Rushdie, Salman. Shalimar the Clown (2005)

September 13, 2007

Shalimar the Clown

“Freedom is not a tea party, India. Freedom is a war.”

Shalimar the Clown is another deeply metaphorical tragedy from the pen of Salman Rushdie. He returns to his old theme of partitioning and fragmentation not only geographical, but also personal. In this novel, he tells the story of Kashmir through Kashmiris as well as through foriegn interlopers and a strangers to the land. I am going to avoid plot summary here as it would only get convoluded, and jump right into the legal aspects.

Rushdie’s use of magical realism extends to his manifestations of the law in his novels. In Shalimar the Clown Rushdie goes a step or two further than he did in Midnight’s Children. He takes us outside the minds eye of a single person, and into numerous versions of the same story. These different characters also symbolize the numerous regions that these views and actions originate. This illustrates that the partioning that we understand as legal boundaries also has an effect upon his characters in creating identities that must engage with the legal landscape around them (which is created by the boundaries). All the characters have mixed identities, a fracturing which is enhanced by the legal implications of the borders. Enhancing these ideas and themes is Rushdie’s use of fractured storytelling.

Max Ophuls, in the story, is a European that was transplanted to the United States and later became the US Abassador to India (he is also a lawyer). After that he became a Ambassador to terrorists. He flew around clandestinely supporting movements on behalf of the US government. It is he who tells us the “freedom is war,” invoking the idea that one must struggle in order to have freedom, if it is given then it is not freedom. He also is representative of the Western World’s post World War II architecture of world order:

He tried to believe that the global structures he had helped to build, the pathways of influence, money and power, the multinational associations, the treaty organizations, the frameworks of cooperation and law whose purpose had been to deal with hot war turned cold, would still function in th future that lay beyond what he could forsee.

Max forsaw and helped create the structure of world peace and security as we know it. In the Story, it is his musing on International Relations that helps to create the United Nations. The UN adopts Western ideals about international law, and as it gained power these ideals were carried worldwide.

Rushdie is not entirely damning of the idea that the West created and forced its vision of world order on everybody else, though. By making Max a French Jewish survivor of WWII, he shows us what the Western world feared, and the gravity of the battle just fought. Its vision of order was indeed one sided, but it also meant well in that it was trying to avoid another event as catastrophic as WWII. The West’s identity was fragmented due to the nationalism that results from war. Identity became fluid in the west as Europe’s borders became fluid. This is represented by Max’s work during WW II forging passports an papers to get people out of the battle zone. The West’s vision of order sought to reaffirm and resolidify those identities.

Max represents the Western force that acted on the Eastern world. The Eastern world is represented by Boonyi and Shalimar. The two live in a small village in Kashmir, which boasts a mixed population of both Hindus and Muslims. Boonyi is Hindu and Shalimar is Muslim. They fall in love and despite the religious differences they are allowed to be married. In Kashmir as this story unfolds the idea of partition is beginning to occur. As both Pakistan and India make claims on Kashmir the people of Kashmir are forced to choose a political side. Initially the claim seems to be “Kashmir for the Kasmiri’s,” but as the violence escalates power begins to overtake the people, who are forced to choose political sides. The political division runs down religious lines with Muslims wanting to join the Muslim state of Pakistan and Hindu’s wanting to join the more appealling secular state of India.

That the law in this situation becomes magically real can be found in a a passage in which Rushdie explores the legal pposition of Colonel Kachhwaha of the Indian Army: “[t]he legal stance of the Indian military presence in Kashmir had the full support of the population, and to say otherwise was to break the law.” Kachhwaha makes it clear the breaking the law and being criminal are the same thing. What we see from this is that the law has magically created a situation in which full support of the population is given. The right to dissent is undermined , by the idea of a thought crime. The result is an illusion, but one that is still none the less a fact.

Later, Kachhwaha realizes that the Kashmiris on the Indian side of the partition are ungrateful for the war, that they still sought self determination. On that side, only Kashmiris are allowed to own land, but on the far side anyone can the land was being populated by non-Kashmiris. Kachhwaha sees this as the answer “the valley should be emptied of all these people and refilled with others.” Kachhwaha’s sentiments demonstrate the meaning of identity under the law. On the Pakistani side Kashmiri meant land ownership in Kashmir, an the Indian side it meant something deeper and more historical. Kachhwaha endorses a change in the law to redefine the identy of the people in Kashmir in order to garner support needed for his conquest, a use of the law for political ends and not necessarily justice.

The severe problems in Kashmir arguably could be traced back the West’s disengagement from its colonies in the region, which left a semblence of the Western order, but one that was having trouble adapting to Eastern ideals. It is not fair to say that these former colonies were completely abandoned, the West still sought to control them. Thus Max Ophuls enters the story as the US Ambassador to India. He is sent in the midst of the US trying to exert its power in this part of the world, and India is a problematic area for them. The US is cozy with Pakistan at the time and willing to turn a blind eye on Sino-Pakistan relations. This of course causes tension with India, who is at war with Pakistan. Thus Max is sent to give “those Indian gentlemen . . . a good old American spanking.” Max symbolizes the West’s attempt to re-exert its power and values on the region.

