Avi Feldman After the Law: Towards Judicial-Visual Activism
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Avi Feldman After the Law: Towards Judicial-Visual Activism Avi Feldman After the Law: Towards Judicial-Visual Activism O N CURATING.org Acknowledgment I would like to begin by sincerely thanking my supervisors and advisers, Prof. Dr. Dorothee Richter (main advisor), Zurich University of the Arts, Prof. Alun Rowlands, and Prof. Susanne Clausen, University of Reading, Department of Art, for their consistent support, guidance, and kindness. I also wish to thank Dr. Rachel Susan Garfield, University of Reading, Department of Art, and Ronald Kolb, Zurich University of the Arts, for their help and assistance from day one. My thanks to Ernst Ludwig Ehrlich Studienwerk (ELES) for generously funding and supporting my PhD, and to PD Dr. Eva Lezzi from ELES, who showed a keen interest in my ideas from the very beginning of our encounter. Vardit Gross, Director of Artport Tel-Aviv, has followed the development of my curatorial practice closely, and her ideas, our conversations, and collaboration have been invaluable to me. I also wish to thank Artport’s dedicated staff – Renana Neuman and Yael Moshe. This publication would not even be possible to imagine without Christoph Willmitzer. I dedicate it to our daughter Anna Sophia Shalom, who joined us in the final segment of my writing efforts and bestowed upon me a sense of energy and hope I never imagined existed. Avi Feldman After the Law: Towards Judicial-Visual Activism O N CURATING.org The present study was accepted as a dissertation at the Department of Fine Arts of the University of Reading. Prof. Dr. Dorothee Richter advised the dissertation. This publication is based on the dissertation as part of the PhD in Practice in Curating Program, a joint doctoral program of the Zurich University of the Arts and the University of Reading, supported by “swissuniversities.” Published by ONCURATING.org Proofreading: Stephanie Carwin Set and design: Biotop 3000 © 2019 ONCURATING.org, and the author. The rights of this publication remain by the author. The publication is openly accessible on the website www.on-curating.org and can be downloaded and shared under the restriction of crediting the author and/or OnCurating.org. The Publisher is granted a non-exclusive right of use in respect of the online publication of the work without the obligation to make use of this right. The Author is entitled to make a PDF version of the work publicly accessible online via his/ her personal website, an institutional server or a suitable subject-based repository once it has appeared in book form. This usage of rights is in compliance to the requirements by the of Swiss National Science Foundation (SNSF). ONCURATING.org Pfingstweidstraße 96, 8005 Zurich, Switzerland www.on-curating.org ONCURATING.org is an independent international journal supported by the Postgraduate Programme in Curating, ZHdK. CONTENT LIST ISBN: 9781699881668 2 Acknowledgment 4 Imprint 8 We Indict! 13 Introduction 13 1. The Fictive-Witness: An Early Curatorial Proposal 16 2. Truth and Falsehood in the Era of the Witness 17 3. From the Era of the Witness to the Era of the Forensic 18 4. The Unraveling of the Legal in Art 20 5. The Unraveling of Art Through the Legal 23 6. Legal Imagination and Artistic Imagination – On the Side of the Countryman 26 Exhibit №1: 5846, 5851, and 5852 vs. the Population and Immigration Authority 30 Chapter One From Visual and Judicial Activism to Artist Organizations: Justice in Times of Globalization 31 1.1. Between Visual Activism and Judicial Activism 35 1.2. The 7th Berlin Biennale: Between Debate and Action 39 1.3. The Three Dimensions of Justice 40 1.4. Artist Organisations International: Two Case Studies 50 1.5. Capabilities in a Globalized World 58 Stele Trial 62 Chapter Two Performing Justice – Between the Dreyfus Affair, Barrès Trial, and Yael Bartana’s JRMiP Congress 63 2.1. Introduction 64 2.2. The Barrès Trial – Background and Motivations 67 2.3. Dada and the Dreyfus Affair 71 2.4. The Barrès Trial – A Participatory Political Space 74 2.5. The Barrès Trial – Legal Form and Content 78 2.6. The First Congress of The Jewish Renaissance Move- ment in Poland (JRMiP) – Between Congress and a Trial CONTENT LIST 85 2.7. The Dreyfus Affair and Bartana’s JRMiP Congress 88 2.8. On Being Jewish and On Justice 92 Motions 96 Chapter Three New World Summit – Terror, Gender, and an (Old) New Right of Intervention 97 3.1. Introduction 98 3.2. Inside the New World Summit – Aesthetics and the Law 101 3.3. From Berlin to Kochi – The Legality of the NWS Ques- tioned, Again 102 3.4. From Kochi to Rojava – Action, Debate, and Justice 103 3.4.1. Impressions of the New World Summit – A Critical Reading 107 3.4.2. On The Kurdistan Workers’ Party (PKK) and Terror 109 3.5. Stateless Democracy, Terrorism, and Gender Equality 113 3.5.1. Artists and the Revolution: The