Constructing a Productive Other: Discourse Theory and the Convention Refugee Hearing

282 Pages·1994·27.413 MB·English

by  Robert F. Barsky

CONSTRUCTING A PRODUCTIVE OTHER
Pragmatics & Beyond
New Series
Editors:
Jacob L. Mey
(Odense University)
Herman Parret
(Belgian National Science Foundation, Universities of Louvain and Antwerp)
Jef Verschueren
(Belgian National Science Foundation, University of Antwerp)
Editorial Address:
Linguistics (GER)
University of Antwerp (UIA)
Universiteitsplein 1
B-2610 Wilrijk
Belgium
Editorial Board:
Norbert Dittmar {Free University of Berlin)
Bruce Fraser {Boston University)
John Heritage {University of California at Los Angeles)
David Holdcroft {University of Leeds)
Catherine Kerbrat-Orecchioni {University of Lyon 2)
Beatriz Lavandera {University of Buenos Aires)
Marina Sbisà {University of Trieste)
Emanuel A. Schegloff (University of California at Los Angeles)
Paul O. Takahara {Kobe City University of Foreign Studies)
Sandra Thompson (University of California at Santa Barbara)
Daniel Vanderveken {University of Quebec at Trois-Rivières)
Teun A. van Dijk {University of Amsterdam)
29
Robert F. Barsky
Constructing a Productive Other
CONSTRUCTING
A PRODUCTIVE OTHER
DISCOURSE THEORY
AND THE CONVENTION REFUGEE HEARING
ROBERT F. BARSKY
Institut national de la recherche scientifique
Inter-University Centre for Discourse Analysis
and Text Sociocriticism
JOHN BENJAMINS PUBLISHING COMPANY
AMSTERDAM/PHILADELPHIA
The paper used in this publication meets the minimum requirements of
American National Standard for Information Sciences -- Permanence of
Paper for Printed Library Materials, ANSI Z39.48-1984.
Library of Congress Cataloging-in-Publication Data
Barsky, Robert F.
Constructing a productive other : discourse theory and the Convention refugee hearing /
Robert F. Barsky.
p. cm. - (Pragmatics & beyond, ISSN 0922-842X ; new ser. 29)
Includes bibliographical references and index.
1. Refugees, Political-Legal status, laws, etc.--Canada-Language. 2. Refugees, Political-
-Legal status, laws, etc.--Social aspects--Canada. 3. Asylum, Right of--Canada--Language. 4.
Asylum, Right of-Social aspects-Canada. 5. Administrative procedure--Canada--Language.
6. Administrative procedure--Social aspects--Canada. 7. Discourse analysis--Case studies. I.
Title. II. Series.
KE4472.B37 1994
323.6'31-dc20 94-33456
ISBN 90 272 5041 3 (Eur.) / 1-55619-297-5 (US) (alk. paper) CIP
© Copyright 1994 - John Benjamins B.V.
No part of this book may be reproduced in any form, by print, photoprint, microfilm, or any
other means, without written permission from the publisher.
John Benjamins Publishing Co. • P.O.Box 75577 • 1070 AN Amsterdam • The Netherlands
John Benjamins North America • P.O.Box 27519 • Philadelphia, PA 19118 • USA

Table of Contents
Acknowledgements 9
1. Introduction: The Construction of the Other 1
2. The Chronotope for the Convention Refugee Hearing 17
3. Interpreting and Transcribing the Other 37
4. The Opening Section: The Discursive Paradigm 65
5. The Middle Section: The Life Story 117
6. The Closing Section: The un-Dialogic Other 167
7. The Implicit and Explicit Criteria for Rendering the Decision: The Woman
as Witness and The Appeal Case 203
8. Conclusion: The Destruction of the Self 241
Notes 247
Cases Cited 253
Bibliography 257
Index 271

let all those come who want to; one of us will talk, the other will listen; at
least we shall be together.
-George Konrád, The Case Worker
Often we make discoveries without realizing what has happened. Some­
thing new, something never before seen or said, flashes clearly in the mind.
We think, Sure — ! or, Of course, that's right. But, beyond affirmation, we
usually find no phrase to capture our new understanding. So we let the
moment pass. It fades. We forget.
Once in a while, though, remembering and recording become the highest
priority. Sometimes stories are born this way.
— George Szanto, The Underside of Stones
Nothing has occurred to me, except my life —
It is a book much used, for many years marked and adorned;
By hard turning stained with spittle and tears;
Trusted body-slave of my treacherous hands —
A cold, stubborn, lonely soul — a great house of dreams...
Closed, it is the picture of the whole mystery
Laid bare, night with all the stars. Opened,
An empty bed with one brown stain.
— Allen Grossman, An Inventory of Destructions
Acknowledgements
Numerous persons and institutions have (M)othered, (M)authored,
(F)othered and (F)authored this study.
The true authors are Mr. B. and Mrs. V. who generously offered their
Convention refugee transcriptions for my research; I do sincerely hope that
this book does justice (inasmuch as a book can) to their heart-wrenching
words, and to the words of the millions of others who suffer untold persecution
each year in every country of the world.
The Social Sciences and Humanities Research Council of Canada, the
Fonds FCAR, and the McConnell Foundation generously supported my
graduate studies at McGill University, and the SSHRC offers continued
support in the form of a post-doctoral fellowship for which I am deeply
grateful. The Institut québécois de recherche sur la culture (now the INRS —
Institut national de la recherche scientifique: Culture et société) provided a
home, intellectual and otherwise, in which much of this research was nurtured.
The Inter-University Centre for Discourse Analysis and Sociocriticism of
Texts, co-founded and led by the compassionate and rigorous Marc Angenot,
was a constant inspiration. The Social Sciences Federation of Canada offered
extremely useful evaluations of the manuscript. I am very grateful to Jeff
Verschueren, the IprA and John Benjamins who gave these words a place to
call their own.
Marc Angenot, Marike Finlay, Darko Suvin and George Szanto set a
wonderfully-unattainable high standard of scholarship and teaching in the
Comparative Literature Programme at McGill. Throughout the entire
process George Szanto sat beside me, figuratively and literally, gently guiding
my hand and directing my gaze; I can only hope that his narrative wisdom and
critical powers have rubbed off upon some of these pages. Professor Julius
Grey of the Law Faculty at McGill and Maître Jean-François Goyette offered
advice concerning the legal and administrative procedures not taught in
literature departments (!), and they offered valuable assistance during the
crises. Michael Holquist of Yale taught me about Bakhtin and how to talk
about what it means to be a passionate and vivified self (and Other). Denise
Helly is my productive interlocutor at the INRS; her devotion, curiosity and
generosity inspired many areas of study related to this book. Clive Thomson's
indelible stamp of encouragement and warmth is deeply imprinted into these
x Constructing a Productive Other
pages. I would also like to thank persons who have been indirectly, and
sometimes unknowingly, omnipresent, notably Noam Chomsky, Allen
Grossman and Jim Merod.
The content of this book has been deeply influenced by my extended
family, Sam Abramovitch and Michèle Drouin; Sam's wisdom has opened up
doors to cognitive spaces which have become my favourite haunts.
I am grateful as well to my Mother, Pat, and my Father, Syd, and to David,
Debra and Jennifer, who have often made things possible through their love
and enthusiastic support. Yzabelle, I dedicate this book to you, to our
children, and to all of the moments we have shared together. Tristan and
Benjamin were born during the period in which this work was written; and
together they have filled my life with joy and understanding.