Abstract

This paper attempts to theorise the labour and corporeal carcerability of the non-citizen non-subjects in contemporary democracies of the United States and India. I reappropriate Joy James’ framework of ‘Captive Maternals’ to understand the relationality between the undocumented, racialised, or incarcerated with the neo-liberal states that they inhabit and serve but where they do not belong. James describes Captive Maternals as those bodies subject to consumption by the democratic order in the tradition of slavery. I expand upon her framework to argue that the dehumanisation of illegal ‘aliens’ and racially policed bodies not only challenges the notion of freedom in the modern democratic social organisation but rather manifests the fundamental correlation between democratic sovereignty and its exclusionary violence. This phenomenon internal to the workings of democracies challenges Hegel’s idealisation of the modern rational state as the most advanced form of government characterised primarily by freedom. Democracy also constitutes the exercise of necropolitical sovereignty which I interpret not as the right to kill but as the right to police and incarcerate. Against the Hegelian struggle for recognition (Anerkennung), I deliberate on the possibility of transcending to a less than fully-determined Sittlichkeit that does not rely upon reciprocal recognition.