Max attempts to resolve the problems between the two countries by attempting to get them to engage in International Cooperation. At the same time though he has inserted himself between the two. As represented in his seduction of Boonyi and her estrangement from Shalimar. He negotiates a “joint statement of accord” between himself and his new mistress, and she leaves her village, her husband, and more importantly her identity. When Max no longer needs her she is abandoned, pregnant with his child.

Boonyi returns to her village, but finds that she has been declared dead in and official and legal sense. She has been made a ghost by the law as “the dead have no rights” and no property. This idea plays directly into Rushdie’s commentary on identity. The law can change ones identity quite easily, i.e. from Kashmiri to Indian to Pakistani. This identity changed again for Kashmiri’s when Kashmir was declared a “disturbed area.” The criminal code gave immunity to public servants (including soldiers) for crimes committed in the line of duty. Furthermore, “in a disturbed area, search warrants were not required, arrest warrants ditto, and shoot-to-kill treatment of suspects was acceptable.” Thus Boonyi’s fear of attempting to come back to life and claim her rights only to be murdered is realized for the whole region. By asserting rights the ghosts that were citizens can be murdered. The criminal procedure was amended to allow torture and jailing without charges (particularly if the person challenged India’s territorial integrity in Kashmir. A presumption of guilt was allowed, and a failure to disprove the presumption would result in the death penalty.

Shalimar, becomes a terrorist and an assasin. his sole goal in life is to Kill Boonyi and Max (or maybe their mataphorical counterparts. In this we can find what I think is the most important message of the book. Effects of these turmoils are felt world wide. Insurgents in Kashmir tap into a network of terrorists who rely on different nations with shifting allegiances for funding and weapons. Max is one of the people that doles out this secret assistance. Shalimar comes to the states to assassinate Max. He lives with Max and understands Max, but Max never understands him. Thus killing Max can only be an external message (i.e. terrorism), because Max will never understand. This is a wonderful metaphor for terrorism in general. Terrorists often insert themselves into a culture in order to carry out their missions. So often though the people that become their victims have no real understanding of what the terrorists complaints are. It is an external message only.

The book ends with two significant items. First, Shalimar is taken into the American Justice system where justice is given. However, Rushdie doesn’t leave it at that. While the American justice system is one of the most highly developed in the world it has its moments where it is “a mirror of everywhere else.” Rushdie points to high profile Los Angeles cases as examples including the gas chamber, Rodney King, and O.J. There is a wonderful bit of lawyering where Shalimar’s Lawyers attempt to use a sorcerer’s defense wherein he argues that Shalimar has been bewitched by India/Kashmira (Max and Boonyi’s daughter). The defense claims that Shalimar was under the belief that sorcery was real and that he was under “extreme vulnerability to external manipulation.” His case however is lost when India/Kashmira testifies that Shalimar also killed her mother. While Shalimar’s case is interesting it isn’t the legal thrust of the book (but is probably worth a more in depth look than I have given here).

The second event of signifigance is that after Shalimar kills off an old ideal (Max), we find that he too is an old ideal. His ideas about identity are just as out moded as Max’s, thus he has to now confront India/Kashmira who represents a new globalized world. One which recognizes its Western legal traditions, but at the same time is willing to embrace new ideas emerging from around the globe. Significantly, Rushdie leaves us at the moment of confrontation and with no resolution.

Salman Rushdie


Brown, Dan. Angels and Demons (2000).

May 17, 2007


“‘I guess lawyers haven’t evolved much over the centuries.’

‘Neither have sharks.'”

I have read another Dan Brown book. It must be that I am a glutton for punishment. Really I blame my wife, both of these books have found their way into our home and been carelessly left on the shelf, and I (due to mild OCD) have been compelled to pick them up and read them. Oh, the injustice.

Angels and Demons is a prequel to The Davinci Code and despite having some terrible plot holes and a simply ridiculous ending is, in my opinion, a better book (note: this doesn’t say much…its like saying that Jeffery Dahmer was a better serial killer than Jack the Ripper – they were both awful). It has a more flow and more a more action. Even the stakes are a little higher as it has Robert Langdon rushing about Rome trying to keep cardinals from being murdered and the Vatican from being destroyed (compare to the loss of some documents no one will ever read). But let us not kid ourselves it is essentially the same book as its progeny.

It does a have a smattering of all sorts of law in it, but no continuous themes of any sort, so (for those of you that care) here it all is set out quite haphazardly. It should be noted that these are the representations of law in the book and Mr. Brown isn’t exactly known for his historical research.

Air and Space Law – When Langdon is initially swept up into this crazy mess, he boards a space plane (the Boeing X-33) that took him up to 60,000 feet, but according to the pilot if they’d been going to Tokyo it would have gone up a mile. The legal question is one of International Space Law and the delimitation of space. The unresolved issue of where space begins has been kicked around since the sixties and the two competing views on making the determination are one that is based on the function of the craft and one that is based on a set altitude. This craft could go into a space where it would be unclear whether space law or aviation law applied. Furthermore due to its hopping around the world, it could become quite muddled as to what state is the launching state for purposes of the liability convention.

