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The paradox of fairness

Is the world a better place if the vicious suffer for their viciousness? And what exactly are just deserts?

For as far back as I can remember language, and uttered the very last time I saw her, one of my mother’s most repeated sentences was: “Every dog has its day.” She said it aloud to herself and to the knowing, listening universe, though, when I was in the room, her eyes might be pointing in my direction. It was an incantation, voiced in a low growl. There was something of a spell about it, but it was mainly an assertion of a fundamental and reassuring truth, a statement to vibrate and stand in the air against whatever injustice she had just suffered or remembered suffering. It was, I understood, a reiterated form of self-comfort to announce that justice, while taking its time, was inevitably to come; perhaps, too, a bit of a nudge for the lackadaisical force responsible for giving every dog its day.

Hers was an other-worldly view, of justice meted out from beyond the human sphere, held in this case by an uneducated non-observant Jewish woman with parents from the shtetl, but it is a foundational promise made by all three religions of the Book, and surely their most effective selling point. My mother’s recitation of her truth belonged with another, more impassioned phrase, which I recall her saying only when sitting in a chair, rocking back and forth, or in bed, rolling her head from side to side. “God! God! What have I done to deserve this?” Generally, unlike the harsh confidence of the first phrase, it was wept, sometimes screamed, mumbled madly, wailed, moaned, and usually repeated over and over again, whereas “Every dog has its day” needed saying only once, whenever the situation merited it. Both phrases were occasioned by my repeatedly philandering, disappearing, money-withholding conman father, and each marked opposite ends of the continuum of disappointment on which my mother lived.

I learned from this, in the first place, obviously, to sneak away so that I wouldn’t get dragged in to the conversation and end up (perhaps not unjustly) as a substitute accusee for my father’s failure to care. But I learned also that she had certain expectations of the world: that the world properly consisted of a normality, and that the world had peculiarly failed her in respect of it.

From a very early age I already knew about the norms of the world, what it was supposed to be like, from nursery rhymes, fairy tales, books, films, television and radio. I knew that the most basic of all the norms was that fairness was to be expected. I doubt that I needed to be taught that; it was inward to me, never unknown, and I would guess that I knew it in some way even before I got the hang of language. I would also guess that it was the same for you.

I suppose what I importantly learned from my cursing and keening mother was that grown-ups still knew it, too. That fairness was not just one of those always suspect childish expectations – like money in return for a tooth, or a man coming down the chimney – that one grew out of.

At the same time, I learned from her that fairness was not an infallible fact of the world and that the most apparently fundamental essentials failed, yet the idea I got from my mother about this was that she (and sometimes I was included) was the only person on the planet whom the arranger of fairness had let down. All other husbands and fathers were true and trustworthy, everyone else had enough money to pay the rent and buy food, everyone else had relatives or friends who rallied round, so my mother often explicitly said. Everyone except her (and me, as the appendage inside her circle of misfortune).

It did rather astonish me that we should be so unfortunate to have been singled out, but I was also impressed that we should have received such special treatment from the universe. The stories and nursery rhymes had told me that bad things were supposed to happen to people who had done something to merit it. But my mother had no doubt she had done nothing, had been a helpless victim, yet the world was bad to her, and therefore bafflingly unfair. When she wailed to her personal inattentive God, “What have I done to deserve this?” she meant that she had done nothing.

It seemed that there was a crack in the heart of fairness, and she had fallen into it. She was innocent and deserving of better in her adulthood than her emotionally and economically impoverished childhood had provided, and yet she was receiving punishment and unhappiness in the form of my father and his bad behaviour. He, not she, deserved her misery, and yet, having disappeared and left us behind, he was living an apparently untroubled, unpunished life.

So I understood that on the one hand there was a rule of universal fairness, and every dog had to have its day, even if it was late in coming, and on the other hand that it was possible for some people to be delivered into unhappiness for no reason at all (as I grew older I understood it wasn’t just her and me). What was odd was the way my mother kept calling, albeit reproachfully, on this God who had so let her down.

I grew up to ditch the notion of a structural fairness, of a god or a nature that rewarded and punished on a moral basis. What occurred in people’s lives was consequent on their choices, their lack of choice, and the interrelation between the two, as well as high-or-low-risk-taking or simple arbitrary happenstance. I settled for a universe where narratives and meanings were fractured rather than based on moral cause and effect.

Lives were fragmented, subject to chance, not a continuing stream of moral repercussions, and although chance did have consequences, those consequences, too, were subject to chance. I recognised it in the devil’s distorting mirror from The Snow Queen which accidentally fell and broke into millions of splinters – a random shard falling into Kay’s eye but not into the eye of his friend Gerda. The story starts and takes its shape from a shrug of fate that knows nothing of you or what you deserve, but quite by accident or because of how our story-craving minds work, life could look as if it was conforming to moral judgement. I built a way to pass and describe my time around the rejection of the expectation of fairness, playing with the sharp edges of deconstructed fairy stories and tales children and adults are easily told. And I shook my head against those I came across who echoed my mother, such as, 30 years later, my mother-in-law, who contracted breast cancer at the age of 75 and asked, over and over, whenever I visited her: “How could this have happened to me? I’ve never done anything to deserve cancer.”

