Concepts Of Appropriation Under The Theft Act - Free Essay Example

Sample details Pages: 7 Words: 2036 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Cause and effect essay Topics: Act Essay Did you like this example? The Theft Act 1968  [1]  was legislated as a result of complicated, confusing and highly technical prior statutes and case law. Antiquated terminology like larceny, embezzlement and false pretences were to be replaced by a simple and short Act that was aiming towards codification of the criminal law. The Criminal Law Revision Committee advised on the recommendation, which as a result fully transpired. The report affirmed larceny, embezzlement and fraudulent conversion should be replaced by a single new offence of theft. The important element of them all is undoubtedly the dishonest appropriation of anotherers property.  [2]  Unfortunately the courts interpretation of the Theft Act has not went as smooth as anticipated; it became highly disputed as the House of Lords reached contrasting outcomes on several cases. Parliament was possibly at fault to some extent due to the Act being formulated very simplistic, the consequence was that judges had to work out e xactly what the law was. My purpose will be to chronologically evaluate the crucial case law, academic opinion, as well as objectively conclude from a theoretical and practical perspective. The definition of The Theft Act 1968 is A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and thief and steal shall be construed accordingly.  [3]  This section is pivotal and fundamental as the whole Act is structured around this definition. Dispute surrounds the element of appropriation. Academics and lawyers have and still are extensively contesting on whether consent should be relevant or irrelevant for an individual to appropriate property. The Criminal Law Revision Committee which prompted the Act stated We hope and believe that the concept of dishonest appropriation will be easily understood even without the aid of further definition.  [4]  This lack of further definition in hind sight, demonstrated poor judgment from the Committee as cases will illustrate that interpretation of appropriation has led to difficulties even in straightforward circumstances. In Lawrence  [5]  an Italian student who was unfamiliar with the currency opened his wallet to a taxi driver to allow him to acquire the fare. The driver took money which was well over the excess of the fare. The driver disputed that his conduct could be appropriation because the student consented. The House of Lords held that it was irrelevant the student consented and dismissed the defendants appeal; the drivers conviction was upheld. This case concluded that appropriation can occur even when the victim has consented in handing over their property. Under the old Larceny Act 1916 a requirement for appropriation was without the consent of the owner  [6]  . Viscount Dilhorne highlighted this contrast in his judgment as he quoted Parliament by the omission of these words has relieved the prosecutio n of the burdon of establishing that the taking was without the owners consent  [7]  . Furthermore, Lawrenece means that certain crimes of deception may also be identical to crimes of theft, due to consent being irrelevant. Surely Parliaments intentions were not to have it amalgamated with s15 Obtaining Property by Deception. P. R. Glazebrook brought up this illogical consequence as he wrote Should it matter tuppence whether a crook snitched his victims property or tricked him out of it? Parliament thought not.  [8]  I myself find it hard to comprehend that Parliament enacted a meaningless provision but this is a practical and theoretical effect of the courts verdict. Shute and Horder also disagreed with the crimes being amalgamated by writing in a journal The label thief does not carry the same moral import as the label conman;  [9]  they also went on to say The nature of the wrongdoing in theft has a separate moral foundation from that of obtaining by deception. There is no doubt that these crimes are entirely different in reality and should be treated entirely different by the law; the outcome of Lawrenece does seem to question the merit and practicality of the Theft Act. The House of Lords in the case of Morris  [10]  casted uncertainty on this proposition as they held that the defendant must have done something objectively criminal for appropriation to occur. The facts involved the defendant exchanging labels on goods in a supermarket in order to pay less for the item; he was seized before paying and charged with theft. His council submitted that he could not have appropriated the item as he had handled the item in the supermarket with implied consent of the owner. Judging on Lawrence the defendant should have been convicted but the court completely opposed. Lord Roskil quoted appropriation in my view involves not an act expressly or impliedly authorised by the owner but an act by way of adverse interference with or unsurpation of those rights.  [11]  So on this judgment, a consensual acquirement of property would not be theft since the element of appropriation is absent. For the next eight years until R v Gomez  [12]  , this case was used in preference to Lawrence. The facts of Gomez involved the defendant who was an employee of a store in. He convinced the manager to sell goods to an accomplice and accept payment by cheques. He told the manager that the cheque was as good as cash but was aware that they were stolen. Gomez was convicted of theft at the trial court. The defendant appealed to the Court of Appeal, Lord Lane CJ was very clear on his position and stated anyone who obtains goods in return for a cheque which he knows will be dishonored on presentation, or indeed by way of any other similar pretence, would be guilty of theft  [13]  . He then went on to say that appropriation never occurred as There is no appropriation at the moment when he takes possession of the goods because he was entit led to do so under the terms of the contract of sale.  [14]  Lord Lane expressed that this conduct should not fall within the Theft Act as in practice it expands it enormously. Professor Shute obviously agreed with Lord Lanes reasoning as he wrote To create a new offence of theft to include conduct which ordinary people would find difficult to regard as theft would be a mistake.  [15]  Lord Lane also stressed that by making consent irrelevant created a clear conflict between civil and criminal law. Gomez was appealed to the House of Lords. The house had to clarify if consent was relevant and if appropriation involvedadverse interference with, or usurpation of, some right of the owner  [16]  The lords concluded 3:2 in favor for Lawrence against Morris and decided that consent is irrelevant to appropriation. Lord Keith quoted in the leading judgment Belief or the absence of belief that the owner had such knowledge is relevant to the issue of dishonesty, not to question whether or not there has been an appropriation.  [17]  This decision was of vast importance and had extensive implications to the offence of theft. In practical situations it could determine the point of arrest, for example, an individual can in theory be arrested in a shop for simply touching an item, perhaps just looking at the ingredients, if the law enforcement suspect the individual is planning to steal this item then in theory then they can be arrested. In practice this seems completely absurd; in addition it means the law authorities have enormous arbitrary powers resulting from this legislation. Although in practice I doubt this example would occur often but arbitrary powers this broad should be taken very seriously as it may contravene human rights, the rule of law and the manifest criminality rule  [18]  that George Fletcher discusses. This rule maintains the notion that a reasonable person should identify the theft that has occurred. To some degree criminal activi ty like theft should be obvious to the objective observer. Alarmingly, by omitting the consent element for appropriation means that it practically vanishes the necessity to have an actus reus for a conviction. Also, there is no doubt that in certain cases consent will distinguish if the defendants conduct was dishonest or not. By dismissing consent the law is virtually relying on the entire mens rea element. Lord Lowry dissented in Gomez cited a dictionary definition of appropriate, he quoted take possession of, take to oneself, especially without authority.  [19]  He concluded that consent was relevant and there had to be some sort of adverse interference, which I do believe should be an element of appropriation. Later on in the 1990s, appropriation was at the centre of a further legal concern. The question the courts had to address was; could a recipient of a valid gift in civil law have appropriated property and be charged with theft if there was no deception? Again, co nsent was questioned. There were several cases with similar facts but it was R v Hinks  [20]  which resolved the issue. The defendant befriended a man of limited intelligence and naivety although he was mentally able of understanding the concept of ownership and a gift. The defendant encouraged the man to withdraw sixty thousand pounds and deposit it in her account. The Court of Appeal held that it was irrelevant the gift was valid in civil law and the question was certified to the House of Lords. Hinks defence submitted sound reasoning on why it would be wrong to hold a valid civil gift as appropriated, they referred to numerous examples of when contractual problems under such a expansive definition of appropriation which could now become theft. The defence also highlighted that it would create disharmony and a blatant conflict with civil law. Lord Steyn countered this issue as he quoted The tension between the civil law and the criminal law is therefore not in my view a factor which justifies a departure from the law as stated in Lawrence and Gomez.  [21]  In addition, on the matter of consent and authority he said this was immaterial.  [22]  The court appeal was dismissed as the gift was appropriated, only with Lord Hobhouse dissenting. Therefore in practice if there is an acquisition of property through dishonestly then the gift will have been appropriated and stolen. There are several consequences of the final decision in Hinks. First of all it means that there is no longer any distinction between fraud and theft, which does not seem to be logical as they are entirely different crimes. Lord Steyn discarded appropriation as being narrow due the number of unjustified acquittals that may be the consequence. Although this is a convincing justification and I can see the logic due to the defendants unconscionable conduct, but I believe this should not be the criminal law. The contrast with civil law could been evaded by perhaps declaring the gift voidable due to undue influence. The court asserting the legitimacy of the gift as irrelevant was perhaps unconvincing. J.C Smith strongly disapproved as he wroteWho ever heard of ordinary literate people describing the receipt of a gift as an appropriation?  [23]  Numerous academics have agreed with Smith and understandably criticized the courts decision. Clarkson and Keating have described Hinks decision in particular as lamentable  [24]  as the House of Lords do not identify what actually constitutes appropriation. J.C Smith emphasized how expansive appropriation is currently, the commentary stated Millions of employees are appropriating their employers property, millions of customers are appropriating the property of shopkeepers, husbands are appropriating the property of their wifes and vice versa every hour of the day  [25]  , therefore if mens rea is perceptible then these examples can all be theft. Reflecting on the judgments, journals and commentary, I belie ve adverse interference should be present in the definition of appropriation. Perhaps the negative aspect is there may be an undeserved acquittal but better this than innocent individuals convicted due to the law being so expansive. It is simply more practical and just for adverse interference to be an element in of the Theft Act. Adverse iterference establishes the progress from actual guilty contemplation or consideration to which should be the full mens rea of theft. Individuals with criminal thoughts and ideas should not be liable for theft if the criminal act has not been executed. Unfortunetly due to adverse interference being ommitted from the requirement of the Theft Act, thoughts and ideas can be criminal in the present law which in my opinon is completely unsound and dangerously premature for a justifiable conviction. Don’t waste time! Our writers will create an original "Concepts Of Appropriation Under The Theft Act" essay for you Create order

Essay on Eriksons Psychosocial Stages and Adopted Children

Difficulties and Stages of Adopted Children Erikson believed that people develop in psychosocial stages. He emphasized developmental change throughout the human life span. In Eriksons theory, eight stages of development result as we go through the life span. Each stage consists of a crisis that must be faced. According to Erikson, this crisis is not a catastrophe but a turning point. The more an individual resolves the crises successfully, the healthier development will be. The first stage of Eriksons psychosocial stage is trust vs. mistrust, which is experienced, in the first year of life. Infants learn to trust in order to satisfy their needs thus developing a feeling of self-worth. When infants receive inconsistent care they†¦show more content†¦I learned to feed myself, dress myself and perform other tasks much earlier than societies norm. Initiative vs. guilt is Eriksons third stage of development, which occurs between three to six years of age. 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Loving From Vietnam To Zimbabwe Essay Example For Students

Loving From Vietnam To Zimbabwe Essay After reading Janice Mirikitanis poem Loving from Vietnam toZimbabwe there is a profound amount of imagery used by Mirikitani thatexplains a reality of sex, love, and war. Mirikitani uses an interesting andunique format in the way she has written her poem. The I thatMirikitani uses is not referring to herself but rather another woman who isVietnamese, or many women whom are Vietnamese. She has essentially divided herpoem into two sides. One side, the left side, is where she reveals images of sexand love. On the other side, the right side, is where she reveals the imagery ofwar. By dividing her poem into two sides, she is able to describe twoconflicting issues that are part of the womans life or at some point had animpact on her life and emotions. It seems as though Mirikitani is explainingimages from Vietnam. These images of sex, love, and war that she has written inrespect to, are not the sex and love that we know as Americans, but the sex andlove that was prevalent during the Vietn am War. Mirikitani wrote this poem in1980, so