Este estudio busca rescatar el papel del pensamiento antropológico criminal en Chile en la construcción de una nueva imagen del criminal urbano. En tal sentido, se argumenta que las ideas de Lombroso y Bertillón habrían otorgado un respaldo “científico” a prejuicios que estigmatizaban a grupos específicos de la población en las ciudades, como eran los sectores populares. Igualmente, en un período cronológico que abarca desde fines del siglo XIX hasta mediados de la centuria siguiente se puede apreciar cómo (...) los planteamientos centrales de este nuevo saber criminológico habrían ayudado a justificar los criterios y medidas de las autoridades, tendientes a definir una política de defensa social basada en la caracterización de un “enemigo común”, identificable ahora a partir de un registro fotográfico que retrataba asimismo su malsana naturaleza interior, como también por determinados rasgos físicos que revelaban su predisposición biológica al mal. This study seeks to analyze the role of the anthropological depiction of crime in Chile for the construction of a new image of the urban criminal. Accordingly, it is argued that notions of Bertillon and Lombroso would have given “scientific” support to prejudices that stigmatized specific population groups in the popular sectors of the cities. Also, in a chronological period from the end of the 19th century until the middle of the next century, we can see how the main ideas of this new criminological approaches would have helped to justify the criteria and measures taken by the authorities to define a social defense policy based on the characterization of a “common enemy”. This was now identifiable from a photographic record that depicted his unhealthy inner nature, as well as certain physical features that revealed his biological predisposition to evil. (shrink)

Drawing on historical and contemporary evidence from Great Britain and Italy, this article examines actions that fall under official definitions of corruption and actions that are not illegal but are widely regarded as morally corrupt. As a social anthropologist, I argue that when dealing with the complexity of corruption and abuses of power, we need to identify what aspects of the system encourage or generate illicit practices (illegal and legal) and what aspects could instead generate real change. It is imperative (...) to assess the precise identity of the dividing line between the legitimate and the illegitimate and between the legal and the moral, and to address both the exact relationship of the protagonists in public life to formal law and its production and their perceived legitimacy in the broader society. Empirical evidence suggests that the production of the law must take into account the moralities which inform the definition of legitimacy at the grassroots, for legislation that enjoys such legitimacy is authoritative-therefore effective-legislation, and thus is governance that benefits from and abides by such legislation. (shrink)

El objetivo de este trabajo es analizar uno de los ejemplos más notorios de reduccionismo biológico del siglo XIX: la Antropología Criminal, una teoría cuya influencia se hizo notar en ámbitos muy diversos. Sin embargo, fue en el derecho penal donde la influencia de Lombroso resultó más duradera, ya que sus propuestas se materializaron en los códigos penales de varios países. Se tratará de entender la influencia de Darwin y de la idea Haeckeliana de recapitulación sobre Lombroso, y también (...) que factores presentes en la época favorecieron la credibilidad que tuvo esta teoría en su momento.The main objective of this research is to analyze one of the most notorious examples of the XIX century biological reductionism: the Criminal Anthropology, a theory which had a major influence on different areas. Nevertheless, it was the penal law where Lombroso’s influence remained longer, as his ideas were materialized in the penal codes of several countries. We’ll try to enlighten Lombroso’s thoughts under the influence of Darwin’s theory and the Haeckelian idea of recapitulation, and finally the factors which favoured this theory credibility at its time. (shrink)

This essay discusses criminal law theories in late Imperial Russia. It argues that, although the political climate of Reform and Counter Reform effectively undermined attempts to implement new legislation premised on the idea of the 'rights-enabled person' (pravovaya lichnosf), paradoxically, it fostered the growth of juridical scholarship. Russian criminal law theorists engaged critically with Western juridical science, which, beginning in the 1870s, witnessed a shift away from absolutist theories inspired by the classics of philosophical idealism towards various strains (...) of positivism arguing for the restoration of the person as a concrete, physiological being. However, while Russian scholars were drawn to these new trends of criminal anthropology and the sociology of crime, they were also obliged to take stock of an indigenous legal culture that scarcely differentiated between pravo and zakon, together with a long tradition of customary practices that equated crime and punishment with sin and redemption. (shrink)

