Several recent analyses of torture focus on the humiliation torture inflicts on the victim as the principal evil inherent in torture. This paper challenges this focus by arguing that the connection between torture and humiliation is not a necessary one. Though it is true that most contemporary usages of torture humiliate, it is shown that this is dependent on both the context of the torture and the specific means of torture applied. It is demonstrated that, in certain circumstances, torture is (...) feasible without inflicting the humiliation contemporary accounts of torture identify. At a theoretical level, it may even be possible to use torture as a way of explicitly expressing respect. The paper, therefore, warns against hinging the entire case against torture on humiliation and argues that we should scrutinize other ways in which torture may violate dignity, too. (shrink)

This paper examines how a delusive social imaginary of criminal-justice has underpinned contemporary U.S. mass incarceration and encouraged widespread indifference to its violence. I trace the complicity of this criminal-justice imaginary with state-organized violence by comparing it to an imaginary that supported colonial violence. I conclude by discussing how those of us outside of prison can begin to resist the entrenched images and institutions of mass incarceration by engaging the work and imagining the perspective of incarcerated people.

Supermaxes are technologically advanced prisons designed to keep individuals in long-term solitary confinement, structurally eliminating all physical, human contact for months, years, and sometimes decades at a time. Supermax designers and prison administrators explain that supermax prisons contain “the worst of the worst prisoners”—those too violent and dangerous to live in a general prison population. This article explores and challenges the legally and publicly accepted idea that supermaxes control violence. Drawing on interviews with and the writings of former supermax prisoners, (...) I document the often-invisible ways supermax prisoners experience violence. I argue supermaxes should be viewed not just as tools of violence control, but as tools of violence production. Supermaxes are a novel and uniquely modern form of state violence, and their legal and ethical implications should be reconsidered. (shrink)

Supermaxes are technologically advanced prisons designed to keep individuals in long-term solitary confinement, structurally eliminating all physical, human contact for months, years, and sometimes decades at a time. Supermax designers and prison administrators explain that supermax prisons contain “the worst of the worst prisoners”—those too violent and dangerous to live in a general prison population. This article explores and challenges the legally and publicly accepted idea that supermaxes control violence. Drawing on interviews with and the writings of former supermax prisoners, (...) I document the often-invisible ways supermax prisoners experience violence. I argue supermaxes should be viewed not just as tools of violence control, but as tools of violence production. Supermaxes are a novel and uniquely modern form of state violence, and their legal and ethical implications should be reconsidered. (shrink)

ABSTRACTThe aim of this paper is to bring a phenomenological perspective to bear on a specific problem: how to understand the diminished sense of reality that is often reported by persons who have suffered severe and prolonged interpersonal trauma. For this purpose I turn to resources from two traditions. First, I present a phenomenological account of the intersubjective constitution of objective experience, which is then complemented by a developmental account of how the very small child comes to inhabit a world (...) of shared mind-independent things. On this basis, I aim to show how the sense of reality, as the clear and dependable sense of the difference in experience between inner life and external reality, is an interpersonal developmental achievement that goes hand in hand with the development of the sense of self. I will in particular draw on Husserlian phenomenology and Winnicott’s psychoanalytic perspective on developmental psychology. (shrink)

In recent work, Joshua Glasgow has offered a definition of racism that is supposed to put to rest the debates between cognitive, behavioral, attitudinal, and institutionalist definitions. The key to such a definition, he argues, is the idea of disrespect. He claims: “φ is racist if and only if φ is disrespectful toward members of racialized group R as Rs.” While this definition may capture an important commonality among cognitive, behavioral, and attitudinal accounts of racism, I argue that his attempt (...) to expand the definition to cover institutional or “structural” racism is less persuasive. Alternatively, I argue that structural racism must be understood in terms of injustice rather than disrespect. This involves giving a fuller account of how institutions are related to the beliefs, actions, and intentions of individuals, and thus how they can come to embody a certain kind of agency. (shrink)

Although the term "torture lite" is frequently used to distinguish between physically mutilating torture and certain interrogation methods that are supposedly less severe, the distinction is not recognized in international law.

Violence has become a prominent topic in recent phenomenological investigations. In this paper, I wish to contribute to this ongoing discourse by looking at violence in a literal sense as violation of experiential structures, insofar as it is intentionally, purposefully, and strategically imposed on a subject by another agent. Phenomenology provides the descriptive methodology for elucidating such structures. The violation can take the form of a radicalization, in which one of the aspects of polar experiential spectra becomes predominant, i.e. the (...) balance between them is shifted to one extreme. I focus on the relationship between self and other on the one hand, and the relationship between body-as-subject and body-as-object on the other, as prominent topoi in the phenomenological literature. With regard to torture and solitary confinement as forms of extreme violence, I analyze how these structures are disturbed. (shrink)

The conventional dictionary definition of a term is important to the citizen and soldier obeying laws and judging actions that might fall under the term. The “Convention Against Torture” is both binding U.S. law and gives a clear, conventional definition of torture. But the Bush Administration’s standards for interrogating foreign detainees, originating from the Attorney General’s office, failed to respect the prohibitions of torture in the Convention and two other important international human rights documents. I criticize these standards on seven (...) grounds. The directives from President Bush and his Administration thus ordered or allowed most of the terrible recent tortures of Afghanis and Iraqis at Bagram Air Force Base, Guantanamo Bay and Abu Ghraib prisons. (shrink)

This paper explores communicative punishment from a non-idealized perspective. I argue that, given the specific racial dynamics involved, and given the broader social and historical context in which they are embedded, American policing and punishment function as a form of racially derogatory discourse. Understood as communicative behavior, criminal justice activities express a commitment to a broader ideology. Given the facts about how the American justice system actually operates, and given its broader socio-political context, American carceral behaviors express a commitment to (...) the same types of derogatory, subordinating anti-minority ideologies that are paradigmatically conveyed through racial slurs and similar forms of derogatory speech. Moreover, I argue, this derogatory meaning presents a significant obstacle to adequate criminal justice reform. (shrink)

Torture has become the subject of intense debate in recent years. One facet of that debate is whether there are any circumstances during which it might be an appropriate response by a respectable government. One might wonder precisely why torture receives so much more attention than, say, the "collateral damage" that is an inevitable aspect of contemporary warfare. But the debate also involves what counts as "torture," as distinguished from "cruel, inhuman, and degrading" methods of interrogation or even "coercive but (...) acceptable" methods. This article argues that we sometimes overemphasize the significance of particular acts — i.e., x either is or is not torture — as against the importance of the phenomenology of torture, which involves creating a structure of complete domination and, therefore, complete vulnerability. This is similar to the phoenomenology of slavery. Indeed, in this 150th year since the Supreme Court's decision in the Dred Scott case, it is important to contemplate the full meaning of Chief Justice Taney's declaration that blacks had "no rights" that whites were "bound to respect." Can a liberal political order ever carve out a set of persons — such as suspected terrorists — who indeed have "no rights" that the state is obligated to respect? If the answer is no, then what are the implications for the process by which the United States, presumably a liberal political order, conducts interrogations even of those suspected of being "the worst of the worst"? (shrink)