it is possible that, she has some repressed images and feelings aboutthe war or war in general. Mirikitani begins her poem with images of sex andlove. By writing this poem, she has given a voice to many women from a countrytorn apart by War. It is almost as if every image she has of sex is matched withan image of war. This reveals how the woman must deal with two realities. Onereality is the life of a Vietnamese woman and another reality of sleeping withthe enemy. These two realities seem to be conflicting with each other and itultimately makes the Vietnamese woman feel that her situation is unresolved. Mirikitani draws the reader into the subject matter of her poem by the use ofher figurative language imagery. She describes a relationship between aVietnamese woman and an American soldier who is of color. By defining thesoldiers skin color, she metaphorically correlates his appearance as,large/black like the shadowed belly of a leaf.(Stanza 16, lines 3-4)By this she is defining his appearance visually so that we see him as dark as ashadow is. It also gives the feeling that this soldier is mysterious, and coldblooded. The relationship that the woman has with the soldier is quite difficultto understand, but without reasonable doubt, these two people have engaged insexual activities. On the sex side of her poem, which is the left side, shevisually interprets her experience with the man. Mirikitani uses severalextended metaphors to describe his body, As I move into the grassy plainof your chest (Stanza 12, lines 3-5) is an example. Not only does she usefigurative language to describe th e man, she also uses it to describe thephysical interaction between them. For reference, stanza seven is an example ofher figurative language that I am referring to. Because of their relationship,the Vietnamese woman feels troubled because there is anger within her due towhat she feels the American soldiers have done to her people and their land. Sheis un-eased about having sex with this man because of her anger. One way to lookat their relationship is to visualize that this woman and man are in arelationship of love and that one womans lust for a man ultimately leads her topain when he is killed. The woman is left in a painful and agonizing state afterthe man has been murdered; which gives the poem a slight twist at the ending. .u8109b7113af722376df9ec95f878cb9e , .u8109b7113af722376df9ec95f878cb9e .postImageUrl , .u8109b7113af722376df9ec95f878cb9e .centered-text-area { min-height: 80px; position: relative; } .u8109b7113af722376df9ec95f878cb9e , .u8109b7113af722376df9ec95f878cb9e:hover , .u8109b7113af722376df9ec95f878cb9e:visited , .u8109b7113af722376df9ec95f878cb9e:active { border:0!important; } .u8109b7113af722376df9ec95f878cb9e .clearfix:after { content: ""; display: table; clear: both; } .u8109b7113af722376df9ec95f878cb9e { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u8109b7113af722376df9ec95f878cb9e:active , .u8109b7113af722376df9ec95f878cb9e:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u8109b7113af722376df9ec95f878cb9e .centered-text-area { width: 100%; position: relative ; } .u8109b7113af722376df9ec95f878cb9e .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u8109b7113af722376df9ec95f878cb9e .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u8109b7113af722376df9ec95f878cb9e .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u8109b7113af722376df9ec95f878cb9e:hover .ctaButton { background-color: #34495E!important; } .u8109b7113af722376df9ec95f878cb9e .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u8109b7113af722376df9ec95f878cb9e .u8109b7113af722376df9ec95f878cb9e-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u8109b7113af722376df9ec95f878cb9e:after { content: ""; display: block; clear: both; } READ: The Complex Hamlet EssayAfter she has left the images of the mans death with us, she reveals that loveis dangerous and that, loving in this world, is the silver splintingedge. (Stanza 20 line 1-3) Love has been painful to her and she has beenmaddened and angered by it. Another way to understand their relationship is thatthese two characters in Mirikitanis poem do not love each other and are witheach other only for the means of sex. Mrikitani metaphorically describes theparts of the mans body as physical places on earth, As I reach down ontoMt. Inyangani. She is not actually referring to Mt. Inyangani, but to themans private parts. The relationship between the Vietnamese wo man and the blackman seems cold and awkward. There is no love involved in their sex; it is merelya physical relationship that has no meaning. She shows that she does notunderstand what the man is saying, As you call me strange names.This could be because they do not speak the same language or that these namesthat he is using are strange and unknown to her. She uses the calling ofstrange names again at the end of her poem when they have finallyengaged in sex. I feel you enter my harbor, kiss the lips of my soul. Call me my Strange Names. The sex that is taking place