How can criminal punishment be morally justified? Zisman addresses this classical question in legal philosophy. He provides two maybe surprising answers to the question. First, as for a methodological claim, it argues that this question cannot be answered by philosophers and legal scholars alone. Rather, we need to take into account research from social psychology, economy, anthropology, and so on in order to properly analyze the arguments in defense of criminal punishment. Second, the book argues that when (...) such research is properly accounted for, none of the current attempts to justify criminal punishment succeed. But that does not imply that the state should do nothing about criminal wrongdoing. Rather, the arguments that were supposed to justify criminal punishment actually speak in favor of an alternative approach to criminal law: restitution to the victim and restorative justice. That is to say, the state should coerce offenders to provide restitution for the harm inflicted on victims, and whenever possible restorative approaches should be taken to address criminal wrongdoing. (shrink)

This essay discusses criminal law theories in late Imperial Russia. It argues that, although the political climate of Reform and Counter Reform effectively undermined attempts to implement new legislation premised on the idea of the 'rights-enabled person', paradoxically, it fostered the growth of juridical scholarship. Russian criminal law theorists engaged critically with Western juridical science, which, beginning in the 1870s, witnessed a shift away from absolutist theories inspired by the classics of philosophical idealism towards various strains of positivism (...) arguing for the restoration of the person as a concrete, physiological being. However, while Russian scholars were drawn to these new trends of criminal anthropology and the sociology of crime, they were also obliged to take stock of an indigenous legal culture that scarcely differentiated between pravo and zakon, together with a long tradition of customary practices that equated crime and punishment with sin and redemption. (shrink)

This article starts from the observation that in classical Athens the discovery of democracy as a normative model of politics has been from the beginning not only a political and a legal but at the same time a philosophical enterprise. Reflections on the concept of criminal law and on the meaning of punishment can greatly benefit from reflections on Athenian democracy as a germ for our contemporary debate on criminal justice in a democracy. Three main characteristics of the (...) Athenian model will be analysed: the self-instituting capacity of a democracy based on participatory and reflective citizenship, political power as the capacity of citizens for co-operating and co-acting with others, and the crime of hubris as one of the key issues in Athenian criminal law. These analyses will lead to the conclusion that one of the key issues of a democratic legal order lies in its capacity of recognizing the fragility of the human condition and of developing workable and effective standards of justice in that context. A relational conception of criminal law and punishment, based on proportionality, reflexivity, mutual respect and responsibility fits best with a democracy under the rule of law. (shrink)

Anthropologists have expressed wariness about the concept of evil even in discussions of morality and ethics, in part because the concept carries its own cultural baggage and theological implications in Euro-American societies. Addressing the problem of evil as a distinctly human phenomenon and a category of ethnographic analysis, this volume shows the usefulness of engaging evil as a descriptor of empirical reality where concepts such as violence, criminality, and hatred fall short of capturing the darkest side of human existence.

This article is a libertarian critique of incest laws. On the basis of the libertarian “harm principle”, one must ask what exactly is the harm that incest brings forth. Traditionally, anthropologists have tried to rationalize the incest taboo in various theories, and lawmakers have used these principles as grounds for the criminalization of incest. These principles are the preservation of family structure, the enhancement of alliances and the avoidance of genetic risks. While I acknowledge that these rationalizations are plausible, I (...) argue that they are still not sufficient grounds for the preservation of incest laws, and consequently, there is an ethical need to reform them. (shrink)

In 1902, the Calabrian brigand Giuseppe Musolino was tried on several counts of murder and many crimes of lesser magnitude. While the tale of the brigand’s 1898 false conviction, imprisonment, escape and then revenge sparked a national debate about the political and cultural meaning of brigandage, the trial came to focus on Musolino’s emotional state at the time of his crimes. Was he a cold-blooded and calculating killer who manipulated southerners into believing he was a folk hero? Or was he (...) an angry, passionate and insane murderer victimized by his own feelings? Both jurists and scientists weighed in to determine his culpability. By turning a political question of banditry or brigandage into a psychological question of morbid or criminal emotions, the trial politicized the criminal character. This article examines the perspectives on emotions that shaped Musolino’s trial, and how psychiatric knowledge came to challenge legal notions of insanity and culpability. It argues that the determination of emotions as motives served to de-legitimize the rationale and political motives of the defendant, in turn politicizing his emotions and character. At the same time, the cause of Musolino’s crime and his culpability represented the failures of national unification and the ongoing tensions between the North and South of Italy. The introduction of psychiatric expertise into the criminal court pushed judgement and punishment to examine increasingly who a person was as opposed to what that person had done. The court’s definition of who a person ‘was’, was a matter of how that person felt. (shrink)

