Competency to be executed evaluations are conducted with a clear understanding that no physician-patient relationship exists. Treatment however, is not so neatly re-categorized in large measure because it involves the physician's active provision of the healing arts. A natural tension exists between what practices may be legally permissible and what are ethically acceptable. We present an overview of the existing positions on this matter in the process of framing our argument.

The history of physician involvement in capital proceedings is longstanding and ripe with controversy and conflicts of ethical concerns. Previously one of us has written that the controversy is more appropriately characterized as a conflict of moral position rather than one of ethical dilemma.In hindsight, we believe that analysis, while true, does not capture the depth or complexity of the issue.Forensic psychiatric evaluations, including competency to be executed evaluations, are done with a clear understanding that no physician-patient relationship exists. Treatment, (...) however, is not so neatly re-categorized in large measure because it involves the physician’s active provision of the healing arts. (shrink)

The vignette described in the introduction of this symposium raises a number of ethical and legal problems for physicians who work for correctional institutions and death row inmates. They are not confined to correctional physicians, however, as states have requested aid from practicing physicians in the community, and even from other states, when conflicts have arisen in the treatment of death row inmates as they near the date of execution. As outlined, the case involves a 48-year-old (...) man with a long history of schizophrenia, initially diagnosed at age 19. Compliant with medication, he remained generally free from positive symptoms-delusions and hallucinations. Nonetheless, he committed two murders during a robbery and was sentenced to death. Since his incarceration, the defendant has consistently refused psychotropic medications and has been forcibly medicated on several occasions when he exhibited violent outbursts and was overtly psychotic. (shrink)

In 2011, bioethicists turned their attention to the question of whether prisoners on death row ought to be allowed to be organ donors. The discussion began with a provocative anti‐procurement article by Arthur Caplan and prompted responses from an impressive lineup of commentators. In the 10 years since, the situation for death‐row inmates seeking to donate has hardly changed: U.S. prison authorities consistently refuse to allow death‐row procurement. We believe that it is time to revisit the (...) issue. While Caplan's commentators rebutted his narrow contention that organ procurement would undermine the goals of deterrence and retribution, none of them attempted to make a positive, nonconsequentialist case for organ donation as a right of death‐row inmates. That is the task we take up in this paper. After sketching and briefly defending a theory of punishment, we show how denial of organ donation is inconsistent with punishment's basic logic. (shrink)

The role of physicians in death penalty cases has provoked discussion in both the legal system as well as in professional organizations. Professional groups have responded by developing ethical guidelines advising physicians as to current ethical standards. Psychiatric dilemmas as a subspecialty with unique roles have required more specific guidelines. A clinical vignette provides a focus to explicate the conflicts.

This article reflects on the intersection of the New Testament’s witness with current questions of illness, medication, risk, luck, death, and hope. Drawing principally on the Gospel of Matthew and the letters of Paul, I argue that, for Christians, hope in the resurrection—not the ability to avoid suffering and death—provides the best context for prudential judgment in light of the inscrutability of the future and the concomitant opacity that attends medical decision-making. We do not and will not know (...) what we would need to know in order to make decisions we can count on with surety, and we thus read Scripture in order to become the people who can make wise judgments in the meantime called hope. (shrink)

The book falls into four segments. In the first (Chapter 1), the particular conception of deity that has been predominant in western civilization—the theistic idea of God—is explicated and distinguished from several other notions of the divine. The second segment considers the major reasons that have been advanced in support of the belief that the theistic God exists. In chapters 2 through 4 the three major arguments for the existence of God are discussed, arguments which appeal to facts supposedly available (...) to any rational person, whether religious or not. Chapter 5 considers religious and mystical experience as a source and justification for theistic belief. And in Chapter 6 we examine the role that faith may play in the formation and justification of religious belief. We also consider the important issue of whether belief in God may be entirely rational quite apart from any evidence in its behalf. The third segment undertakes an examination of the problem of evil, which some have thought to provide rational grounds for atheism, the belief that the theistic God does not exist. A number of topics quite central to theistic religion are considered in the fourth segment of the book, chapters 8 through 11. These topics include miracles, the question of life after death, problems in relating the idea of divine foreknowledge to the belief in human freedom, and problems arising from the existence of diverse religions. (shrink)

The present collection brings together for the first time Rowe's most significant contributions to the philosophy of religion. This diverse but representative selection of Rowe's writings will provide students, professional scholars as well as general readers with stimulating and accessible discussions on such topics as the philosophical theology of Paul Tillich, the problem of evil, divine freedom, arguments for the existence of God, religious experience, life after death, and religious pluralism.

If death is a harm then it is a harm that cannot be experienced. The proponent of death’s harm must therefore provide an answer to Epicurus, when he says that ‘death, is nothing to us, since when we are, death is not present, and when death is present, then we are not’. In this paper I respond to the two main ways philosophers have attempted to answer Epicurus, regarding the subject of death’s harm: either (...) directly or via analogy. The direct way argues that there is a truth-maker (or difference-maker) for death’s harm, namely in virtue of the intrinsic value the subject’s life would have had if they had not died. The analogy argues that there are cases analogous to death, where the subject is harmed although they experience no pain as a result. I argue that both accounts beg the question against the Epicurean: the first by presupposing that one can be harmed while experiencing no displeasure as a result and the second by conflating a de re with a de dicto reading of death’s harm. Thus, I argue, until better arguments are provided, one is best to agree with Epicurus and those who follow him that death is not a harm. (shrink)

