November 29, 2005

Corporation is a fascinating concept: the bringing forth out of thin air an incorporeal person that acts only through its agents. Corporations enjoy the same legal personality as natural persons. In most modern jurisdictions, incorporation is granted by statute, but it used to be granted by Royal Charter. The oldest corporation in the world is, of course, The Bay, which was formed in 1670 by these words:

Now know yee that Wee being desirous to promote all Endeavours tending to the publique good of our people and to encourage the said undertaking have of our especiall grace certaine knowledge and meere mocion Given granted ratifyed and confirmed And by these Presentes for us our heires and Successors Doe give grant ratifie and confirme unto our said Cousin Prince Rupert Christopher Duke of Albemarle William Earle of Craven Henry Lord Arlington Anthony Lord Ashley Sir John Robinson Sir Robert Vyner Sir Peter Colleton Sir Edward Hungerford Sir Paul Neile Sir John Griffith and Sir Phillipp Carterett James Hayes John Kirke Francis Millington William Prettyman John Fenn and John Portman That they and such others as shall bee admitted into the said Society as is hereafter expressed shall bee one Body Corporate and Politique in deed and in name by the name of the Governor and Company of Adventurers of England tradeing into Hudsons Bay and them by the name of the Governor and Company of Adventurers of England tradeing into Hudsons Bay one Body Corporate and Politique in deede and in name really and fully for ever for us our heirs and successors doe make ordeyne constitute establish confirme and declare by these Presentes and that by the same name of Governor & Company of Adventurers of England Tradeing into Hudsons Bay they shall have perpetuall succession etc. etc. (it actually goes on for twelve pages).

In return, all King Charles the Second asked for was the

Yeilding and paying yearley to us our heirs and Successors for the same two Elkes and two Black beavers whensoever and as often as Wee our heirs and successors shall happen to enter into the said Countryes Territoryes and Regions hereby granted

Not a bad deal. I think it’s sad that the Bay changed its name on the federal corporate registry from The Governor and Company of Adventurers of England Trading into Hudson’s Bay AKA Hudson’s Bay in French Compagnie de la Baie d’Hudson to Hudson’s Bay Company in December 2004.

Of course, none of this is on my Corporations exam, but if it were wouldn’t that make it a much more interesting course?

Crazy fog, bright sunny days, now snow – Vancouver is trying to turn itself into Calgary for me!

November 25, 2005

This has been such a horrible essay-writing month. First I had to do an essay on a topic that seemed so important I was too anxious to start working on it until the last minute. Now I’m trying to write an essay on a topic that's so dull I can’t stand it to think about it, even though it’s well past last minute.

November 23, 2005

I read my essay out in class last week

There were some objections that my position was not "logical" or "plausible," which yeah, I know, it's not. My response was that it was a position, one which I decided to take, not one that I was claiming as necessarily valid.

It's fun to watch yourself turning into a lawyer, even though an incompetent lawyer.

Above all, law values consistency and tradition. It must look backwards for its validity. The method of law is reduction, which always involves the suppression of multiplicity in the service of authority. Law can never resist closure.

Poetry is exactly what law is not.

November 17, 2005

I have two new chapbooks out:

Dirty Work from the mysterious NO Press. I haven't seen this one yet, but I'm very excited about it. You can be too.

and

The writing that should enter into conversation from rob mclennan's above/ground press.

Thanks rob and mysterious NO Press person!

November 08, 2005

Tripped up last night in my corporations law reading by a delightfully odd sentence:

He knew that what he had said would consternate the Keevils.
-Teck Corp. Ltd. v. Millar (B.C. 1973)

It's not just that Keevils is a funny name, or that "consternate the Keevils" sounds like a deviant board game, it's the string of small words delaying content, then crashing into the solid mass of "consternate."

I try to be an obediant law student, but I keep getting snagged on these bits of language.

November 07, 2005

Why is it that after a BA in English, an MA in English, and half a Law degree, I still have such a hard time writing essays? It’s not just the usual procrastination, worrying about topic and focus, incomplete research, etc. I am terrified of writing. There’s such a breach between the chaos of thought and reduction into words, sentences, paragraphs. So much is lost. Actually, I’m sure nothing is lost: an idea that can’t be articulated was never an idea, probably just the feeling of having an idea hovering just beyond reach. I think I have a lazy mind. I just wish I didn’t keep entering degree programs that involve so much writing. I’m trying to write about indeterminacy, but I keep panicking then giving up…it all seems so… fucking… indeterminate.

November 05, 2005

Now literature is only a means, devoid of cause and purpose; in fact, that is what defines it. You can of course attempt a sociology of the literary institution; but you can limit to act of writing by neither a why nor a wherefore. ... To ask oneself why one writes is already an advance over the blissful unconsciousness of "inspiration," but it is a despairing advance -- there is no answer. Apart from demand and apart from success, empirical alibis much more than real motives, the literary act is without cause and without goal precisely because it is devoid of sanction: it proposes itself to the world without any praxis establishing or justifying it: it is an absolutely intransitive act, it modifies nothing, nothing reassures it.
-Roland Barthes, "Kafka's Answer," Critical Essays (NWU Press, 1972).

November 04, 2005

But now in Alberta, we have a government that is unwilling to govern (this whole $400 reward decision was made behind closed caucus doors and announced in front of TV cameras because the legislature has not been opened since its summer break). We also have a government that wishes individuals to make decisions of how to redistribute the communal wealth.

Considering how unemployed and debt-ridden I am, you’d think I’d be happy to get random cheques from the government, but I’m not; I’m livid. I’m tired of Klein declining to fulfill his democratic duties and I’m sick of his cynical maneuvers to buy our complacency. What to do? Refuse to cash the cheque? Take the money and mail 400 postcards of complaint to the legislature? Give 400 loonies to 400 homeless people?

Giving the money to a charity would be a nice gesture, but it would also reinforce the government’s contention that the non-profit/charity sector is better suited to deliver social services that the government is unwilling to concern itself with. I think the government can deliver services more efficiently, and I think that its history of cutbacks combined with its reticence to regulate and/or organize non-profit activity has resulted in an overloaded, inefficient and unsustainable charitable sector that must attempt to fulfill the demands of a society whose needs are not met by the institution charged with the responsibility of meeting those needs.

Any use of the money seems inadequate in comparison to the way in which it should be used: by the Alberta government, for the people of Alberta, through government programs. Health, education, affordable housing, legal aid… any of these could use more funding.

This seems like an opportunity to make some kind of statement, but despite all my ranting, I’ll probably just spend my share on rent or food.

November 02, 2005

There's a wonderful Barthes essay about the pain of revision called "Flaubert and the Sentence" in his New Critical Essays (Hill and Wang, 1980):

...Flaubert subtracts, erases, constantly returns to zero, begins over again. Flaubertian sequestration has for its center (and its symbol) a piece of furniture which is not the desk but the divan: when the depths of agony are plumbed, Flaubert throws himself on his sofa: this is his "marinade," an ambiguous situation, in fact, for the sign of failure is also the site of fantasy, whence the work will gradually resume, giving Flaubert a new substance which he can erase anew. Flaubert qualifies this Sisyphean circuit by a very strong word, "atrocious," the sole recompense he receives for his life's sacrifice.

Also:

...style for Flaubert is absolute suffering, infinite suffering, useless suffering.

Why writing poetry is hard:

For it is indeed a matter of vertigo: correction is infinite, it has no sure sanction.

Why writing fiction is worse:

I have a narration to compose; now the story is something which is very wearisome for me. I have to send my heroine to a ball.

Man, I love this stuff.