The concept of normal is so familiar that it can be hard to imagine contemporary life without it. Yet the term entered everyday speech only in the mid-twentieth century. Before that, it was solely a scientific term used primarily in medicine to refer to a general state of health and the orderly function of organs. But beginning in the middle of the twentieth century, normal broke out of scientific usage, becoming less precise and coming to mean a balanced condition to (...) be maintained and an ideal to be achieved. In Normality, Peter Cryle and Elizabeth Stephens offer an intellectual and cultural history of what it means to be normal. They explore the history of how communities settle on any one definition of the norm, along the way analyzing a fascinating series of case studies in fields as remote as anatomy, statistics, criminal anthropology, sociology, and eugenics. Cryle and Stephens argue that since the idea of normality is so central to contemporary disability, gender, race, and sexuality studies, scholars in these fields must first have a better understanding of the context for normality. This pioneering book moves beyond binaries to explore for the first time what it does—and doesn’t—mean to be normal. (shrink)

Le Musée d’Anatomie humaine de l’Université de Turin , créé en 1739, fut transféré en 1898 dans le bâtiment où il se trouve actuellement, dans des locaux caractérisés par une architecture monumentale. Il a été récemment restauré dans le but de retrouver l’atmosphère de l’époque, et en même temps, le projet à fait l’objet d’une réflexion attentive sur les possibilités de le transformer de musée savant en musée communiquant. Le Musée d’Anatomie humaine fait partie d’un pôle muséal turinois en développement (...) qui comprend actuellement, en outre, le Musée des Fruits et le Musée d’Anthropologie criminelle « Cesare Lombroso ». Ces trois musées, qui accueillent presque 200 visiteurs par jour, offrent un bel aperçu du positivisme scientifique, qui fut particulièrement important à Turin.The University of Turin’s Museum of Human Anatomy, founded in 1739, was transferred in 1898 to the building it still occupies, which is notable for its monumental style of architecture. It was recently restored to the atmosphere of its day, but during the project, careful consideration was given to possibilities for transforming this scholarly establishment into a communicational museum. It is one of those included in Turin’s new museums project, alongside the Museum of Fruit and the Cesare Lombroso Museum of Criminal Anthropology. All three museums, which have about 200 visitors a day, offer valuable insights into scientific positivism, which was particularly influential in Turin. (shrink)

1. Bd. Individualstrukturen in der Rechtsordnung.

ResumoEste ensaio examina a sobrevida textual de uma cabeça — a de Antônio Vicente Mendes Maciel, o Antônio Conselheiro (1830-1897), a partir de sua morte na Guerra de Canudos (1896-1897). Traçam-se as figurações do crânio de Conselheiro na imprensa brasileira do fim do século XIX e nos trabalhos do médico legista Raimundo Nina Rodrigues e do engenheiro e escritor Euclides da Cunha. Embora ambos esperassem que o crânio de Conselheiro apresentasse evidências físicas de degeneração racial, as observações craniométricas de Nina (...) Rodrigues revelaram um crânio normal. Argumenta-se que esse fracasso da aproximação materialista à psique humana deu proeminência a explicações sociológicas para o fenômeno de Canudos, além de levantar questões sobre visibilidade, raça e racismo científico na virada do século XX e no mundo contemporâneo.Palavras-chave: Raça. Psiquiatria. Guerra de Canudos. Antropologia criminal. AbstractThis essay examines the textual afterlife of a head—that of Antônio Vicente Mendes Maciel (Antônio Conselheiro [1830-1897]), after his death in the Canudos War (1896-1897). It traces figurations of Conselheiro’s skull in the late nineteenth-century Brazilian press and in the works of Raimundo Nina Rodrigues and Euclides da Cunha. Although these two social scientists expected Conselheiro’s skull to display physical evidence of racial degeneration, Nina Rodrigues’s craniometric measurements and observations revealed a perfectly normal skull. It is argued that this failure of a materialist approach to the human psyche allowed a stronger reliance on sociological explanations for the Canudos phenomenon that opens up questions on scientific racism and the visibility of race in the turn of the twentieth century and in contemporary times.Keywords: Race. Psychiatry. Canudos War. Criminal Anthropology. (shrink)