THE AIM OF THE VOLUME IS TO INTRODUCE STUDENTS TO THE PHILOSOPHY OF RELIGION BY ACQUAINTING THEM WITH THE WRITINGS OF SOME OF THE THINKERS WHO HAVE MADE SUBSTANTIAL CONTRIBUTIONS IN THIS AREA. THIS NEW EDITION EXPANDS THE RANGE OF TOPICS BY INCLUDING AN ENTIRELY NEW CHAPTER ON DEATH AND IMMORTALITY AND A NEW SUBSECTION ON THE MORAL ARGUMENT. THERE IS ALSO SOME NEW MATERIAL ON WITTGENSTEIN AND FIDEISM, RELIGIOUS PLURALISM, AND FAITH AND THE NEED FOR EVIDENCE. ALMOST EVERY (...) CHAPTER HAS BEEN CHANGED BY DELETIONS OR ADDITIONS TO UPDATE THE SELECTIONS AND PROVIDE MORE MATERIAL THAT IS UNDERSTANDABLE TO BEGINNING STUDENTS. (shrink)

A room of their own: the social landscape of infant sleep This paper draws on findings of a study in which new and experienced mothers’ caregiving practices were investigated, in order to examine social perspectives of infant sleep. Health professionals who work to support early parenting and promote child health and well‐being provide guidance to their clients concerning infant sleep cares. Currently, advice is predominantly informed by understandings and strategies derived from Sudden Infant Death Syndrome (SIDS) risk reduction campaigns (...) and behavioural training models. The social context of caregiving is a significant if somewhat neglected perspective. The analysis presented in this paper suggests that in sleep arrangements, a complex social locale is revealed, an elaboration of carers’ values and understandings about infants as developing persons, juxtaposed with their own desires and needs. Tensions between child‐centred nurturing and adult‐focused concerns are expressed and reconciled in caregiving. These understandings may assist health professionals to develop proactive and responsive practices in the area of early childrearing support. (shrink)

This is the first full-length biography of John Langshaw Austin (1911–60). The opening four chapters outline his origins, childhood, schooling, and time as an undergraduate, while the next four examine his early career in professional philosophy, looking at the influence of Oxford Realism, Logical Positivism, Pragmatism, and the later Wittgenstein. The central twelve chapters then explore Austin’s wartime career in British Intelligence. The first three examine the contributions he made to the campaigns in North Africa; the next seven the seminal (...) role he played in ensuring the outstanding accuracy of the D-Day Intelligence; while the final two explore his contributions to Arnhem, the Ardennes, and the post-war administration of Germany. The last main section of the book then outlines and assesses Austin’s contributions to post-war Oxford Ordinary Language Philosophy. The first three chapters discuss the impact on Oxford philosophy of the cultural atmosphere of post-war Britain and the later Wittgenstein’s ideas. The next four look at Austin’s influence on post-war Oxford, particularly his Saturday morning discussion group and his perception lectures. The next five chapters concentrate on America’s influence on Austin and vice versa, paying particular attention to Austin’s work on speech-acts and his semesters in Harvard and Berkeley. The final two chapters examine Austin’s declining influence in Oxford, and his tragically premature death. (shrink)

"Clifford was famous for his public lectures on physics and math and ethics because he explained complex things with easily understood, concrete examples. As you read through his clear, simple explanations of the true bases of number, algebra and geometry you will find yourself getting angry and saying "Why the hell wasn't I taught math this way?" and "Do math ed professors know so little mathematics that they have never heard of Clifford.?" Clifford was destined to be England's Einstein until (...) his untimely death at the age of 34, just 11 days before Einstein's birth. More than 30 years before the Special Theory of Relativity was proposed he had already concluded that the force of gravity was actually due to changes in the curvature of space. He gives explanatory examples in this book that middle school children can understand."--review on Amazon.com viewed July 6, 2020. (shrink)

There is an inextricable link between cultural and clinical safety. In Australia high‐profile Aboriginal deaths in custody, publicised institutional racism in health services and the international Black Lives Matter movement have cemented momentum to ensure culturally safe care. However, racism within health professionals and health professional students remains a barrier to increasing the number of Aboriginal and Torres Strait Islander Health professionals. The Australian Health Practitioner Regulation Agency's Aboriginal and Torres Strait Islander Health Strategy's objective to ‘eliminate racism from the (...) health system’, and the recent adoption of the Aboriginal and Torres Strait Islander peoples led cultural safety definition, has instigated systems level reflections on decolonising practice. This article explores cultural safety as the conceptual antithesis to racism, examining its origins, and contemporary evolution led by Aboriginal and Torres Strait Islander peoples in Australia, including its development in curriculum innovation. The application of cultural safety is explored using in‐depth reflection, and the crucial development of integrating critical consciousness theory, as a precursor to culturally safe practice, is discussed. Novel approaches to university curriculum development are needed to facilitate culturally safe and decolonised learning and working environments, including the key considerations of non‐Indigenous allyship and collaborative curriculum innovations and initiatives. (shrink)