seems so sensualand honest yet there is a continuing conflict within the woman, which ultimatelymakes her maddened by her situation. On the right side of her poem, Mirikitaniuses images of the Vietnam War to show another side of the womans life. Shedelivers raw images of what the American soldiers have done to her people,You have seen them hanging in trees after American troops hadfinished. (Stanza 10) She uses imagery to show how brutal war is. In muchof the same way war is characterized, cold and unsympathetic, her tone on theright side of her poem has changed, it is a realization of what has gone on. Sheknows that it is not the soldiers fault completely for what has happened. Yetthe people they were killing were her people, people of her heritage, and thepeople of the same blood as her. She feels that he was pushed andthat he had been used, by those behind himpushing him and pulling his trigger. She feels her anger and thengoe s on to describe the mans death. By giving the recognition of, My Lai,Bach Mai and Haiphong, it is almost as if his death is invengeance of the United States imposed attacks on these particular Vietnamesecities. It seems as if Mirikitani is identifying a cycle of killing that willcontinue because of war. Although it is difficult to always get into the poetshead for a better understanding of their work, we can see that at the end of thepoem, there is a silence in Mirikitanis writing as she has given therecognition to My Lai, Bach Mai, and Haiphong. She branches off toher last stanza, which is on the sex and love side of the poem. She uses thisfinal stanza to give a final message of love. She evaluates love as a risk inlife, it is the dare in the teeth of the tiger. (Stanza 20 line 4-5)She sees love as dangerous and painful. She mentions jungle rot(Stanza 20 line 6) and the madness of surviving (Stanza 20 line 8)which is an agonizing image that she puts into our heads so that we are a ble tofeel the power of love and war. We are given this image to take into account thepain that this woman has faced. It is also the pain that many women like herhave faced.

Mise-en-scene in The Red Shoes (1948) Essay Example

Mise-en-scene in The Red Shoes (1948) Essay The Red Shoes, directed by the marquee team of Michael Powell and Emeric Presssburger is an important film of British Cinema. One of the early exponents of Technicolor brilliance, the film is an exposition on use of light and colour for cinematic effect. Cinematographically the film is quite brilliant and a rich source for studying the art of mise-en-scene. But as far as the plot is concerned, it is quite ordinary and offers nothing new or interesting. The plot is based on the time-worn and tired theme of conflict between passion for art and romantic love. Central to the plot is the clash between Miss Victoria Page’s (played by Moira Shearer) artistic ambition and her love life. Tragedy looms large in this type of plot set up and inevitably Miss Page is ruined by this conflict. In this way the plot and the simple straightforward narrative do not match the creative and exuberant visual imagery. Despite the said flaws, the film is worth studying purely its picturization and visu al aesthetics. This essay will is an endeavour to study the mise-en-scene of a handful of scenes from the film. To be able to understand the principles being applied for constructing various shots, one has to keep in mind Michael Powell’s philosophy in filmmaking. Powell believed in the notion of the ‘composed film’, in which, â€Å"music, emotion and acting made a complete whole, of which the music was the master†. (Mayer, 2008, p.48) This philosophy is writ large in The Red Shoes, as well as Powell’s other notable films Black Narcissus (1947) and The Tales of Hoffmann (1951). As a matter of fact, in The Red Shoes, Lermontov says to Miss Page on more than one occasion that â€Å"music is everything†. This is perhaps a reflection of Powell’s own understanding of composing a film. (Grist, 2012) The importance given to the background score is evident in the manner in which scenes are paced – it is as if the visual action corresponds to the beat and texture of the background music. This is best exemplified in The Ballet of the Red Shoes (whic h is the story within the larger story The Red Shoes), the ballet’s lead dancer, Vicky Page â€Å"is pulled by her magical shoes away from the steps of a church, and the embrace of a priest (danced by Ivan Boleslawsky/Robert Helpmann), to an infernal, red-lit space that is inhabited by the ballet’s demonic shoemaker (danced by Ljubov/Leonid Massine).