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Watt, Gary. London: Bloomsbury, Bloomsbury Collections. Copyright Gary Watt You may share this work for non-commercial purposes only, provided you give attribution to the copyright holder and the publisher, and provide a link to the Creative Commons licence. Gary Watt. Lives the man that can figure a naked Duke of Windlestraw addressing a naked House of Lords?

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And yet why is the thing impossible? The balancing of rights provides one possible approach to resolving confrontations between individual dress codes and collective codes, but we need to look deeper if we are to appreciate the cultural causes that make such confrontations inevitable in the first place.

What our inquiry will reveal is that the law demonstrates anxiety when individuals attempt to perform their own public face, through personal modes of dress and undress, in the liminal space of dress that the law takes to be a locus of its own dominion. Dress always Dress always represents order and control. When we choose to dress ourselves publicly in a particular way, we are exercising a form of self-government.

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We are taking control of our little state. This is most clear in the most careful and conscientious dressers, but even if our dress seems negligent we nevertheless make a state of ourselves. Confronted with that face, the individual has three choices in cases of conflict: to conform, to contest or to compromise. The pressure to conform is hard to resist.

Quentin Bell asks some challenging questions about our seemingly docile compliance with the authority of dress and fashion:. The case against fashion is always a strong one; why is it then that it never in an effective verdict? Why is it that both public opinion and formal regulations are invariably set at nought while sartorial custom, which consists in laws that are imposed without formal sanctions, is obeyed with wonderful docility and this despite the fact that its laws are unreasonable, arbitrary and not infrequently cruel?

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More questions follow: could it be that, since the dawn of civil society, the ruling authorities have observed the dress compulsion at work and have sought to harness its force in order to encourage the civil habit of obedience to law? Is this one reason why dress and law became inseparable in so many of the foundational cultural orders of human civil society?

We obey the power of dress when others wear it, and we obey it when we wear it ourselves. This is why we feel embarrassed when we realize that our flies are undone, or that we have tucked our skirt into our pants, even though nobody else has noticed. This is so even where the offence occurs without witnesses and the offender is the only sufferer. There is a long-standing belief that we are obedient to the power and influence of our own dress; that the individual is fashioned by their dress even as the individual fashions their dress. Probably we have all at some time experienced the psychological shift that is induced by a change of clothing, especially where that change is from very casual to very formal clothing or from very formal to very casual.

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The physical constraint of a stiff collar and crisp cuffs, or the tautness of a tie, a belt and snug-fitting shoes, all combine to suit the mind to serious business. Whereby it appeareth, that there is not a little in the garment to the fashioning of the mind and conditions. We are all incorporated into the political body by processes of conformity, including conformity to our clothes, but the military mind has appreciated better than most that clothes have the power to conform the individual to the ideals of the corps. Nowadays the news media frequently report street protests by topless women.

In Nigeria, women especially mothers have traditionally employed genital exposure to their men in public as a form of curse.

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A revival of this tradition was threatened in when women protesting against ChevronTexaco barricaded hundreds of workers inside an oil terminal and committed to expose themselves if their demands were not met. Some forms of non-conforming dress dress that does not conform to the majority custom are challenging to the political State whether a challenge is intended or not. Probably very few Muslim women who wear a face-covering niqab in public do so deliberately intending to challenge the secular liberal States in which they live, but the majority of such States find extremely concealing modes of dress to be challenging in at least some contexts, for instance in court or at border control.

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In Scotland, the statute has no application and a less lenient Common Law definition of indecent exposure is still applied, but that is not the crux of the problem for Mr Gough. He then refuses to dress for the hearing and the result is that he is deemed to be in contempt of court; which is itself an imprisonable offence. He refused to do so, was arrested, and he was subsequently jailed for five months.