A curious and comparatively neglected element of death penalty jurisprudence in America is my target in this paper. That element concerns the circumstances under which severely mentally disabled persons, incarcerated on death row, may have their sentences carried out. Those circumstances are expressed in a part of the law which turns out to be indefensible. This legal doctrine—competence-for-execution —holds that a condemned, death-row inmate may not be killed if, at the time of his scheduled execution, he lacks (...) an awareness of his impending death or the reasons for it. I argue that the law of CFE should be abandoned, along with the notion that it is permissible to kill the deeply disturbed just so long as they meet some narrow test of readiness to die. By adopting CFE, the courts have been forced to give independent conceptual and moral significance to a standard for competence that simply cannot bear the weight placed upon it. To be executable, CFE requires that a condemned prisoner meet a standard demonstrating an awareness of certain facts about his death. Yet this standard both leads to confusing and counter-intuitive results and is unsupported either by the reasons advanced by the courts on its behalf or by any of the standard theoretical justifications of criminal punishment. If executing the profoundly psychotic or delusional is wrong the law needs a better account of the wrong done when prisoners like Ford are killed. I suggest wherein that wrong might be located. (shrink)

Machine generated contents note: Part I -- Doctors -- Dr. Joseph Messer -- Dr. Sharon Sandell -- ER -- Dr. John Barrett -- Marc and Noreen Levison, a paramedic and a nurse -- Lloyd (Pete) Haywood, a former gangbanger -- Claire Hellstern, a nurse -- Ed Reardon, a paramedic -- Law and Order -- Robert Soreghan, a homicide detective -- Delbert Lee Tibbs, a former death-row inmate -- War -- Dr. Frank Raila -- Haskell Wexler, a cinematographer -- Tammy (...) Snider, a Hiroshima survivor (hibakusha) -- Mothers and Sons -- V.I.M. (Victor Israel Marquez), a Vietnam vet -- Angelina Rossi, his mother -- Guadalupe Reyes, a mother -- God's Shepherds -- Rev. Willie T. Barrow -- Father Leonard Dubi -- Rabbi Robert Marx -- Pastor Tom Kok -- Rev. Ed Townley -- The Stranger -- Rick Rundle, a city sanitation worker -- Part II -- Seeing Things -- Randy Buescher, an associate architect -- Chaz Ebert, a lawyer -- Antoinette Korotko-Hatch, a church worker -- Karen Thompson, a student -- Dimitri Mihalas, an astronomer and physicist -- A View from the Bridge -- Hank Oettinger, a retired printer -- Ira Glass, a radio journalist -- Kid Pharaoh, a retired "collector" -- Quinn Brisben, a retired teacher -- Kurt Vonnegut, a writer -- The Boomer -- Bruce Bendinger, an advertising executive and writer -- Part III -- Fathers and Sons -- Doc Watson, a folksinger -- Vernon Jarrett, a journalist -- Country Women -- Peggy Terry, a retired mountain woman -- Bessie Jones, a Georgia Sea Island Singer (1972) -- Rosalie Sorrels, a traveling folksinger -- The Plague I -- Tico Valle, a young man -- Lori Cannon, "curator" of the Open Hand Society -- Brian Matthews, an ex-bartender, writer for a gay weekly -- Jewell Jenkins, a hospital aide -- Justin Hayford, a journalist, musician -- Matta Kelly, a case manager -- The Old Guy -- Jim Hapgood -- The Plague II -- Nancy Lanoue -- Out There -- Dr. Gary Slutkin -- Day of the Dead -- Carlos Cortez, a painter and poet -- Vine Deloria, a writer and teacher -- Helen Sclair, a cemetery familiar -- The Other Son -- Steve Young, a father -- Maurine Young, a mother -- The Job -- William Herdegen, an undertaker -- Rory Moina, a hospice nurse -- The End and the Beginning -- Mamie Mobley, a mother -- Dr. Marvin Jackson, a son -- Epilogue -- Kathy Fagan and Linda Gagnon, mothers. (shrink)

In October 2003 the Supreme Court of the United States allowed Arkansas officials to force Charles Laverne Singleton, a schizophrenic prisoner convicted of murder, to take drugs that would render him sane enough to be executed. On January 6 2004 he was killed by lethal injection, raising many ethical questions. By reference to the Singleton case, this article will analyse in both moral and legal terms the controversial justifications of the enforced medical treatment of death-row inmates. Starting with (...) a description of the Singleton case, I will highlight the prima facie reasons for which this case is problematic and merits attention. Next, I will consider the justification of punishment in Western society and, in that context, the evolution of the notion of insanity in the assessment of criminal responsibility during the past two centuries, both in the US and the UK. In doing so, I will take into account the moral justification used to enforce treatment, looking at the conflict between the prisoner’s right to treatment and his right to refuse medication where not justified by outcomes that can be reasonably expected to be positive for the individual. Finally, in contrast with some retributivist arguments in favour of enforced treatment to enable execution, I will propose a possible alternative, necessary if we are to consistently uphold the notion of autonomy. (shrink)

An executive ought to be as informed as possible about the needs and preferences of her constituency and about the most important policy issues that her constituency confronts. This ethical duty, referred to as the informed governance principle, requires that an executive who is not opposed to the death penalty personally carry out at least one execution of a death row inmate. Having an executive act as executioner, even if just once, could also help citizens reflect upon their (...) personal ethical commitments, spur them to monitor the government’s power, and prompt them to contemplate how best to distribute power so that the chance of injustice is minimized. (shrink)

Over the past several years, the most widely publicized issue in capital litigation has been the constitutional status of states’ lethal injection protocols. Death row inmates have not challenged the constitutionality of lethal injection itself, but rather execution protocols and their potential for maladministration. The inmates’ concern is due to the three-drug protocol used in the vast majority of capital jurisdictions: if the anesthetic, which is administered first, is ineffectively delivered, then the second and third drugs — (...) the paralytic and heartbeat-ceasing agents — will cause torturous pain and suffering in violation of the Eight Amendment. Inmates have argued that the participation of anesthesiologists or other highly trained medical professionals is constitutionally required to minimize the risk of unnecessary suffering. This litigation, in conjunction with evidence that some executed inmates suffered torturous pain, has reinvigorated the ethical debate about physician participation in executions. Even though the United States Supreme Court has signaled that physician participation is not constitutionally required, lawmakers in death penalty states must consider the ethics of physician involvement. (shrink)

Is it ethical to treat a death row inmate only to stabilize him or her for eventual execution? What happens when a military provider receives highly sensitive intelligence from a client?

