary. Works
of art taking their cue from law run the risk of being rigid, whereas a
practicing of law motivated by art may become irresponsible. The perfor-
mative modality that theater and law share should not distract us from
these crucial differences. In a seminal contribution to the area of law and
art, Costas Douzinas and Lynda Nead state the following:
Lawyers live by the text and love the past, they hate novelty and misun-
derstand new languages. The law is able to appreciate new art only after it
becomes a matter of convention, use, and habit, in other words, when art
becomes like law. Great art, on the other hand, precisely because it breaks
away from conventions and rules and expresses creative freedom and imag-
ination, is the antithesis of law. The law of art is the opposite of the rule
of law.27
on the view that the controversial speech had been, in the words of Max
Liljefors, “transfigured ontologically on stage.”28
The other case, Okänd, Kvinna 2009-349701 (Unknown, Woman
2009-349701), had a slightly different outcome. While a student at the
University College of Arts, Crafts and Design in Stockholm, Anna Odell
staged her own breakdown in public, upon which she was instantly
committed to a psychiatric hospital, where she was buckled and drugged.
The hoax was part of her art project, which aimed to shine a light on
problematic practices in the psychiatric care sector. The public reaction
was largely unsympathetic at first, and some found her ethics debat-
able, although the moral integrity of the project was bolstered by the
knowledge that the episode was essentially a re-enactment of a real
collapse the artist had suffered fifteen years before. When sued by St.
Göran’s Hospital, Odell claimed that the Fundamental Law on Freedom
of Expression was applicable and that she had merely collected material
for her project (an assistant had filmed the incident). Unlike in the Norén
case, the court did not accept the premise that it was all an aesthetic
performance and maintained instead that her actions qualified as violent
defiance. Odell was issued a simple fine, and in the wake of the skir-
mish, her college ensured that all future degree projects were studied by
a lawyer.
It is true that Ways of Seeing differs from the cases of Norén and Odell,
most obviously in that the legal case was against Bertheussen, not the
artists. Yet the fact that charges were indeed pressed at one point is not so
easily dismissable. As much as Bertehussen occupied the formal center of
the trial, furthermore, few would contest the notion that it was also very
much about Ways of Seeing. Finally, Elden’s weaponization of the literary
quote in support of his client binds the juridical and the artistic in a way
that is not dissimilar to the ontological appraisals in the Swedish examples.
Elden’s brief is manifestly not to define Ways of Seeing as either reality
or fiction. Regardless, when he practically de-aestheticizes the poetic text
28 Max Liljefors, “Body and Authority in Contemporary Art: Tehching Hsieh’s One-
Year Performances,” in Visualizing Law and Authority: Essays on Legal Aesthetics, ed. Leif
Dahlberg, Berlin: Walter de Gruyter, 2012, 204–231; 209. One can only speculate if the
prosecutor would have come to a different understanding if it had been known at the
time that the prisoners during the time allotted for rehearsals had engaged in criminal
activities to bankroll a Neo-nazi group. The notorious event ended in the worst possible
way when after the closing performance two of the inmates broke out, held up a bank,
and killed two policemen in the getaway.
Another random document with
no related content on Scribd:
kolahtanut kolme päätä yhteen, sillä kohtalo — se on hirvitys,
Kuzjma Kuzjmitš! Realismia, Kuzjma Kuzjmitš, realismia! Mutta
koska teidät on jo kauan sitten pitänyt jättää huomioon ottamatta,
niin jää jäljelle kaksi päätä, kuten lausuin, kenties lausuin kömpelösti,
mutta minä en olekaan kirjailija. Se on, toinen pää on minun, ja
toinen on tuon pedon. Siis valitkaa: minäkö vai peto? Kaikki on nyt
teidän käsissänne — kolme kohtaloa ja kaksi arpaa… Antakaa
anteeksi, minä sekaannuin, mutta te ymmärrätte… minä näen teidän
kunnioitettavista silmistänne, että te olette ymmärtänyt… Mutta jos
ette ole ymmärtänyt, niin hukun jo tänään, siinä se!»
— Suokaa anteeksi…
Mitja seisoi yhä ja katseli jäykästi ja liikkumattomana, ja huomasi
yhtäkkiä, että jotakin liikahti ukon kasvoissa. Hän vavahti.
— Hän ei ole täkäläinen, se mies, eikä häntä nyt täällä ole. Hän
tekee talonpoikien kanssa metsäkauppoja, on nimeltään Ljagavyi. Jo
vuoden verran hän on hieronut Fjodor Pavlovitšin kanssa kauppaa
tuosta lehdostanne Tšermašnjassa, mutta eivät sovi hinnasta, olette
kukaties kuullut. Nyt hän on taas tullut ja asustaa nyt pappi Iljinskin
luona, Volovjan kievarista lienee sinne noin kaksitoista virstaa,
Iljinskin kylässä. Hän on kirjoittanut tänne minullekin tästä asiasta,
nimittäin tästä metsiköstä, pyysi neuvoa. Fjodor Pavlovitš aikoo itse
mennä hänen luokseen. Niin että jos te ennättäisitte ennen Fjodor
Pavlovitšia ja esittäisitte Ljagavyille samaa, mitä puhuitte minulle,
niin kenties syntyy hänen kanssaan kaupat…
— Ei kestä kiittää.