My attempt to grow up and away from the childishness of just deserts was, it goes without saying, no more than a position I took. It was necessary and useful, and allowed me to construct narratives that were more interesting to me than the most expected ones, but naturally I never did manage to do away with the sense of outrage against unfairness that I conclude is at the heart of self- and other-conscious life. I have to acknowledge the fundamental human desire for fairness, which, turned inwards, hampered my mother and which, turned outwards, causes people to work in danger and discomfort in places of war and hunger to improve imbalances of fortune.

Desert, the noun deriving from the verb “to deserve”, appears to be an essential human dynamic. It is at least a central anxiety that provides the plot for so many novels and films that depend on our sense that there is or should be such a thing. Like Kafka and Poe, Hitchcock repeatedly returns to the individual who is singled out, wrongly accused, an innocent suffering an injustice. Yet consider Montgomery Clift’s priest in I Confess, Henry Fonda in The Wrong Man, Blaney, the real killer’s friend played by Jon Finch in Frenzy, James Stewart in The Man Who Knew Too Much and Cary Grant in North by Northwest; none of them is – or could be according to Hitchcock’s Catholic upbringing – truly innocent of everything, and often their moral failings give some cause for the suspicion that falls on them. There is always a faint tang of consequence about their troubles.

We worry about people not getting what they deserve, but, due to religion or some essential guilt we carry with us, we are also concerned that there might be a deeper, less obvious basis for guilt that our everyday, human sense of justice doesn’t take into account. In Victorian fiction, Dickens and Hardy are masters of just and unjust deserts, as innocents such as Oliver Twist, David Copperfield, Tess of the D’Urbervilles and Jude the Obscure become engulfed by persecutory institutions and struggle, only sometimes with success, to find the life they ought, in a fair world, to have.

In Dickens, readers get a joyful reassurance after evil intent almost overcomes goodness but justice finally, though at the last moment, wins out by decency and coincidence. Hardy, in his covert modernism, offers no reassurance at all that his innocents’ day will come; his victims’ hopes and lives are snuffed out by forces such as nature and class that have no concern at all with the worth of individual lives and hopes. For both writers, however, the morally just or unjust result is usually an accident that works in or against the protagonist’s favour.

Every child ever born has at some time or other wailed, “It’s not fair.” To which the adults answer, “Life isn’t fair,” and always, surely, with a sense of sorrow and a vague feeling of betrayal, but also an understanding that a vital lesson is being imparted.

Fairness and desert are not exactly the same, I suppose; we might have a basic requirement for a generalised fairness – equality of opportunity, say – that has nothing to do with what anyone deserves, but our strangely inbuilt earliest sense of fairness provides our first encounter with the complexity of justice and injustice. Perhaps it arose even earlier than human consciousness. There are those who, like the primatologist Frans de Waal, suggest that a sense of fairness is an inherent emotion in monkeys:

An experiment with capuchin monkeys by Sarah Brosnan, of Georgia State University’s CEBUS Lab, and myself illuminated this emotional basis. These monkeys will happily perform a task for cucumber slices until they see other getting grapes, which taste so much better. They become agitated, throw down their measly cucumbers, and go on strike.

I’m not sure if this is exactly a sense of fairness. If so, it is a limited, unidirectional sense. Perhaps a sense of unfairness precedes the more general idea. I imagine a full sense of fairness would be demonstrated by a capuchin throwing her grapes down when she sees her fellow worker receiving cucumber. All for one and one for all. I couldn’t find any experiment that showed this.

A sense of personal unfairness may be all that is experienced by small children, too. It is always easy enough to come up with the idea that we have been morally mistreated. We manage to do it from a very young age and, like my mother-in-law, continue to the end of our lives. That others might deserve something is a more sophisticated thought. Usually, before any egalitarian fervour has a chance to emerge on its own, we have introduced the children, if not the monkeys, to the concept of desert. You get the grape for good behaviour, or helping with the washing-up, or not hitting your baby brother when he hits you, and you don’t get a grape if you throw a tantrum, or refuse to put on your socks. In this way, you and your brother get different amounts of goodness according to some very general rule that you are not much in a position to question, and the inherent problems of universal fairness are put into abeyance, except in the deepest dungeon of our consciousness.

There’s a revival of the childish sense of unfairness in adolescence when they/we cry, “I didn’t ask to be born.” To which we/they reply, again with an implication of just des - erts: “The world doesn’t owe you a living.” But neither party explains how either statement asks or answers the difficulty of unfairness in the world.