Is it ethical to treat a death row inmate only to stabilize him or her for eventual execution? What happens when a military provider receives highly sensitive intelligence from a client? How can clinicians refuse costly gifts from clients without damaging the therapeutic relationship? Should a therapist disclose a client's suicidal intent to the authorities? In Ethical Conundrums, Quandaries and Predicaments in Mental Health Practice, these and other real-life scenarios constitute a comprehensive and definitive ethics casebook for mental health (...) professionals. Inspired by the many difficult situations they themselves have faced, an eminent group of accomplished mental health clinicians provide first-hand accounts of ethical problems that defy boilerplate solutions. Each chapter begins with a compelling and ethically complex case followed by an illustrative yet succinct analysis of the key ethical issues present and a personal reflection on the case itself, along with the process of ethical reasoning used to arrive at a final decision. Every case concludes with key recommendations for promoting ethical practice within an often challenging work setting. Highlighting the human aspect of ethics in mental health practice through the use of mesmerizing narratives while also provoking the reader to reflect upon what is the "right" thing to do, Ethical Conundrums, Quandaries and Predicaments in Mental Health Practice offers trainees and seasoned professionals alike invaluable informative models for dealing with ethical dilemmas, as well as the inspiration to confront seemingly insurmountable clinical problems. (shrink)

BackgroundIn December 2014, China announced that only voluntarily donated organs from citizens would be used for transplantation after January 1, 2015. Many medical professionals worldwide believe that China has stopped using organs from death-row prisoners.DiscussionIn the present article, we briefly review the historical development of organ procurement from death-row prisoners in China and comprehensively analyze the social-political background and the legal basis of the announcement. The announcement was not accompanied by any change in organ sourcing legislations or regulations. (...) As a fact, the use of prisoner organs remains legal in China. Even after January 2015, key Chinese transplant officials have repeatedly stated that death-row prisoners have the same right as regular citizens to “voluntarily donate” organs. This perpetuates an unethical organ procurement system in ongoing violation of international standards.ConclusionsOrgan sourcing from death-row prisoners has not stopped in China. The 2014 announcement refers to the intention to stop the use of organs illegally harvested without the consent of the prisoners. Prisoner organs procured with “consent” are now simply labelled as “voluntarily donations from citizens”. The semantic switch may whitewash sourcing from both death-row prisoners and prisoners of conscience. China can gain credibility only by enacting new legislation prohibiting use of prisoner organs and by making its organ sourcing system open to international inspections. Until international ethical standards are transparently met, sanctions should remain. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Sanctity of Life—The Sanctity of ChoiceKristina HallettWhat do you do when helping someone means advocating for his death?I am a Board Certified Clinical Psychologist and have been in practice since 1993. I entered the field, as most do, to be of assistance and support to people in dealing with the difficult, the unimaginable, and the often painful circumstances of life. The goal has always been simple: to (...) help. The manner may differ, but the central goal is the same: to help. I have encountered many challenging situations in my work: times when I felt unbelievably sad upon hearing someone’s story; when I felt righteous indignation at injustices encountered; when I worried for someone’s safety; when I laughed and rejoiced in someone’s experience. In each of these situations the path to helping was clear of moral dilemma. But what about when helping results in execution – the state enforcing the legally imposed punishment of the death penalty? While some decisions involve the potential for moral and emotional distress, there is usually a way of understanding “helping” as giving voice to an individual’s right to choose. What do you do when helping someone means advocating for his death as punishment?Several years ago while I worked for a state Department of Corrections (DOC), an inmate on death row was executed. The state had not conducted an execution for decades. I was the Supervising Psychologist for the DOC facility, and as such it was my role to facilitate mental health treatment for this inmate. I was also the liaison to DOC custody staff regarding policies, treatment, and the impact of the process of an execution on staff, the involved inmate and other inmates in the facility. The DOC staffers were split in their views of the situation. Some staff were adamantly opposed to the death penalty, a portion were relatively neutral and the largest number of staff were strong proponents of the death penalty—some to the point of relishing the execution.He had confessed and been convicted of heinous crimes, including the rapes and murders of several young women. Innocence was not a question. He readily admitted his responsibility for these crimes. The legal process was long and involved, including several different trials and penalty hearings, all with the same result: he was sentenced to death. Now all mandatory appeals associated with the death penalty were exhausted. Having already spent a great many years on death row, he did not want to pursue further appeals. He made the “choice” to [End Page 95] not file a voluntary appeal and instead to proceed with the death penalty process.It is a curious thing, but when the required appeals (the checks and balances of the legal system) were completed and this man said, “I want to proceed with the imposition of my sentence,” all the rules changed. This individual, who had been competent to assist in his defense and his appeals to fight his sentence for over twenty years, was suddenly seen as “incompetent” to choose to accept his sentence. Opponents of the death penalty viewed execution as “state–assisted suicide” and believed the inmate had “death row syndrome,” and therefore was not competent to make the decision to move forward with his sentence. Those who agreed with the death penalty believed he was fully competent and supported the completion of his sentence through lethal injection. And then there was me.I had always been against the death penalty. From a moral perspective, I believed in the sanctity of life, that we do not have the right to take the life of another human being. I shared in others’ horror and outrage at horrific crimes, but felt justice belonged to the legal system (through incarceration) and to God. I did not believe in retribution or revenge, although I supported consequences and accountability. I argued against the death penalty in high school debates, college round–table discussions and in theoretical conversations with my peers, family and friends.When faced with this situation as a psychologist, I found myself splitting a very fine hair. I did not support the death penalty, but I did support the ability of... (shrink)