† (Grist, 2012, p.28) These sequences of events are synchronized to the tempo and prompt of the instrumental music. Just as the musical composition by Brian Easdale carries symmetry and repetitive structures within it, the performance of The Ballet of the Red Shoes display a similar arrangement. There is a conscious attempt on part of the directors to unite the strands of various media of art into one dramatic output. It is this accentuation of dramatic effect thus produced which accounts for the continuing remembrance of this film and its ballet performances by generations of film audiences. (Mclean, 2008, p. 135) We will write a custom essay sample on Mise-en-scene in The Red Shoes (1948) specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Mise-en-scene in The Red Shoes (1948) specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Mise-en-scene in The Red Shoes (1948) specifically for you FOR ONLY $16.38 $13.9/page Hire Writer As a treatise on cinematic art, the film reveals its exceptional ability to exploit the medium and alter accepted boundaries. In its own implicit way, The Red Shoes goes on to shatter the myths surrounding fairytales, the world of classical ballet and the myths surrounding cinema itself. The notion that fairytales all end on a happy note is refuted in the film. Instead, the comforting aspects of Christen Anderson’s fairy tale (upon which the film is based) are disillusioned and the underlying horror is revealed. For example, the earlier part of the film has the audience believe that Vicky and Julian will live happily ever after. But as events unfold and take a dire turn, the aspirations of the couple are frustrated. In Anderson’s fairytale, a young girl, similar in age and disposition to Vicky Page, wishes to wear the red shoes. But upon wearing them, she cannot stop herself from dancing. This eventually leads to unbearable exhaustion she even resorts to ask the executi oner to have mercy on her and chop off the shoes. Once this is done and she is released from the tyranny of the red shoes but not before acute suffering. Some of the metaphors employed by Anderson in her fairy tale are carried over to the film while the final tragic twist is the film’s invention. Though fairy tales are primarily written for children, both the written work and the film are rich in sexual metaphor. To bring out this element in the visual experience is a challenge well answered by Powell and Pressburger. For example, â€Å"the colour red, so often used in fairytales to signify sexual awakening, is present: by willingly donning the red shoes the girl is compliant with her own sexual downfall, and suffers a horrific punishment. The appeal of The Red Shoes’ fairytale therefore relies very much on the combination of beauty and horror: the girl is beautiful, especially when she is dancing in her red shoes. The act of severance, however, also holds a twisted appeal in that it leads to her redemption—but it is nevertheless suggested as a suitable punishment for being tempted to dance in the first place.† (Street, 1997, p. 162) In the final scene of the film, when the unbearable mental anguish pushes Vicky toward committing suicide, the directors construct rich symbolisms. In the aftermath of the moment of tragedy, when Vicky lies dying on the railway track, she asks Julian to remove her red shoes, which he promptly does. Meanwhile in the theatre, the eagerly awaiting audience are informed of the lead ballerina’s absence – a messaged delivered in a tone of suppressed emotions by the deeply saddened Lermontov. But Lermontov assures the audience that the show will go on, and in the place of the deceased Vicky, a spotlight is thrown to acknowledge her spiritual presence on stage. This is an inspired directorial idea from Powell and Pressburger, for they based it on a similar real life incident involving Russian ballerina Pavlova. Pavlova’s ‘final performance’ was conducted in 1931, ‘after’ her demise, by tracing her movements on stage using a spotlight. The skilfu l conception and construction of mise-en-scene in this final sequence lends emotionally richness to the climax. The valorous maxim of ‘the show must go on’ captures the true spirit of art, where individuals are secondary to the larger cause. (Swynnoe, 2002, p.56) When one looks at the history of ballet films in three decades between 1920 and 1950, commercial failure is the norm. Added to this, British producers have previously failed in their attempts to use this genre. This makes the success of The Red Shoes an anomaly of sorts. Numerous interviews given by the directors and the lead actors in the film have helped compile an impressive archival documentation for this film. By tapping into this resource, we can learn the thought processes of the creative team, especially with regards to mise-en-scene. We learn that Michael Powell thought of ballet as â€Å"a contradictory representation and ambiguously gendered embodiment of morbidity and ecstasy, life and death, achievement and failure, fulfillment and despair. Moreover, the production context of The Red Shoes functions as a sort of metanarrative about the relationship of ballet to the film industry and of the machinations and processes by which ballet’s theatrical identity and the subjectivities of its practitioners were manipulated and objectified (not always successfully, and never without resistance) to fit the measure of a full-length commercial film.† (Mclean, 2008, p. 137)