I dare say all this harks back to our earliest desperation – the battle for the breast – with the helpless infant demanding that her hunger be assuaged and demanding comfort for her discomfort, the formerly helpless infant now in charge and having the capacity to deny it. It starts in a milky muddle and goes on to just des(s)erts. It is astonishing, actually, that the word for pudding in English is not, as it plainly ought to be, related to the desert that is getting what you deserve.

Nevertheless, eventually the hard-learned reward and punishment system becomes social glue and enters into the world as law and civic organisation, as a clumsy attempt to solve the insoluble. The legislation starts early, in the family, and is a necessity in the community and the state, because, in any unlegislated situation, goodness and altruism are not necessarily rewarded on an individual level. Payback, positive and negative, is rarely found in the wild, and only sometimes in what we call civilisation. Cheats very often prosper and an eye for an eye is a brutal, primitive formulation that advanced cultures (us, as we like to think of ourselves) reject as a kind of exact justice that lacks all mature consideration of circumstances. Yahweh hardly applied fairness when he repaid Job’s devotion with vastly incommensurate loss just to win a bet with Satan. And certainly the knotted family romance that is the basis for Judaism, Christianity and Islam, involving Abram, Sara, Isaac, Hagar, Ishmael and Yahweh, is resolved only by Abram’s adultery with Hagar, then Hagar’s expulsion with her son, nearly ending in their death, and the near-filicide of Isaac. All the victims are as completely innocent as human beings and God can be.

In an attempt properly to get to grips with the idea of fairness, justice and desert, I have recently been struggling with the story of Amos, Boris, Claire and Zoey. They are the protagonists in a drama plotted by Shelly Kagan in his new book, The Geometry of Desert. To simplify, but only slightly, all four of them are injured by an explosion at work. A fifth person, You, comes along with a syringe containing a single dose of painkiller, while they wait in agony for the ambulance.

There is no point in giving everybody a little bit; it won’t help any of them enough. Whom do you give the single useful dose to? At this point, the devastation fades into the background and we learn that Amos was hurt as he happened to walk past an explosion from a device planted by the disgruntled or revolutionary Boris, who failed to get away in time, and that Claire, who instigated the bomb attack and set off the detonator, stood too close and was also injured by the blast, while Zoey came on the horrible scene and was wounded by a second blast as she was trying to go to the aid of the other three. The carnage can now return to the forefront of your mind and you have to choose whom to help with your exiguous morphine supply.

The first thing that should become clear before you start mulling over whom to assist is that you are, in fact, in the middle of a philosophical thought experiment. If you are, like me, a novelist with a resistance (as well as a –probably related –hopelessly inept attraction) to this kind of theoretical reasoning, you might reject the entire scenario, because it never happened and your plot is as good as anyone else’s. No, you think, as if you were back in school rebelling against the insistence that all lines meeting at infinity is a given, I don’t have to make any choice at all.

The bomb at the factory didn’t go off. It was never set in the first place. Boris and Claire are gentle vegans who have no animus that would impel them to set a bomb, and no one is hurt. Amos, Boris, Claire and Zoey can continue their ordinary daily business, perhaps never even meeting, or, if they do, knowing nothing about the drama that never happened and which they all failed to be involved in. Or perhaps each of them becomes the protagonist of his or her own novel of which You, and not Shelly Kagan, are the author – the A, B, C, Z Quartet.

In my version, You’s choices are broadened infinitely, there is no given, and I can simply refuse the parameters of the thought experiment because I am not a philosopher, I do not wish to be restricted to the terms set by someone else for their own didactic purposes, and likely I’ve got several deadlines that don’t depend on figuring out how much or how little guilt deserves the morphine and why. And so, once again, I fail to get to grips with academic philosophy.

The Geometry of Desert considers both the fundamental and the complex nature of deserving. Kagan poses familiar questions initially (what makes one person more deserving than another?; what is it that the more deserving deserve more of?; does anyone deserve anything at all?) and then puts them aside in order to examine the underlying complexity of desert by means of graphs that represent his elaborately anatomised notion of desert and all the possible implications and interactions between its teased-apart elements. This graphical representation of desert is, he says, the most important and original part, and the point, of his book.

Which I dare say it is, but I got no further than my enjoyment and childish rejection of the initial elementary narrative. If I were Alice, the Wonderland in which I find myself wandering, enchanted but fearful and utterly baffled, would be geometry, algebra and (as Alice also encounters) formal logic. I am, if it is possible, spatially challenged. Maps and reality completely fail to come together in my brain. My eyes tear up and the trauma of school maths lessons returns to me as Kagan translates away from situation to number and algebraic representation to devise graphs whose plotted lines meander across their grid in a, to me, mysterious arithmetical relation to each other. I’m rubbish at all things numerical and graphical and, with all the will in the world, which I started off with, I could no more have read the greater part of Kagan’s book with comprehension than I could read the Bhaga­vadgita in Sanskrit.