The Soul Knows No Bars compiles all of the authors' reactions to texts by Foucault, Nietzsche, Heidegger, and others.

Purpose The COVID-19 pandemic broke out at the end of 2019, and throughout 2020 there were intensive international efforts to find a vaccine for the disease, which had already led to the deaths of some five million people. In December 2020, several pharmaceutical companies announced that they had succeeded in producing an effective vaccine, and after approval by the various regulatory bodies, countries started to vaccinate their citizens. With the start of the global campaign to vaccinate the world’s population against (...) COVID-19, debates over the prioritization of different sections of the population began around the world, but the prison population has generally been absent from these discussions. Approach and Findings This article presents the approach of Jewish ethics regarding this issue, that is, that there is a religious and a moral obligation to heal the other and to take care of his or her medical well-being and that this holds true even for a prisoner who has committed a serious crime. Hence, prisoners should be vaccinated according to the same priorities that govern the administration of the vaccine among the general public. Originality The originality of the article is in a comprehensive and comparative reference between general ethics and Jewish ethics on a subject that has not yet received the proper attention. (shrink)

In this newest installment in Chicago’s series of Jacques Derrida’s seminars, the renowned philosopher attempts one of his most ambitious goals: the first truly philosophical argument against the death penalty. While much has been written against the death penalty, Derrida contends that Western philosophy is massively, if not always overtly, complicit with a logic in which a sovereign state has the right to take a life. Haunted by this notion, he turns to the key places where such logic (...) has been established—and to the place it has been most effectively challenged: literature. With his signature genius and patient yet dazzling readings of an impressive breadth of texts, Derrida examines everything from the Bible to Plato to Camus to Jean Genet, with special attention to Kant and post–World War II juridical texts, to draw the landscape of death penalty discourses. Keeping clearly in view the death rows and execution chambers of the United States, he shows how arguments surrounding cruel and unusual punishment depend on what he calls an “anesthesial logic,” which has also driven the development of death penalty technology from the French guillotine to lethal injection. Confronting a demand for philosophical rigor, he pursues provocative analyses of the shortcomings of abolitionist discourse. Above all, he argues that the death penalty and its attendant technologies are products of a desire to put an end to one of the most fundamental qualities of our finite existence: the radical uncertainty of when we will die. Arriving at a critical juncture in history—especially in the United States, one of the last Christian-inspired democracies to resist abolition—The Death Penalty is both a timely response to an important ethical debate and a timeless addition to Derrida’s esteemed body of work. (shrink)

"In this newest installment in Chicagos series of Jacques Derridas seminars, the renowned philosopher attempts one of his most ambitious goals: the first truly philosophical argument against the death penalty. While much has been written against the death penalty, Derrida contends that Western philosophy is massively, if not always overtly, complicit with a logic in which a sovereign state has the right to take a life. Haunted by this notion, he turns to the key places where such logic (...) has been established - and to the place it has been most effectively challenged: literature. With his signature genius and patient yet dazzling readings of an impressive breadth of texts, Derrida examines everything from the Bible to Plato to Camus to Jean Genet, with special attention to Kant and postWorld War II juridical texts, to draw the landscape of death penalty discourses. Keeping clearly in view the death rows and execution chambers of the United States, he shows how arguments surrounding cruel and unusual punishment depend on what he calls an 'anesthesial logic, ' which has also driven the development of death penalty technology from the French guillotine to lethal injection. Confronting a demand for philosophical rigor, he pursues provocative analyses of the shortcomings of abolitionist discourse. Above all, he argues that the death penalty and its attendant technologies are products of a desire to put an end to one of the most fundamental qualities of our finite existence: the radical uncertainty of when we will die. Arriving at a critical juncture in history - especially in the United States, one of the last Christian-inspired democracies to resist abolition - The Death Penalty is both a timely response to an important ethical debate and a timeless addition to Derridas esteemed body of work"--Unedited summary from book jacket. (shrink)

