CAPÍTULO VIII: IMPUTACIÓN EN LOS DELITOS IMPRUDENTES
3. CAUSALIDAD E IMPUTACIÓN OBJETIVA
3.2. Imputación del resultado:
Rather contradictory to the common perception the digital is also empowered along similar lines. In an epoch that values originality and materiality, it has long been painted with the brush of mere mimesis. Often disregarded entirely or seen as an inferiority that may have detrimental effects upon the material, its (lack of) attributes has seen the digital devoid of any worth (Cameron, 2007; McCourt, 2005). However what the digital encompasses requires further examination. The digital has a history and scope beyond contemporary understandings (Bagnall, 2008). However at its simplest here, the digital can be defined as something that operates through the transmission of electronic signals that are interpreted by a device or devices as a series of discrete values, commonly zeros and ones (Allison, Currall, Moss & Stuart, 2005). When these zeros and ones are part of a bitstream, they can be taken together and encode information into a particular format and in doing so become they a digital object (ibid., p. 368).
Moreover, fundamental to understanding the digital is the notion of fixity, or more specifically the lack of it in the digital object. Unlike its physical counterpart the digital object is inherently malleable. In Kallinikos, Aaltonen and Marton’s (2010) A theory of digital objects four defining features are posited. Away from the limits of fixity a digital object is editable, interactive, open and distributed, as well as being both granular and modular in compositional texture. These, with the binary nuclei at the heart of the digital object, have given it a distinct genesis and an ontological potentiality that mimics that imbued in the virtual. This is something echoed by Evens (2010), in his observation that the digital is something of a paradoxical entity in its limited yet limitless form. Reflecting the finite’s possibility of infinite variations within the study of complex systems or a Spinozan syllogistic determination, the digital under these tenets represents a non-‐lineal, non-‐fixed space.48
Recognising that this pliable and transfigurable nature has the potential to produce a less accountable environment, Kallinikos et al. (2010) also argues that disconnecting the digital object from its inherent attributes and creating the digital document is a practice base less on capturing cultural artefacts than constructing them. This implicates two practices, firstly a denouncing of the predicate to which traditional objects are generally collected, based upon premises of authenticity, provenance, and integrity (Seadle & Greifeneder, 2008). Secondly, a new object is created that is delimited by its own catchable determinates. Therefore, what is captured as a digital document is often selected based upon it catchability rather than legitimacy as cultural artefact. This reflexivity dictates that what is caught is not a unique artefact but a transformed version that represents a closed, fixed or determinable understanding or representation of it.49
Nevertheless, utilising the digital objects conceptual framework it is possible to contrast the digital with that outlined of Deleuze and Ngā kete o Mātauranga. Although ostensibly limited to non-‐materiality the digital in its pure form (energy) is unknowable but through the process of coding (differentiation/differenciated) the potential begins
48 See Faulkner and Runde (2011) for an alternative exploration of non-‐material (quasi) objects. 49 This echoes the structured/structuring nature of Bourdieu’s habitus and Kirshenblatt-‐
to assume form until it is actualised into existence.50 Again this implies that the digital is a processual entity with its capture (in a digital document) never constituting the entirety of the digital environ.
Thus in drawing comparison between Maori epistemology and Deleuzean philosophy, it is intended to acknowledge that Māori and Western conceptuality are not irrevocably disconnected but can be understood along comparable lines of thought. By focusing upon taonga as a uniquely active agent, it acts as the filter to which these normally perceived divergent modalities can be articulated. More so, as a non-‐Māori, this researcher must recognise his own position that necessarily distances himself from any Māori experience. And thereby precludes any attempt to articulate a genuine Māori understanding. Thus, Deleuze will be acknowledged as the bridge from which the researcher’s comprehension of interactions occurring shall be mediated through. In determining the digital space as field to which this research plays, this offers a third option to Srinivasan’s contention of cultural the hegemony of the internet and digital systems in general. It is not to suggest that taonga are comparable to the digital, this is not the researcher’s intention nor his right, rather the distinctly malleable qualities of the digital, the digitality, offer a space to which Brown (2008), Mills (2009), Greenwood, Te Aika and Davis (2011) have all recognised is uniquely well suited in articulating some of the complex facets of Māori culture.
50 Energy is determined to be unknowable through its abstractedness that necessitates
formulae are required to define it by its measureable effects without determining energy’s actuality. As exemplified by the wave-‐particle duality of quantum physics, in which energy as matter (light) is able to exhibit properties of both particles and waves. It is through observing that determines the outcome. Constituting a quantum event. This is equally understandable through Deleuze’s virtuality.
Case Studies – Māori culture in the digital environ
Within this chapter the three case studies are examined in detail. Each will be discussed in accordance to their specific origins and practices. Throughout all of which, special focus will be given to taonga and the digital realm, and how their particular aspects manifest themselves. However, as the case studies all hark from different areas of New Zealand’s cultural production, there is no intention to seek a compare and contrast model. Rather as individuals and a collective there is hope to reinvigorate the continued validity of Robert Sullivan’s questions posed over a decade ago.
When digitizing cultural materials, the important questions are: How do we send a message that strengthens the holistic context of each cultural item and collection? How do we ensure that both indigenous and non-‐indigenous peoples receive the message? How do we digitize material taking into account its metaphysical as well as its digital life? (Sullivan, 2002)
Te Papa and the Google Art Project
In this case study the Museum of New Zealand Te Papa Tongarewa (Te Papa hereafter) presence on the Google Art Project will be examined. While firstly providing a brief introduction to Te Papa, the Google Art Project and Te Papa’s overall presence in the Google Art Project. It will then move on to examine the objects from the Taonga Māori collection selected to be part of the project. Particular attention will be paid to a handful of individual taonga, before collectively discussing all of the Māori objects in contrast to Te Papa’s Google Art Project collection in general.
Te Papa introduction
Amalgamating the National Museum of New Zealand (formally The Dominion Museum) and the National Art Gallery, Te Papa opened its doors on Wellington’s waterfront with much fanfare on February 14, 1998. Developed out of the post Te Maori New Zealand cultural sector and the simultaneous shift to the New Museology, Te Papa was an institution that was to reflect a contemporaneous view of New Zealand culture and museological practice (McCarthy, 2007, p. 167).51 Soon after the Museum of New
51 According to McCarthy (2013), while Te Papa’s practice early blurred traditional boundaries