And yet and yet, I can’t get away from the foothills of desert. I can’t shake off the elementary problems that Amos, Boris, Claire and Zoey create, lying there, waiting for that ambulance, me with a hypodermic full of morphine still in my pocket. Amos and Zoey innocent as lambs, but perhaps Zoey more innocent, having put herself in harm’s way in order to help the others? Boris and Claire guilty, for sure, but is Claire, the initiator of the harmful event, more guilty than Boris the foot soldier? Does it go without saying that I should perform a moral triage in order to decide which sufferer to give the morphine, based on the hierarchy of guilt and innocence? Kagan calls it “Fault Forfeits First”, so that Zoey would be first in line for the morphine and Claire and Boris at the back of the queue. But he points out a basic division in Fault Forfeits First, between the “retributionists” and “moderates” who subscribe to that belief.

The retributionists would not give Claire or Boris any morphine even if some were left over after soothing Zoey’s pain, because they deserve to suffer, having caused suffering. The moderates believe that no one should suffer, but that the innocent Amos and Zoey should be helped first if a choice has to be made. The world, the moderates believe, I believe and perhaps you believe, is improved by an improvement in everyone’s well-being. The retributionists think that the world is a better place if the vicious suffer for their viciousness.

But, as John Rawls claimed early in his career, unless you completely accept free will in people’s behaviour, unclouded by fortune or misfortune in birth, education or life experience, it is possible that no one deserves anything as a result of his actions, good or bad. The first instinct is to give Zoey the pain­killer, other things being equal. Other things being equal is the problem. Why, when you come to think of it, does Zoey deserve less pain or more well-being on account of her good will? Did she have a particularly fortunate upbringing or, indeed, an unfortunate one that inclined her to acts of benevolence? No one is culturally, genetically free of influence. In any case, she had no intention of being injured when she went to help. And who knows why Claire, who conceived a bomb and detonated it, became the person she did?

How do we know (butterfly wings beating in the rainforest, and all that) if there might not be something we are not aware of that would make it more beneficial to give Claire the morphine? What if she has information about other bombs that have been planted? And what if, given an “undeserved” benefit, she came to rethink her viciousness? There may be more purely angelic joy in heaven over such a change of heart, but there are also very good practical reasons to rejoice far more, here on earth, over the redemption of one sinner than over 99 people who do not need to repent.

The retributionists and the moderates believe as they do for the same complicated reasons as the good and the vicious. In the practical world, getting just deserts is enshrined in legislation, and justice is separated from fairness, precisely to avoid the endless entailments of the philosophy of desert. It isn’t so surprising that there have been 20 seasons of Law and Order, which in every episode neatly segments and plays out the uncertainties of policing wrongdoing and providing justice. Finally, I suppose, we have to settle for the muddle of “good enough” fairness, while thinking and trying for something better. But don’t try telling that to my mother.

Jenny Diski’s most recent book is “What I Don’t Know About Animals” (Virago, £9.99)

This article first appeared in the 01 April 2013 issue of the New Statesman, Easter Special Issue

LAURA HYND FOR NEW STATESMAN
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Rebel with a realist cause

Michael Winterbottom, Britain’s busiest film-maker, discusses cinema, social mobility and how we are returning to the 19th century.

In the early 1960s, Lindsay Anderson was enjoying the power and esteem that he had always thought the English would be too philistine to grant him. His Free Cinema movement, launched in February 1956 with a series of modest, hand-held documentaries and a strident manifesto, had mutated into “kitchen-sink realism”, a series of popular feature films that included Tony Richardson’s Loneliness of the Long Distance Runner, Karel Reisz’s Saturday Night and Sunday Morning and his own This Sporting Life. Anderson seemed dangerously close to becoming the  leading spokesman of mainstream British cinema. But then, as he recalled, “Realism gave way to the myth of Swinging London. The Americans, God bless them, put up a lot of money and the British made a lot of bad films.”

When, bored and broke, the Americans went home, taking many of his colleagues along with them, Anderson stayed behind. He made if . . ., which won the 1969 Palme d’Or at Cannes, and a sequel, O Lucky Man!, and then – nothing. For most of the 1970s, British cinema was virtually an oxymoron. But when the industry came back to life at the start of the next decade, with GandhiChariots of Fire and the formation of Channel 4 Films, he refused to celebrate or capitalise, preferring to tut and clutch his brow.

In November 1985, the month when his former protégé Stephen Frears first startled a general British audience with My Beautiful Laundrette, which updated kitchen-sink realism with new causes (multiculturalism, gay rights) and villains (Thatcher, the National Front), Anderson was making gentle progress on a backward-looking endeavour – a television documentary about Free Cinema, to form part of an initiative he despised called British Film Year. A born dawdler, equally petrified of success and failure, he was having trouble with the stills and inserts. “I finally get the operation organised,” he wrote in his diary, “by insisting that the attractively cherubic Michael Winterbottom be my assistant.”