In this newest installment in Chicago’s series of Jacques Derrida’s seminars, the renowned philosopher attempts one of his most ambitious goals: the first truly philosophical argument against the death penalty. While much has been written against the death penalty, Derrida contends that Western philosophy is massively, if not always overtly, complicit with a logic in which a sovereign state has the right to take a life. Haunted by this notion, he turns to the key places where such logic (...) has been established—and to the place it has been most effectively challenged: literature. With his signature genius and patient yet dazzling readings of an impressive breadth of texts, Derrida examines everything from the Bible to Plato to Camus to Jean Genet, with special attention to Kant and post–World War II juridical texts, to draw the landscape of death penalty discourses. Keeping clearly in view the death rows and execution chambers of the United States, he shows how arguments surrounding cruel and unusual punishment depend on what he calls an “anesthesial logic,” which has also driven the development of death penalty technology from the French guillotine to lethal injection. Confronting a demand for philosophical rigor, he pursues provocative analyses of the shortcomings of abolitionist discourse. Above all, he argues that the death penalty and its attendant technologies are products of a desire to put an end to one of the most fundamental qualities of our finite existence: the radical uncertainty of when we will die. Arriving at a critical juncture in history—especially in the United States, one of the last Christian-inspired democracies to resist abolition—_The Death Penalty_ is both a timely response to an important ethical debate and a timeless addition to Derrida’s esteemed body of work. (shrink)

Motivated by a conviction that mass incarceration and state execution are among the most important ethical and political problems of our time, the contributors to this volume come together from a diverse range of backgrounds to analyze, critique, and envision alternatives to the injustices of the U.S. prison system, with recourse to deconstruction, phenomenology, critical race theory, feminism, queer theory, and disability studies. They engage with the hyper-incarceration of people of color, the incomplete abolition of slavery, the exploitation of prisoners (...) as workers and as "raw material" for the prison industrial complex, the intensive confinement of prisoners in supermax units, and the complexities of capital punishment in an age of abolition. -/- Contents -/- Introduction: Death and Other Penalties Geoffrey Adelsberg, Lisa Guenther, and Scott Zeman -/- Part I. Legacies of Slavery -/- Excavating the Sedimentations of Slavery: The Unfinished Project of American Abolition Brady Heiner -/- From Commodity Fetishism to Prison Fetishism: Slavery, Convict-leasing, and the Ideological Productions of Incarceration James Manos -/- Maroon Philosophy: An Interview with Russell Maroon Shoatz Russell Maroon Shoatz -/- Part II. Death Penalties -/- In Reality-from the Row Derrick Quintero -/- Inheritances of the Death Penalty: American Racism and Derrida's Theologico-Political Sovereignty Geoffrey Adelsberg -/- Making Death a Penalty: Or, Making "Good" Death a "Good" Penalty Kelly Oliver -/- Death Penalty Abolition in Neoliberal Times: The SAFE California Act and the Nexus of Savings and Security Andrew Dilts -/- On the Inviolability of Human Life Julia Kristeva (translated by Lisa Walsh) -/- Part III. Rethinking Power and Responsibility -/- Punishment, Desert, and Equality: A Levinasian Analysis Benjamin S. Yost -/- Prisons and Palliative Politics Ami Harbin -/- Sovereignty, Community, and the Incarceration of Immigrants Matt S. Whitt -/- Without the Right to Exist: Mass Incarceration and National Security Andrea Smith -/- Prison Abolition and a Culture of Sexual Difference Sarah Tyson -/- Part IV. Isolation and Resistance -/- Statement on Solitary Confinement Abu Ali Abdur'Rahman -/- The Violence of the Supermax: Toward a Phenomenological Aesthetics of Prison Space Adrian Switzer -/- Prison and the Subject of Resistance: A Levinasian Inquiry Shokoufeh Sakhi -/- Critical Theory, Queer Resistance, and the Ends of Capture Liat Ben-Moshe, Che Gossett, Nick Mitchell, and Eric A. Stanley. (shrink)

During its 2018–2019 term, the United States Supreme Court considered the constitutionality of executing a prisoner with dementia. In Madison v. Alabama, the Court ruled that, in certain circumstances, executing a prisoner with dementia violates the Eighth Amendment’s ban on cruel and unusual punishment. Vernon Madison was sentenced to death for killing a police officer in 1985. After many years on Alabama’s death row, he had a series of strokes and was diagnosed with vascular dementia. In 2016, Madison’s (...) lawyers unsuccessfully sought a stay of execution, arguing that, in light of his cognitive impairments, imposing the death penalty would violate the Constitution. After Alabama set a 2018 execution date, lawyers returned to the state court, arguing that the finding of competence should be reversed because Madison’s cognitive impairments had worsened. When the trial court refused to grant the stay of execution, Madison’s lawyers asked the Supreme Court to review the constitutionality of the state court decision. (shrink)

Dr. Garrett Johnson received a call from the Texas Department of Criminal Justice asking if he would be interested in filling prescriptions for pentobarbital. Suddenly he faced a controversial issue - providing a drug used for the lethal injection of convicted criminals. Apparently big pharma was discontinuing the manufacture and sale of drugs used for human executions - primarily due to mounting pressure from death penalty activists and shareholders, legal appeals by inmates, media reports of botched lethal injections, (...) etc. Texas saw the solution by using small local compounding pharmacies that were less visible to the public. Should Garrett fill this lucrative order knowing how the State would use the drugs? The case presents the ethical and strategic issues that Garrett faces - having just graduated and started his own compounding pharmacy - in making this decision. (shrink)

: Presently more than 80,000 Americans await an organ transplant, while 10 to12 people die each day because of the lack of organs. The program proposed here would allow federal inmates additional "time off" for agreeing to become living donors or to provide organs or their bodies upon death. Such a program could add 100 to 170 thousand new organ donors to the pool, with another 10 to 12 thousand added annually. If the program were applied to all (...) state inmates, up to 4 million new donors might be added, with another 10 to 13 thousand added annually. Given the extreme need for more organ donors and the need for more living donors, the current National Transplant Act of 1984 and the Uniform Anatomical Gift Act must be amended, while still retaining control of donation procedures. (shrink)