Later in the novel, Langdon must convince a pilot that Vatican Air Law could be ignored due to the circumstances.

Immigration Law – Langdon is able to bypass a passport check in Switzerland due to a “standing agreement with the Swiss government” that CERN has. He then gets into Italy and the Vatican the same way. Brown doesn’t tell us how he gets home.

Natural Law – Brown’s plot device of starting his books with a dead father, has a man who saw physics as “God’s natural law” killed.

Church and State – Maximillian Kohler, when discussing the tension between science and religion, notes that “half the schools [in the United States] are not allowed to teach evolution.”

Religious Law and Canon Law – Langdon, when asked about his religious beliefs, states that he struggles with religion because all the competing religions require adherence to a “code.” Non-compliance is of course the punishment of hell. He doesn’t think that God would “rule” that way. This highlights the idea of God as a law giver and a ruler, which defines God in mans political terminology.

Canon Law is where the book really shines (legally speaking, otherwise it doesn’t really shine at all). The entirity of the novel occurs during a Vatican Conclave to elect a new Pope. Brown goes into detail about the process. The “protocols,” according to the Swiss Guard commander, Olivetti, “are holy – not subject to modification.” These protocols require, according to the book that the Cardinal that is elected must be in the room at the time of the vote, once closed the conclave cannot be opened except to remove the ill or to admit late cardinals, and that only Cardinals are eligible for the job (although a Vatican scholar at the end of the book declares that a noncardinal can be elected by adoration according to ancient Vatican Electoral Laws). Of course later one of the cardinals moves to set aside the protocols as “man’s laws.”

Langdon and Vittoria can’t get anywhere with Olivetti so they request to see the chamberlain. As an interesting point of Law, when the Pope, head of state of the Vatican, dies “complete autonomous power” is transferred to the Pope’s personal assistant until the new pope is elected. The chamberlain later tells Olivetti that “by law” he is in charge. Langdon later uses this to his advantage to get into the Vatican archives which can only be done by either written decree from the Vatican Librarian or by Papal Mandate. Since the chamberlain holds that position he can deliver the mandate.

Brown also discusses what happens upon the popes death. Traditionally, the Chamberlain confirms the death by checking the Pope’s pulse and calling the Pope’s name three times. There is no autopsy “by law.” This is because the Pope’s body is seen as holy and shouldn’t be violated for forensic curiosity. However, the tomb is reopened in the novel due to a command from the chamberlain who feels that the law must be violated in order to preserve the Church.

Also of note is that Langdon has to search through the documents of the “Galileo Affair,” “the longest and most expensive legal proceedings in Vatican history.” We later find out the Galileo’s “legal trouble” began when he described planetary movement as eliptical (which differed from the Church’s view of circular).

There is reference to Rome in the 1600s when churches were, by law, the tallest buildings. And also that when an artist created art under the patronage of popes back then that the work automatically became property of the Vatican.

Law and Economics – Langdon gives an account of the masonic and illuminati symbology found on the United States $1 bill. He attributes this to Vice President Henry Wallace who was a high ranking Mason and would have had Illuminati ties. Wallace told Roosevelt that the Latin Novus Ordo Seclorum meant New Deal, Roosevelt accepted that because he was also a Mason. I always knew something trippy was going on on that bill.

Later the book reveals that President Woodrow Wilson gave radio broadcasts that warned of the Illuminati control over the U.S. Banking System.

Vatican Law – Throughout the book Langdon deals with the Swiss Guard who are both the police force and the military of the Vatican City. Initially they are very concerned with the Vatican dress code because Vittoria, the girl in the book, is wearing shorts (that’s a no no at the Vatican in case you are wondering).

One of the BBC journalists that gets involved, is asked to hand over film by the Swiss Guard. She claims that under Article 12 of the Free Press Act the film is property of the BBC. I don’t know if the free press act is International, British, or Italian, but it makes no difference as the Swiss Guard retorts that due to the holy doctrine governing the Vatican that she is subject to search and seizure. This teaches you not to mess with the Swiss Guard no matter how fru fru they look in that outfit.

English Law – It is mentioned that Churchill once said that “if English spies had infiltrated the Nazis to the degree the Illuminati had infiltrated English Parliment, the war would have been over in one month.”

It then turns to the 1998 decree by the Parliment Committee Chair, Chris Mullin, that all members of parliment who were Masons must declare their affiliation. This decree eventually applied to Judges and Police Officers (all three branches of government there). This was in response to “concern that secret factions within the Masons exerted considerable control over political and financial systems.”

Italian Law – The young Chamberlain, at 16, was obliged by Italian law to serve two years in reserve military training. He chose to do this even though he could have avoided his duties by going ahead and entering seminary.

Angels & Demons
Dan Brown