— Jaa-hah.
2.
Ljagavyi
Piti siis lähteä »laukkaamaan», mutta rahoja hevosten tilaamiseen
ei ollut kopeekkaakaan, t.s., oli kaksi kaksikymmenkopeekkaista,
mutta siinä olikin kaikki, kaikki, mitä oli jäänyt niin monien vuosien
entisestä omaisuudesta! Mutta hänellä oli kotona vanha hopeainen
kello, joka jo kauan sitten oli lakannut käymästä. Hän sieppasi sen ja
vei juutalaiselle kellosepälle, jolla oli pieni kauppa markkinapaikalla.
Tämä antoi hänelle siitä kuusi ruplaa. »En odottanut saavani
niinkään paljoa!» huudahti ihastunut Mitja (hän oli yhä edelleen
ihastuksissaan), kaappasi kuusi ruplaansa ja juoksi kotiinsa. Kotona
hän täydensi rahamääräänsä lainaamalla isäntäväeltään kolme
ruplaa, minkä nämä antoivat hänelle mielellään, vaikka ne olivatkin
heidän viimeiset rahansa, niin paljon he hänestä pitivät.
Innostuksensa tilassa Mitja samassa ilmoitti heille, että hänen
kohtalonsa nyt ratkaistaan, ja kertoi heille, hyvin kiireesti tietenkin,
melkein koko »suunnitelmansa», jonka hän äsken juuri oli esittänyt
Samsonoville, sekä Samsonovin antaman ratkaisun, tulevat
toiveensa ym. Isäntäväelleen hän oli ennenkin uskonut monta
salaisuuttaan, ja senvuoksi nämä pitivätkin häntä omana ihmisenä
eikä ollenkaan ylpeänä herrana. Saatuaan tällä tavoin kokoon
yhdeksän ruplaa Mitja lähetti tilaamaan kyytihevoset Volovjan
majataloon. Mutta tällä lailla painui mieliin ja tuli pannuksi merkille se
tosiasia, että »erään tapahtuman edellisenä päivänä Mitjalla ei ollut
kopeekkaakaan ja että hän saadakseen rahoja möi kellonsa ja
lainasi isäntäväeltään kolme ruplaa, kaikki todistajain läsnäollessa».
— Ei, tiedätkö, mitä sinun pitää minulle näyttää: näytä sinä minulle
sellainen laki, että on lupa laitella vahinkoja, kuuletko! Sinä olet
konna, ymmärrätkö sen?
3.
Kultakaivos
Tämä oli juuri se Mitjan käynti, josta Grušenjka oli niin peläten
kertonut Rakitinille. Grušenjka odotteli silloin »pikalähettiään» ja oli
hyvin iloissaan siitä, että Mitja ei ollut käynyt edellisenä eikä sinä
päivänä, sekä toivoi, että hän, jos Jumala suo, ei tule ennen hänen
lähtöään, mutta silloin oli Mitja äkkiä tullutkin. Jatkon me tiedämme:
päästäkseen hänestä eroon oli Grušenjka heti pyytänyt häntä
saattamaan häntä Kuzjma Samsonovin luo, jonne Grušenjkan muka
välttämättömästi oli mentävä »rahoja laskemaan», ja kun Mitja oli
hänet sinne saattanut, niin hyvästellessään häntä Kuzjman portilla oli
Grušenjka ottanut häneltä lupauksen, että Mitja tulisi häntä
hakemaan kellon käydessä kahtatoista saattaakseen hänet takaisin
kotiin. Mitja oli iloissaankin tästä asiain järjestymisestä: »Hän istuu
Kuzjman luona, ei mene siis Fjodor Pavlovitšin luo… jollei hän vain
valehtele», lisäsi hän samassa. Mutta hänestä näytti, että Grušenjka
ei ollut valehdellut. Hänen mustasukkaisuutensa oli juuri sitä laatua,
että ollessaan erillään rakastamastaan naisesta hän kuvitteli heti
Jumala ties mitä kauheita asioita siitä, mitä naiselle tapahtuu ja
miten tämä siellä »pettää» häntä, mutta juostuaan taas naisen luo
järkytettynä, masentuneena, täysin vakuutettuna, että tämä on
ennättänyt olla hänelle uskoton, hän heti katsahdettuaan tämän
kasvoihin, tämän naisen nauraviin, iloisiin ja ystävällisiin kasvoihin,
tuossa tuokiossa reipastui mieleltään, lakkasi heti paikalla
epäilemästä ja iloisesti häveten soimasi itse itseään
mustasukkaisuudestaan. Saatettuaan Grušenjkan hän riensi
kotiinsa. Oi, hänen piti ennättää vielä toimittaa niin paljon tänään!
Mutta ainakin oli taakka sydämeltä pudonnut. »Pitäisi vain pian
saada tietää Smerdjakovilta, eikö siellä ole tapahtunut mitään eilen
illalla, eikö Grušenjka, mene tiedä, ole käynyt Fjodor Pavlovitšin
luona, uh!» välähti hänen päässään. Niin että hän ei ollut ennättänyt
vielä juosta asuntoonsa, kun mustasukkaisuus jo taas oli alkanut
liikahdella hänen rauhattomassa sydämessään.