This paper discusses the role of the Australian Institute of Criminology in monitoring inmate deaths in custody on a national basis. It also provides a descriptive overview of Australian Indigenous and non-Indigenous inmate deaths in custody during the eighteen-year period between 1980 and 1998.In October 1987, the Royal Commission into Aboriginal Deaths in Custody commenced investigating the deaths of Australia's Indigenous people in custody throughout Australia between January 1, 1980 and May 31, 1989. RCIADIC's task was to examine the circumstances (...) of the deaths; the actions taken by authorities; and the underlying causes of Indigenous deaths in custody, including social, cultural, and legal factors. The investigation found that the major factor contributing to the high number of Indigenous deaths in custody was the disproportionately higher rates at which Indigenous people come into contact with the criminal justice system. RCIADIC concluded that the most significant reason for this contact was the severely disadvantaged social, economic, and cultural position of many Indigenous people. (shrink)

This paper discusses the role of the Australian Institute of Criminology in monitoring inmate deaths in custody on a national basis. It also provides a descriptive overview of Australian Indigenous and non-Indigenous inmate deaths in custody during the eighteen-year period between 1980 and 1998.In October 1987, the Royal Commission into Aboriginal Deaths in Custody commenced investigating the deaths of Australia's Indigenous people in custody throughout Australia between January 1, 1980 and May 31, 1989. RCIADIC's task was to examine the circumstances (...) of the deaths; the actions taken by authorities; and the underlying causes of Indigenous deaths in custody, including social, cultural, and legal factors. The investigation found that the major factor contributing to the high number of Indigenous deaths in custody was the disproportionately higher rates at which Indigenous people come into contact with the criminal justice system. RCIADIC concluded that the most significant reason for this contact was the severely disadvantaged social, economic, and cultural position of many Indigenous people. (shrink)

Psychiatrists should refrain from treating mentally ill prisoners on death row in order to restore their “competency to be executed.” Such “treatment” renders them double agents, in the service of the state as well as the prisoner. Participation in an act that will bring about a prisoner's death is expressly forbidden by the AMA Code of Ethics. It recalls the behavior of Nazi physicians, who used their professional skills not to heal but to kill.

Willie Horton probably cost Michael Dukakis the American presidency. Before running, Dukakis served for ten years as governor of Massachusetts and was one of the most vociferous opponents of the death penalty. He also thought prisons to be primarily tools for education and rehabilitation. Dukakis wished the penal system would restore to criminals their lost or forfeited humanity and prepare convicts for a “return to the community”; under his administration, state prisons' inmates were allowed home leaves. Horton failed (...) to return from one of those leaves. Instead, he raped a woman. This is what can be expected when soft-hearted liberals…. (shrink)

Mentally ill people are not to be judged by the same rules as the mentally fit. Prisoners evaluated medically unfit for execution must undergo psychiatric treatment until their mental health is restored. Psychiatrists are placed in an ethical dilemma when asked to judge the mental health of prisoners on death row. A high prevalence of psychiatric and neurological disorders are reported on death row. Health professionals have an important role in implementing codes of ethics prohibiting any involvement in (...) the execution process. Resolutions have already been passed by several associations including the World Medical Association, the American Psychiatric Association and Nordic medical associations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:94 Feminist Studies 45, no. 1. © 2019 by Hannah Baker Saltmarsh Hannah Baker Saltmarsh This Girl I Lost Touch With This girl, who was afraid to enter a room— a girl born in the woods, on moss, whose family dreamt under quilts, who wore dresses that matched anything fabric in the house, even the dresses without loneliness— I held her hand in the corridor-dark until the speaking-in-tongues at (...) the community college dispersed into prayers with too many gerunds and too much fervor that wouldn’t adjust if you got a thousand dollars in the mail or jury duty, faith subtle as a crucifix the size of God on the highway. I waited with her until it was over, although the prayer group was never really over. Over rooms of crowded, faith-based humidity, she loved corridors of woods, the rushes of running away. This girl and I, we were cult-lured, but then the leader stepped down—was it porn, alcohol? He drove us around in a red jeep without doors— the first time I drove in a man’s car, I was eighteen so I fell in love: looking straight ahead together, arm hair touching, the cathedral of autumn anticipating a shape to hold you, the wind that you sometimes hollered over. What happened I can’t see, but when he left the group, I left: the death of visions. Hannah Baker Saltmarsh 95 This girl could long for a man in her fingernails, and, without talking, take a man from his pregnant wife’s side, have his even newer children, this girl who wouldn’t go in a room all alone, walked right in, somewhere we’ve not been, and never left. Monostich in Praise of Four Missed Foul Shots in a Row, Ending with a Line by Shaquille O’Neal —Orlando Magic vs. Houston Rockets, Game 1, NBA Final, 1995 Each mistake at the foul line longs to be its own distinct trip-up, divorced from the tragic-comic failure automatic-reflex of a protagonist on a shame-rampage; each delicate flaw of glass, net, rim wants to be denied once at the charity line, once and only once of red-lipsticked points, the naive purity of one aberrant error in calculation—not bring bleacher-crowds to their feet, posterless hands in the vaulted air before tallying Nick Anderson up as Brick Anderson, most hated NBA player of all time, and by his own fans not believing their own eyes as a series of empty arcs toward scoring dovetails into quadruple humiliations and a goofy smile of gutted hopes and boyish fear-tangled awe that any brain so practiced (for this and what else?) could fail so many times in a row, each fail better and Beckett-harder until the last exit out of obliterating loss is part of the abyss too, unless you are quick on your feet for sports broadcasting... but there is no end to swindled championships if you are a man who’s never had to face the extinction of his early twenties or suck the aftertaste of multi-millionaire juice cocktails poured with a legend’s touch, but in the soapy-sweet glass of your Dixie cup liquor, however close to the sound of Shaq’s name spoken in every language, stares your same lovesick reflection in the welt of that shot-glass mirror, mouthing the bitters of paranoid distraction, unripe manhood, aged ingratitude, and a starless Orlando Magic blue diamond broomed over by nursery-rhyme witches brushing out the cobweb-haze because the crowd is always the same crowd calling you swept... each fumbling error of pressure you let get to you, if only it could be a plotless, lyric monostich without arc, not driven to the plot that is your grave, where the unfaithful, the murderers, liars, and cheaters are defined by threads, no, snapped pieces, of seconds and, as Dante would have it, sorted in hell by a singular thought or deed so 96 Hannah Baker Saltmarsh transformative as to name you; the blue and white jersey on the floor, fists and feet, knees and elbows vacuumed in tantrum, hyped up in the court glare and... (shrink)