When I spoke to Winterbottom last year, he told me, “Lindsay Anderson was a director I really admired and I wondered why he had made so few films. Then I met him. There was a lot of messing around” –bickering, procrastination, mischief. And perfectionism: “Even on the Free Cinema documentary, he ended up reshooting ­everything.” Winterbottom wanted to emulate Anderson’s work – the intransigence, the looseness – but he realised that in order to follow those examples and still have a career, he needed to make peace with prevailing industrial conditions and devise a plausible, even hard-nosed working method.

Three decades later, he is constantly in work. Alongside Frears, he is Britain’s busiest film-maker. At any given moment, he occupies two or more points in a process that goes something like: development, financing, casting, filming, editing, festival circuit, domestic release. But where Frears has graduated to working with Hollywood studios, Winterbottom relies on independent financing and employs a no-fuss, often hand-held, digital shooting style. David Thompson, the former head of BBC Films who is now an independent producer, told me, “Michael pioneered a way of working that we tried and failed to get other directors to adopt: if you can’t get the crew in a minivan, then you’ve got too many people.”

The results so far have included 24-Hour Party People, a comedy about the Manchester music scene that captured Winterbottom’s own philosophy of productive chaos, and 9 Songs, in which a climatologist recalls a relationship through nights at rock concerts and uncensored days in bed. Winterbottom’s most recent film, The Emperor’s New Clothes, a documentary about inequality, presented by Russell Brand, was his 28th. And that doesn’t include The Trip, the BBC2 comedy series starring the comedians Steve Coogan – a Winterbottom regular – and Rob Brydon, which was released outside Britain as a pair of films, The Trip and The Trip to Italy: to date, his only sequel.

***

Working alongside the producer Andrew Eaton, Winterbottom has established an atmosphere of rigour and determined focus that allows him to take risks. Eaton, who has known Winterbottom for more than 30 years, told me that “no other director comes to set with such a strong sense of what he’s trying to get combined with a complete openness to what could happen in the day”. When Winterbottom was making the family drama Wonderland in the late 1990s, he took his skeleton crew into London bars that were open for business. Punters became extras. “The people in a place are so much part of the environment,” Winterbottom said. “We were trying to get a different texture, to let the characters interact with the real world.”

Winterbottom and I were having breakfast in a London hotel restaurant. When I arrived, he had just finished a television interview about The Face of an Angel, a rumination on the Amanda Knox trial starring Daniel Brühl and Cara Delevingne, which opened in 2014 to baffled reviews. Winterbottom, who turns 55 in March, still looks like a cherub, but a cherub going grey at the sideburns. He is affable, even happy-go-lucky, but also remote – withdrawn. His gaze carries a slight air of wistfulness, as if he is distracted by some opportunity five yards beyond your shoulder. And though he talks very quickly, he is a specialist in prevarication and reversal. Assertions are parried, questions dodged. But when he’s comfortable, he’s fluent.

Winterbottom continued to tell me about the thinking behind Wonderland, which many consider his greatest film. He compared it to Notting Hill, which was being shot further west around the same time. “As soon as you go in and control everything, you’re destroying the essence of what London is. If you want to catch what normal life is like, you have to work in quite a small way, a hand-held way, in real places.”

Yet Wonderland is never dowdy. Shots of, say, an average night at the Slug and Lettuce or the bingo hall, or yet another frustrating afternoon at Selhurst Park, are offset by the lithe, buzzing images (a 16mm negative blown up to 35mm), the restlessly inquisitive editing and Michael Nyman’s soaring symphonic score. The result far exceeds anything made during the kitchen-sink period in the breadth of its humanism and the range of its social portraiture, and deserves to be recognised as one of the great achievements of British cinema.

The Scottish actress Shirley Henderson said that working on Wonderland, the first of six collaborations, wasn’t like being on a film set, with “caravans” and co-stars. “You were just waiting on a pavement somewhere.” To help Henderson research her role as the working-class Londoner and single mother Debbie, one of three troubled sisters, Winterbottom sent her on what she called “errands”: going clubbing in character, or visiting the sort of hairdresser at which Debbie worked. Henderson added the details garnered on these field trips to a screenplay, written by Laurence Coriat, that was treated as far from sacrosanct. Speaking generally of her work with Winterbottom, she said: “You know the lines – and you might get to say them, you might not. He might run the scene another five minutes after your lines are finished.”

I asked Henderson how Winterbottom’s toss-the-script-aside approach compared with the process favoured by Mike Leigh, who directed her in Topsy-Turvy. With Leigh, she said, “You improvise for hours to find a honed scene that you shoot the next day. With Michael, it’s a quicker process. You don’t rehearse as such. You’re improvising on film. If he’s not got enough, he’ll just go again and again and again.” At breakfast, Winterbottom, who recoils from analysis, defined his ambitions with a shrug: “Try to keep it simple, get as close to the characters as possible, encourage actors to be spontaneous.”

