The aim of this article is to bring to the attention of the international nursing community the discrepancy between a pervasive ‘caring’ nursing discourse and a most unethical nursing practice in the United States. In this article, we present a duality: the conflict in American prisons between nursing ethics and the killing machinery. The US penal system is a setting in which trained healthcare personnel practice the extermination of life. We look upon the sanitization of deathwork as an application of (...) healthcare professionals’ skills and knowledge and their appropriation by the state to serve its ends. A review of the states’ death penalty statutes shows that healthcare workers are involved in the capital punishment process and shielded by American laws (and to a certain extent by professional boards through their inaction). We also argue that the law's language often masks that involvement; and explain how states further that duplicity behind legal formalisms. In considering the important role healthcare providers, namely nurses and physicians, play in administering death to the condemned, we assert that nurses and physicians are part of the states’ penal machinery in America. Nurses and physicians (as carriers of scientific knowledge, and also as agents of care) are intrinsic to the American killing enterprise. Healthcare professionals who take part in execution protocols are state functionaries who approach the condemned body as angels of death: they constitute an extension of the state which exercises its sovereign power over captive prisoners. (shrink)

This essay is about the United States Supreme Court's discursive creation of two kinds of persons, one corporate the other criminal, during its 1886 term. The aim is to contrast the Supreme Court's construction of corporate personhood in County of Santa Clara v. Southern Pacific Railroad with its view of the criminal's body in Ex parte Royall, a habeas corpus case. The Court's purpose in deciding these two cases was to design a way to disperse newly emergent and conflicting interests (...) in particular directions within the judicial apparatus. The result is that both criminal and corporate bodies come to be understood through discourse, not outside of it. So the body which is being introduced can be described as a discursive body, not as an anatomical given. (shrink)

Assassins are often regarded as ahistorical figures of evil. In this article, I contest this view by analysing the assassination of President William McKinley by Leon Czolgosz in 1901. There are two purposes to this article. The first is to situate McKinley’s assassination within the history and development of the social sciences, principally sociology, rather than assume that the assassin is a trans-historical representation of willful irresponsibility. The second is to describe and critique the discourse that made Czolgosz into a (...) rational agent once he entered history as an assassin. (shrink)

The idea of the Guantánamo detainee as a Muselmann , the lowest order of concentration camp inmates, contains within it important implications for the new understanding of sovereignty in the era of Guantánamo, in an age of exception. The purpose of this article is to explain the status of those who are detained at Guantánamo Bay. Stated broadly, in assessing that status, we will emphasize the connection between the altered meaning of sovereignty that has accompanied the placing of prisoners in (...) an American penal colony in Cuba and the biopolitical status of the prisoners who reside there. More particularly, we will locate the points of convergence among the factors (the war on terror, sovereignty, and the media) that have produced and reconstituted the legal and ethical status of Guantánamo detainees. (shrink)