In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy of psychological jurisprudence. The authors present a controversial thesis that demonstrates how the forces of captivity and risk management are sustained by several interdependent "conditions of control." These conditions impose barriers to justice and set limits on citizenship for one and all. Situated at the nexus of political/social theory, mental health law and jurisprudential ethics, (...) the book examines and critiques constructs such as offenders and victims; self and society; therapeutic and restorative; health; harm; and community. So, too, are three "total confinement" case law data sets on which this analysis is based. The volume stands alone in its efforts to systematically "diagnose" the moral reasoning lodged within prevailing judicial opinions that sustain captivity and risk management practices impacting: (1) the rights of juveniles found competent to stand criminal trial, the mentally ill placed in long-term disciplinary isolation, and sex offenders subjected to civil detention and community re-entry monitoring; (2) the often unmet needs of victims; and (3) the demands of an ordered society. Carefully balancing sophisticated insights with concrete and cutting-edge applications, the book concludes with a series of provocative, yet practical, recommendations for future research and meaningful reform within institutional practice, programming, and policy. (shrink)

This article further elaborates on the “pre-crime society” thesis as developed and examined by Arrigo and Sellers. Specifically, the article focuses on the ultramodern era of digital inter-connectivity and argues that productive psychic desire is held clinically captive. Ultra-modernity is populated by cyber-forms of human relating and of economic exchange that nurture hyper-securitization. We discuss how the maintenance of hyper-securitization supports a pre-crime society, and how hyper-securitization’s object of desire consists of sign-optics. We argue that the co-constitutive forces of this (...) desire represent the sign-exchange values of post-criminology. Post-criminology’s signifiers include, among others, “predictive policing”, “crime mapping”, and “actuarial penology.” Post-criminology’s signifieds produce captivity-generating bio-digital “laws” of human relatedness. Among others, these laws sanction the neurosis of de-vitalization and certify the psychosis of finalization. We explain how the unchecked excess neutralizations of de-vitalization and finalization cultivate clinical captivity. Clinical captivity is a social anxiety in which reciprocal consciousness, inter-subjectivity, and mutual power are limited in existence or are denied an existence. (shrink)

The ultramodern condition represents the "third wave" in postmodernist-inspired philosophy and cultural practice. Two of ultramodernism's critical theoretical components are the human/social forces, flows, and assemblages that sustain transgression; and the human/social intensities, fluctuations, and thresholds that make transcendence possible as both will and way. In the ultramodern age, then, transcendence is about overcoming and transforming the conditions (i.e., forces, flows, and assemblages) that co-produce harm-generating (i.e., transgressive) tendencies. This manuscript problematizes transgression by way of ultramodern theory. This critical investigation (...) represents "the phenomenology of the shadow," or the ultramodern philosophy of harm. To contextualize this phenomenology and philosophy, the intellectual history of ultramodern thought is recounted. This includes a review of the shadow construct by way of its prominent socio-cultural, psychoanalytic, and political-economic currents; and a chronicling of the reification process (regarding risk, captivity, and harm) since the modernist era (i.e., the industrial revolution). The article concludes with some very speculative observations concerning "the phenomenology of the stranger," or the ultramodern philosophy of transcendence as both will and way. (shrink)