Wonderland was Winterbottom’s sixth feature film and marked a breakthrough for him, in particular a turn away from the professionalism of Welcome to Sarajevo, his polished, starry account of TV journalists covering the Bosnian War, in favour of a realist aesthetic. He told me that he doesn’t see himself as part of any movement – “What, like Free Cinema? No, no” – but his desire to find an alternative to conventional dramatic narrative connects him to a loose group of artists and writers intent on bringing more “reality” into their work. Prominent among them are the authors David Shields, who mentions Winterbottom in his manifesto Reality Hunger, and Karl Ove Knausgaard, whose My Struggle series Winterbottom has been reading (“I’m very impressed”). But where Shields and Knausgaard have turned away from the novel in favour of more direct, less dissembling forms such as the memoir and the essay, Winterbottom’s desire to get as far away from artifice and as close as possible to hectic, complex, undramatic life has resulted not in a choice of one form that solves all the problems but a sensibility that he brings to a range of genres.

Winterbottom’s war against tidy artifice has taken various forms. Sometimes it is built in to a project’s conception: he made 9 Songs because he thought that his previous love story Code 46 had been timid in the way it presented sex. It has determined his approach to source material. When he was adapting Thomas Hardy’s Tess of the d’Urbervilles as Trishna, he combined the roles of the “spiritual” Alec and the “sensual” Angel because, he told an interviewer, “most people are a combination of both”. But with Jim Thompson’s novel The Killer Inside Me, he took the opposite approach: he found Thompson’s portrait of psychosis so complete, so convincing, that he treated the book “like the Bible”.

Winterbottom’s widely acknowledged formal innovations are a means to an end. I mentioned the editing in his 2008 film, Genova, which constantly prevents exchanges and encounters from settling down into a set piece. He dismissed the idea that he was consciously experimenting. “When you’re making a film, you’re worried about the specifics of what you’re trying to do and then building out from that,” he said. The starting point of Genova is the dynamic between the dad and the two daughters. “I have two daughters [from his 13-year relationship with the teacher and novelist Sabrina Broadbent] and one aspect of the film, like with Wonderland and London, was to portray a relationship that I would recognise. The aim was to not make it dramatic, because your relationships at home aren’t very dramatic.”

***

In his diary, Lindsay Anderson – who often quoted the ancient maxim “Character is destiny”– marvelled at Winterbottom’s ability to attend to things that mattered and ignore the things that didn’t. Where Anderson was an idealist and a perfectionist, Winterbottom was “wholly unsentimental” – “conscientious” in tracking down stills, his assigned task, but “quite happy to absent himself from crucial, if routine stages of finishing”.

It was partly a product of breeding. Where Anderson, scarred by boarding school, loved to defy those with power (having a private income helped), Winterbottom attended the local grammar school in Blackburn and grew up in kitchen-sink territory; a scene in John Schlesinger’s 1962 film A Kind of Loving was shot at the factory where his father worked. When he was a teenager, his favourite book was Jude the Obscure, Hardy’s novel about a farm labourer who dreams of going to Biblioll College, Christminster. Winterbottom made it to the real-world version – Balliol College, Oxford – where, in a desultory, distracted way, he studied English. (In 2012 he returned to Oxford to become the first Humanitas Visiting Professor in Film and Television.)

Winterbottom likes to say that he’s simply attracted to good stories and interested in the same things as “everybody else”, but The Emperor’s New Clothes, which came out in April last year, emerged from his personal history. A product of grammar schools and grants, he considers himself a beneficiary of the “social mobility and access” that burgeoned after the Second World War. (He campaigned for Jack Straw in Blackburn in 1979.) “The idea that to be ‘modern’, you need an unregulated free market that helps the rich get richer is bullshit,” he said, adding that its widespread acceptance has been “one of the triumphs of that ideology”. He continued, “We had a phase of about fifty years where what was ‘modern’ was the idea that things will get fairer – there will be a narrowing of the gap, maybe not in a radical way, but at least a general trend in that direction.

“It’s fairly hard to believe that we used to collectively own the water, gas, coal, trains, telephone. People were being taxed at 98 per cent on unearned income, 83 per cent on earned income. Instead, we’ve returned to the 19th-century idea that if you’re born poor, you’re going to stay poor.”

After his English degree, he completed a one-year course in film-making in Bristol. Then he needed a job.

“There was no way I would have been able to hang around and do ‘internships’,” he told me. “I became a trainee assistant film editor at Thames Television” – which is how he came to work for Anderson and where he was given his first professional directing job, on a pair of documentaries about the Swedish director Ingmar Bergman, from whom he learned that if you establish fruitful partnerships and retain a clear sense of what you’re trying to achieve, film-making is “not that hard”. (Bergman may have been “just as complicated psychologically” as Anderson, “but when it came to the work, he was disciplined”.)