As a contribution to a wider discussion on moral discernment in theological anthropology, this paper seeks to answer the question “What is the impact of mental illness on an individual’s ability to make moral decisions?” Written from a clinical psychiatric perspective, it considers recent contributions from psychology, neuropsychology and imaging technology. It notes that the popular conception that mental illness necessarily robs an individual of moral responsibility is largely unfounded. Most people who suffer from mental health problems do not (...) lose the capacity to make moral decisions, and mental illness on its own rarely explains anti-social or criminal behaviour. Moreover, the assumptions of some scientists, that recent developments in neuropsychology and brain imaging suggest biological determinism, must be treated with caution. (shrink)

The “plant turn” in anthropology, while controversial, has led to a renewed focus on how humans relate to different species of plants. In this article, I aim to contribute to our knowledge of human-plant relationships by analyzing how historical actors used sacred plants in past ritual settings. I study criminal and civil cases involving shamans in late colonial Ecuador, with a focus on plant use. Legal records from 1782, 1793, 1800, and 1802 reveal information about the use of (...) fragrant plants believed to have transformative properties, the use of entheogens for non-visionary purposes, and even the incorporation of the sacred wanduc (Brugmansia sp) into the punishment of one shaman. This plant-focused approach to the reading of ethnohistorical documents provides a history of particular plants as they were used by individual actors in specific geographic and historical contexts, and sheds light on people’s understanding of human-plant-spirit relationships. (shrink)

In 1968, the Harvard criteria equated irreversible coma and apnea with human death and later, the Uniform Determination of Death Act was enacted permitting organ procurement from heart-beating donors. Since then, clinical studies have defined a spectrum of states of impaired consciousness in human beings: coma, akinetic mutism, minimally conscious state, vegetative state and brain death. In this article, we argue against the validity of the Harvard criteria for equating brain death with human death. Brain death does not disrupt somatic (...) integrative unity and coordinated biological functioning of a living organism. Neurological criteria of human death fail to determine the precise moment of an organism’s death when death is established by circulatory criterion in other states of impaired consciousness for organ procurement with non-heart-beating donation protocols. The criterion of circulatory arrest 75 s to 5 min is too short for irreversible cessation of whole brain functions and respiration controlled by the brain stem. Brain -based criteria for determining death with a beating heart exclude relevant anthropologic, psychosocial, cultural, and religious aspects of death and dying in society. Clinical guidelines for determining brain death are not consistently validated by the presence of irreversible brain stem ischemic injury or necrosis on autopsy; therefore, they do not completely exclude reversible loss of integrated neurological functions in donors. The questionable reliability and varying compliance with these guidelines among institutions amplify the risk of determining reversible states of impaired consciousness as irreversible brain death. The scientific uncertainty of defining and determining states of impaired consciousness including brain death have been neither disclosed to the general public nor broadly debated by the medical community or by legal and religious scholars. Heart-beating or non-heart-beating organ procurement from patients with impaired consciousness is de facto a concealed practice of physician-assisted death, and therefore, violates both criminal law and the central tenet of medicine not to do harm to patients. Society must decide if physician-assisted death is permissible and desirable to resolve the conflict about procuring organs from patients with impaired consciousness within the context of the perceived need to enhance the supply of transplantable organs. (shrink)

This work proposes research on a still unexplored psychical world: thoughts, emotions, and real events experienced by racket victims of the three largest criminal organizations of the South of Italy: Mafia, Camorra, and ‘Ndrangheta. The purpose is to understand the multifaceted psycho-anthropological and social issues criminal organizations have settled on, and particularly which psycho-relational dynamics and sociocultural codes come into play in the complex and controversial relationship between victim and criminal system, between victim and support systems. With (...) entrepreneurs and tradesmen victims of organized crime, we have analyzed lived experiences—in particular fear—and psychological problems they had to cope with; events and motivations that allowed them “breaking” the silence and asking for help; the representation of a support network before and after their possible pressing charges; the kind of help offered by support systems. Dignity and self-respect, the fight for one's own freedom and honor,.. (shrink)