Although the demographics on male versus female death-row prisoners suggest that males are the criminal justice system’s primary targets, the author argues that the system still discriminates against women. Utilizing postmodern scholarship, he argues that female prisoners are punished primarily for violating dominant norms of gender correctness.

Rising numbers of ageing prisoners and goals on implementing equivalent health care in prison raise issues surrounding end-of-life care for prisoners. The paucity of research on this topic in Europe means that the needs of older prisoners contemplating death in prison have not been established. To investigate elderly prisoners’ attitudes towards death and dying, 35 qualitative interviews with inmates aged 51 to 71 years were conducted in 12 Swiss prisons. About half of the prisoners reported having thought (...) about dying in prison, with some mentioning it in relation with suicidal thoughts and others to disease and old age. Themes identified during data analysis included general thoughts about death and dying, accounts of other prisoners’ deaths, availability of end-of-life services, contact with social relations, and wishes to die outside of prison. Study findings are discussed using Allmark’s concept of “death without indignities,” bringing forth two ethical issues: fostering autonomy and removing barriers. Attributing the identified themes to these two ethical actions clarifies the current needs of ageing prisoners in Switzerland and could be a first step towards the implementation of end-of-life services in correctional systems. (shrink)

The Italian philosopher Giorgio Agamben is having an increasingly significant impact on Anglo-American political theory. His most prominent intervention to date is the powerful reassessment of sovereignty and the politics of life and death laid out in his multivolume _Homo Sacer_ project. Agamben argues that in both the modern world and the ancient, politics inevitably involves a sovereign decision that bans some individuals from the political and human communities. For Agamben, the Nazi concentration camps—in which some inmates are (...) reduced to a form of living death—are not a political aberration but instead the place where this essential political decision about life most clearly reveals itself. Engaging specifically with _Homo Sacer_, the essays in this collection draw out and contend with the wide-ranging implications of Agamben’s radical and controversial interpretation of modern political life. The contributors analyze Agamben’s thought from the perspectives of political theory, philosophy, jurisprudence, and the history of law. They consider his work not only in relation to that of his major interlocutors—Hannah Arendt, Michel Foucault, Carl Schmitt, Walter Benjamin, and Martin Heidegger—but also in relation to the thought of Plato, Pindar, Heraclitus, Descartes, Kafka, Bataille, and Derrida. The essayists’ approaches are varied, as are their ultimate evaluations of the cogency and accuracy of Agamben’s arguments. This volume also includes an original essay by Agamben in which he considers the relation of Benjamin’s “Critique of Violence” to Schmitt’s _Political Theology_. _Politics, Metaphysics, and Death_ is a necessary, multifaceted exposition and evaluation of the thought of one of today’s most important political theorists. _Contributors:_ Giorgio Agamben, Andrew Benjamin, Peter Fitzpatrick, Anselm Haverkamp, Paul Hegarty, Andreas Kalyvas, Rainer Maria Kiesow, Catherine Mills, Andrew Norris, Adam Thurschwell, Erik Vogt, Thomas Carl Wall. (shrink)

The relevance of this study is the increased interest of modern researchers in the field of humanities in the problems of interaction between language, culture, and thinking, as well as the need to study in this aspect the interdisciplinary notion of the concept from the position of literature studies. The purpose of the study is to investigate the concepts of “power” and “death” as key units in the conceptual framework of Kazakh writer Yessenberlin’s novel The Nomads: The Charmed Sword, (...) and to determine the features of their reflection in the individual author’s language picture of the world. The leading method is the method of conceptual analysis, which makes it possible to identify and comprehensively consider concepts in both individual authors and the national picture of the world of the Kazakh people. Within the research, the hierarchical structure of the conceptual framework of Yessenberlin historical novel is presented. The authors calculated associative rows of the concepts composing the novel’s conceptual framework and made conclusions concerning the relationships between the studied concepts, as well as the meaning of the central concepts “power” and “death” and the distinction between historical facts and artistic fiction. The main statements and conclusions can be used in the process of teaching philological disciplines in higher education institutions. (shrink)