In 1993, after the Bergman documentaries and then a run of commissions in television drama, including the opening episodes of Jimmy McGovern’s ITV series Cracker, Winterbottom was itching to make his first feature film. Frank Cottrell Boyce, a friend from Oxford, had written a script entitled Delirious, about car thieves in Liverpool, but it was failing to attract a backer, so they moved on to a new idea: another crime thriller set in Lancashire, but with a difference – it could be done cheaply, with money cobbled together from public funding bodies. “All our anger and frustration about not making the other one went into it,” Winterbottom recalled. “We did it for nothing. It was a very stressful phase. And that was Butterfly Kiss” – in which a pair of chalk-and-cheese lesbians cause havoc on the M6.

In Icons in the Fire, an attack on “practically everyone in the British film industry”, in which Winterbottom is one of the few heads spared, the critic Alexander Walker recalled his surprise when the director followed up Butterfly Kiss with a “period drama”. But Jude – the first of Winterbottom’s three Hardy adaptations – was fast-moving and stark, not at all Merchant-Ivory. After Jude, there came, in swift succession, “Bosnia war reportage, period western, East End soap opera, Ulster social comedy, glam-rock clubland, overland asylum-seeking” – the films in question being Welcome to SarajevoThe ClaimWonderlandWith or Without You24-Hour Party People and In This World. (Walker forgot I Want You, which should probably be characterised as Hastings psychosexual noir – still, somehow, a genre of one.) “Bewildering,” Walker concluded: “at the same time, curiously courageous for a British director.”

***

Winterbottom has continued in this bewilderingly courageous way, combining speed with variety, adding to his genre hoard and keeping the operation small. While former collaborators such as Rachel Weisz and Kate Winslet have been starring in globetrotting thrillers and 3D blockbusters, or, in the case of Christopher Eccleston, David Tennant and Peter Capaldi, playing Doctor Who, Winterbottom has carried on telling intimate tales about what he calls “home, family, things like that”; among them Everyday, a drama about a struggling mother (played by Shirley Henderson) that was shot over five years. Where his near contemporary Danny Boyle went off to make Slumdog Millionaire, Winterbottom made Trishna, an Indian adaptation of Tess, described by its star, Freida Pinto, who was also the lead actress in Slumdog, as “a hardcore independent project”.

Generally, his dealings with the US have been marked by resistance. On its release in 1997, Harvey Weinstein’s company Miramax distributed Welcome to Sarajevo – even screened it at the White House for Bill Clinton. But when Weinstein offered Winterbottom $1.5m to direct Good Will Hunting the director said the script wasn’t good enough. It took him months of conversations with the novelist John Irving to reach the same conclusion about another Miramax project, The Cider House Rules. (Each film won an Oscar for its screenplay.) Winterbottom didn’t make a film on American soil until 2009, when he went to Oklahoma to shoot The Killer Inside Me, a thriller whose violence against female characters prompted outrage and earned him a nomination for the Sexist Pig Award from the Alliance of Women Film Journalists. (He lost out to Mel Gibson.)

On two occasions – both before the sexist pig accusation – he had been approached by women bearing offers too good to refuse. In 2004 Angelina Jolie brought him A Mighty Heart, an adaptation of Mariane Pearl’s memoir about her husband, the murdered journalist Daniel Pearl. Then, a few years later, Naomi Klein approached him to make an archival documentary based on The Shock Doctrine, her book about disaster capitalism. (Klein later changed her mind about the format – she wanted something more topical and responsive – and the film was made without her input.) But on the whole, the ideas for Winterbottom’s films have emerged from Revolution Films, the production company he started with Andrew Eaton in 1994.

In 2001 Winterbottom and Eaton were developing a project about illegal immigrants but couldn’t decide on a starting point. Then the 9/11 attacks happened, and within a few weeks Winterbottom and the writer Tony Grisoni were wandering around a refugee camp in Peshawar, looking for young Afghan men willing to play a version of themselves and do the trip to London for real. (“I thought it was going to be in English,” David Thompson, one of the executive producers of the film that emerged from the trip, recalled. “I was somewhat surprised when it came back in Pashto.”)

The year 2003 marked the high point of Winterbottom’s acclaim. In February, barely a year after Winterbottom had touched down in Peshawar, In This World – the asylum film’s eventual title – was accepted to show at the Berlin International Film Festival, where it won three prizes, including the Golden Bear. When it was released in Britain, the critic Sukhdev Sandhu, who was born in 1970, called it the best British film of his lifetime. Soon afterwards, Winterbottom appeared in a Guardian critics’ poll of the best directors currently practising. The citation announced: “British cinema would be lost without him.”

Peter Bradshaw, the Guardian critic who wrote that citation, has been less impressed with the films he has made in the past decade. “It’s all very good letting narrative and all those traditional things go hang,” he said recently, “but it does make for a rather miscellaneous experience in the cinema.” He described the films’ “rough-and-ready quality”, which he identifies in all Winterbottom’s recent work except for The Killer Inside Me and The Trip, as “more lax than loose”, and added: “I often wonder whether he’s thinking about the next project.”