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He wants to live according to the mode of his choosing, and he wants to challenge social attitudes that would resist that, but arguably it is not his primary aim to challenge the State as such. The authorities nevertheless find his behaviour sufficiently challenging to justify the intervention of the power of the State against him. The Scottish authorities have been particularly strict. It is in Scotland that Mr Gough has been imprisoned for long periods as a result of his persistent nudity. This is the country in which the men take pride in a military tradition of being totally naked under their kilts.

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A close reading of the report of one of his many court hearings reveals fascinating insights about the issues as he and the courts see them. Gough v. It would not be surprising if those exceptional occasions include wedding ceremonies and funerals. Such events are frequently exceptional to our dress codes, whatever they might be even naturist brides have been known to wear a veil on their wedding day.

Whenever Mr Gough appears in court, he appears naked. He is then found to be in contempt:. Contempt of court is constituted by conduct that denotes wilful defiance of, or disrespect towards, the court or that wilfully challenges or affronts the authority of the court or the supremacy of the law itself. The second finding of contempt occurred on 19 December at Edinburgh sheriff court before Sheriff Andrew Lothian. The offences he was charged with were breach of the peace and breach of bail conditions that had accompanied his release from prison.

In the chapter, we noted how the law makes a face in the world. It seems that the courts are not only suspicious of the naked human form, but also deeply disturbed by it. In the present case, Lord Gill threw the proverbial book at Mr Gough. Lord Gill did not agree. The French artist and judge Pierre Cavellat appreciated that nothing would shock his judicial colleagues more than to be confronted by a naked person in court, see Figure 5.

Pierre Cavellat untitled, undated. Stephen Gough is both admirable and pitiable. Perhaps he consciously or unconsciously perceives that dress and law are inextricably intertwined and perhaps that is the inspiration for his philosophy of public nudity.

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However, if he understood just how inseparable is dress from civil order, he would realize that the wall of civil society is a wall of wool that cannot be unwound by him. He cannot win.

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If he goes naked, the civil authorities will cover him with prison walls. Mr Gough has an ally in Diogenes, the cynic philosopher of ancient Greece. In the case of Diogenes, a tub on a city street.

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Diogenes the Cynic was a wise man for despising them, but a fool for showing it. Headdress worn by Muslim women comes in a great many forms, but there is little consensus across Islamic communities regarding the type of headdress, if any, which ought to be worn, and neither is there consensus as to the terms by which various forms of headdress are described.

For present purposes, the most pertinent forms of headdress are face-covering attire worn by females. We will not be concerned with headdress, such as hijabwhich cover the hair but not the face.

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The former is generally called niqab. The latter is sometimes called burqaalthough burqa more accurately describes the full-body covering and not merely the head-covering part. Modern commentators rightly point out that none of us can judge what the wearing of a veil by an individual ifies. For example, the veil might be read as a strong mode of self-fashioning, or it might be read as a means of relieving oneself of the pressure to present a public face.

Courts should be especially cautious in their efforts to scrutinize the religious basis for veil wearing.

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The court confirmed:. The narrow function of a reviewing court in this context is to determine whether there was an appropriate finding that the petitioner terminated his work because of an honest conviction that such work was forbidden by his religion. The Islamic veil has proved most controversial in democracies, such as France, Belgium and Turkey, which are constitutionally committed to political secularism.

The penalty is a Euro fine for the first offence. Forced unveiling is as politically objectionable as forced veiling forced veiling, which is practiced in totalitarian Islamic States such as Iran and Somalia, is prohibited in most majority Muslim States, including, for example, Bangladesh [1].

The thin interface between the inner private being and the outer public scene is a border that the law by its nature as dress must define and control if it is to have a distinct identity and role. By wearing the veil, the religious believer is appropriating the power to regulate her own relations between her private including her religious life and the public, civil sphere. The law is threatened by such an assertion of regulatory authority over the precise interstitial or liminal space — the space of dress — in which the law claims dominion. It gets very cold in Chicago — as, indeed, in many parts of Europe.

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