Case of the Film Letter to Jane 117 3.5.2. Artists and the Revolution: The Case of the Film Here and Elsewhere 120 3.6. Back to Rojava 124 3.7. The (Old) New Right of Intervention 132 revenge body politics (the repo man sings for you, the speaking implement reads for filth) 136 Chapter Four Art and Law: Disputes, Encounters, and Justice 137 4.1. Introduction 138 4.2. Mierle Laderman Ukeles – Naming Maintenance as Art 140 4.3. Justice and The Evolution of Disputes 147 4.4. Sanitation Department: First Encounters 149 4.5. The Right of the Encounter in Law and Art 158 4.6. From the Sanitation Department to the Legal Depart- ment 161 4.7. The City Artist and The Artists Placement Group (APG) 167 4.8. The Case of Forensic Listening CONTENT LIST 176 State Traps 180 Chapter Five Between Legal Imagination and Motions for the Agenda 181 5.1. Towards Legal Imagination: An Introduction 183 5.2. Towards Legal Imagination: On Legal and Artistic Imagination 186 5.3. Towards an Exhibition: An Introduction 188 5.4. Towards the Space of Law and Art: On Violence 192 5.5. Towards a Counter-Archive: Between the Space of Law and the Space of Art 195 5.6. Five Motions for the Agenda: Interventions in Law’s Archive 195 5.6.1. Motion Number One: “Pragmatic Failure” 199 5.6.2. Motion Number Two: “5846, 5851, and 5852 v. the Population and Migration Authority” 200 5.6.3. Motion Number Three: “Kafka for Kids” (work in progress) 203 5.6.4. Motion Number Four: “The Interview” 204 5.6.5. Motion Number Five: “To Serve You” (work in progress) 208 5.6.6. Motions for the Agenda: From the Curator’s Desk 210 Heat Signature 215 Epilogue 222 Playing Hide and Law. A Visual Unraveling of the Latent Power of Law 226 Bibliography 242 Appendix 8 The Agency for Legal Imagination Presents: We Indict! We Indict! is an exhibition about grassroots activism, social engagement, and creating alternatives to existing legal systems. At its center is a Tribunal initiated by hundreds of anti-racist activists in Germany and assembled under the label “Unraveling the NSU Complex” at the Schauspiel theater in Cologne last May. The Tribunal unravels neo-Nazi terror and institutional racism by exposing the actions and network of the German extreme right-wing group known as “National Socialist Underground” (NSU). Following the Tribunal’s lead, the exhibition aims to contribute to the contemporary debate on racism, law, and justice. In defiance of the state’s paradigm of immigrant “integration” in German society, the Tribunal aims towards the implementation of a discourse-changing vision of Germany as a “society of the many.” At Ludlow 38, more than two hundred photos taken before, during, and after the Tribunal’s meeting in Cologne will be exhibited in a non-linear manner. Together, these imag- es demonstrate a variety of campaigns and interventions carried out by activists across Germany reclaiming symbolic and physical space for representation. Advocating for the urgent need to tackle NSU terror from the perspective of immi- gration and from the point of view of the victims, We Indict! functions as a count- er-archive to the German state’s legal system. The images, videos, and docu- ments included in the exhibition were collected by the Tribunal and created by Ulf Aminde, Spot the Silence, SPOTS Audiovisual Micro-Interventions for TRIBUNAL – Unraveling the NSU Complex and beyond, and Forensic Architecture. The exhibition was curated by Avi Feldman together with Timo Glatz and Gesine Schütt. Production: Ida Michel Design: Daniel Poštrak & Allegra Schneider Subtitles: Marion Koller, Wolfgang Richter Translations: Janine Jembere, Angela Anderson Photography: Dörthe Boxberg, Jasper Kettner, Allegra Schneider, Kirsten Neu- mann, Sabine Herrmann, Timo Glatz, Sofia Tahmasebi Interviews: Spot the Silence: Christian Obermüller & Rixxa Wendland Memorial: Keupstraße: Ulf Aminde Evidence: Forensic Architecture Audiovisual Micro-Interventions: SPOTS We Indict! Unraveling Structural Racism in Germany is the first of a series of exhi- bitions, projects and events organized by The Agency for Legal Imagination oper- ating throughout 2018 at MINI/Goethe-Institut Curatorial Residencies Ludlow 38. All images: © Goethe-Institut New York. Photo: Gareth Smit 9 10 INTRODUCTION 1. THE FICTIVE-WITNESS: AN EARLY CURATORIAL PROPOSAL 11 13 Introduction 1. The Fictive-Witness: An Early Curatorial Proposal At the center of this research lies an interest in exposing and exploring the complex relations that arise when law and art are brought into close proximity. In order to facilitate the intersection of knowledge and practice of two different fields, and examine its outcomes, I have chosen to follow a threefold methodology. The first phase, manifested in Chapters Two and Three, begins with a quest to unravel already existing, but mostly hidden or seldom acknowledged, legal components in artistic and curatorial pro- jects with which I have been professionally involved.