Eaton identifies misunderstanding in both criticisms. To the idea that Winterbottom’s work since around Wonderland has been lax or slapdash: “Do you have any idea how hard it is to make stuff as natural as that, to have that flow?” To those who say Winterbottom makes too many films: “If Michael was a plumber, and you asked him to do work on your house, he wouldn’t say, ‘Oh, I’m far too creatively exhausted, I couldn’t possibly do it.’ It’s just the next job.”

Thompson offered a more matter-of-fact reflection. “That’s just the way he works –he does these things in a white heat,” said. “He’s finished them before you realise he has shot them. It’s like writing a song. Some film-makers spend two years fiddling with a film. Michael would go crazy. And I don’t think the result would be any better.” (Bradshaw conceded that “part of his mojo is to keep moving – something we critics don’t understand”.)

Thompson added, “Some of his films work better than others – he knows that.” In 1997, when he had made four films, ­Winterbottom reflected on the benefit that Ingmar Bergman derived from a hefty back-catalogue: “There’s actually enough volume that if he does a comedy that doesn’t succeed, it’s merely a blip in the overall work.”

***

A few days after I first interviewed Winterbottom, I went to the Revolution Films office in Clerkenwell, central London, to meet Melissa Parmenter, the composer who is now his regular producer (Eaton serves as an executive producer). Parmenter has a fondness for rhyme: “totes mahotes”, “okey-dokey”, “good plan, Stan”. Instead of “meltdown”, she says “granny panic”. She described Michael Nyman’s music for Wonderland, not inaccurately, as “an insane score – the best score ever”.

At first, Winterbottom and Parmenter, who live together and have a four-year-old son, seem an unlikely partnership. Where Winterbottom can be evasive, perhaps defensive, Parmenter is open and unguarded. She seems clearer about who Winterbottom is than he is. She is also more outwardly passionate. During my talk with Winterbottom, he used the word “love” twice – about Nyman’s music and Robert Altman’s McCabe and Mrs Miller. Parmenter, by contrast, said she “loves”, among other things, The Killer Inside MeGenova, “the melancholy bits of The Trip to Italy”, Nyman, and “the fact that Michael does what he wants”. But under the Noughties colloquialisms and granny-panic veneer, Parmenter is grounded and – to use a phrase that she might – on it, a total convert to Winterbottom’s heads-down ethos. She resembles her own description of Tracey Emin, whose 2004 film Top Spot she produced: “She looked like she had no idea what she was doing, but she knew totally what she was doing.”

“We make quite different films,” she told me. “It’s weird. What’s Michael’s most commercial film? But he doesn’t aim for that. He just makes what he wants to make.”

I asked Parmenter why he is so good at winning permission to do that. “Well, the idea of all his films is interesting. I mean, Road to Guantanamo: who wouldn’t want to see the story of the Tipton Three? It’s got to be made. Or 9 Songs – we’re going to show real sex. Filming Everyday over five years – that’s an amazing idea. We went to Tessa Ross at Channel 4 and said, ‘We’re going to film these people doing nothing.’ She said, ‘Here’s £1.1m. Bye!’ Obviously we reported back to them.”

It must help, I said, that there hadn’t been any disasters.

“That’s down to Michael. He’s so aware of all levels of the film-making process. He’s got his fingers in all the pies. It gets a bit much sometimes. [As Winterbottom told me, “When you’re a director, everything that happens is kind of your fault.”] But if you’re doing a small film, you can’t say, ‘Actors aren’t allowed trailers’ – if there’s a trailer even anywhere near, he goes mental – and then turn around and say, ‘I don’t want to know anything about the budget.’”

When I caught up with Winterbottom last summer, he expressed some frustration that The Emperor’s New Clothes – the documentary with Russell Brand – hadn’t been shown more widely, and that The Face of an Angel – the Amanda Knox drama– had been rounded on by British critics. Yet it was clear that his heart wasn’t really in it: both films were well on their way to becoming past obsessions. He’d been up at 6.30 that morning, doing rewrites for a new project, Russ and Roger Go Beyond, a comedy starring Will Ferrell, about the making of Russ Meyer’s camp musical Beyond the Valley of the Dolls. (I asked if Ferrell was someone he knew socially and he replied: “No, strangely not.”) Although the script originated in Hollywood and the production, based in Los Angeles, would almost certainly involve trailers, Winterbottom talked about Russ and Roger less as a necessary commercial compromise (“the money isn’t vastly better”) than as a much-needed break. He reminded me that “developing a film from scratch comes with a burden of effort”.

Still, it turned out that his heart wasn’t really in that one, either. Just before the end of the year, he quit. Someone muttered something about creative differences. Burdensome or not, it seems he prefers success – and failure – on his own terms: working under the Revolution banner with a small, familiar crew and room for improvisation with actors he calls friends. It is said he’s getting ready to shoot The Trip to Spain.

Leo Robson is the New Statesman’s lead fiction critic

Leo Robson is the lead fiction reviewer for the New Statesman.

This article first appeared in the 28 January 2016 issue of the New Statesman, Should Labour split?