In recent years, several cases about the legal personhood of nonhuman animals garnered global attention, e.g. the recognition of ‘basic rights’ for the Argentinian great apes Sandra and Cecilia. Legal scholars have embraced the animal turn, blurring the once sovereign boundaries between persons and objects, recognising nonhuman beings as legal subjects. The zoonotic origins of the Covid-19 pandemic stress the urgency of establishing ‘global animal law’ and deconstructing anthropocentrism. To this end, it is vital to also consider the extensive premodern (...) legal history that humans share with other animals. Over 200 so-called animal trials have been documented in premodern Europe. In these proceedings, certain nonhuman animals—particularly domestic pigs—were prosecuted, often resulting in their capital punishment or anathema. This paper takes a history of ideas approach to these historical instances where Western philosophy of law and philosophical anthropology intersect, problematising the notion that such trials constitute wholesome precedents of the kind of legal personhood presently debated in jurisprudence. My counter-hegemonic analysis of the legal prosecution and execution of several pigs in fifteenth-century France demonstrates that late mediaeval notions of criminality transcended the alleged human-nonhuman divide whilst reaffirming and reifying human distinctiveness. I propose that pig trials were local laboratories where Christian communities reflected upon the natural hierarchy of God’s creation. Ensuing the apparent breach of the prescribed boundaries of nature, these communities renegotiated and re-naturalised everyday interspecies sociability by utilising the offending animals to exemplify particular norms about what it means to be human, generally to the animals’ detriment. (shrink)

The second volume in an unprecedented publishing event: the complete College de France lectures of one of the most influential thinkers of the last century Michel Foucault remains among the towering intellectual figures of postmodern philosophy. His works on sexuality, madness, the prison, and medicine are classics his example continues to challenge and inspire. From 1971 until his death in 1984, Foucault gave public lectures at the world-famous College de France. These lectures were seminal events. Attended by thousands, they created (...) benchmarks for contemporary critical inquiry. The lectures comprising Abnormal begin by examining the role of psychiatry in modern criminal justice, and its method of categorizing individuals who "resemble their crime before they commit it." Building on the themes of societal self-defense in the first volume of this series, Foucault shows how and why defining "abnormality" and "normality" were prerogatives of power in the nineteenth century, shaping the institutions--from the prison system to the family--meant to deal in particular with “monstrosity,” whether sexual, phsyical, or spiritual. The College de France lectures add immeasurably to our appreciation of Foucault's thought, and offer a unique window on his singular worldview. (shrink)

The first edition of The Mismeasure of Man appeared in 1981 and was quickly praised in the popular press as a definitive refutation of 100 years of scientific work on race, brain-size and intelligence. It sold 125,000 copies, was translated into 10 languages, and became required reading for undergraduate and even graduate classes in anthropology, psychology, and sociology. The second edition is not truly revised, but rather only expanded, as the author claims the book needed no updating as any (...) new research would only be plagued with the same philosophical errors revealed in the first edition. Thus it continues a political polemic, whose author engages in character assassination of long deceased scientists whose work he misrepresents despite published refutations, while studiously witholding from his readers fifteen years of new research that contradicts every major scientific argument he puts forth. Specific attention in this review are given to the following topics: the relationship between brain size and IQ, the importance of the scientific contributions of Sir Francis Galton, S. G. Morton, H. H. Goddard, and Sir Cyril Burt, the role of early IQ testers in determining U.S. immigration policy, The Bell Curve controversy and the reality of g, race /sex/social class differences in brain size and IQ, Cesare Lombroso and the genetic basis of criminal behavior, between-group heritabilities, inter-racial adoption studies, and IQ why evolutionary theory predicts group differences, and the extent to which Gould's political ideology has affected his scientific work. (shrink)

We argue that philosophy has an important role to play in bridging certain social practices with certain scientific advancements. Specifically, we describe such a role by focusing on the issue of how and whether neuropsychological data concerning psychopathic offenders reflect on their criminal culpability. We offer some methodological requirements for this type of philosophical application. In addition, we show how it might help in addressing the problem of determining the criminal responsibility of psychopathic offenders.

The extraordinary parallel between the psychological theory of reversals (Apter, 1982) and the anthropological theory of anti-structure (Turner, 1982)-- both derived independently and almost simultaneously from entirely different kinds of evidence and research-- would seem to point to something profound and universal in human experience which has been curiously neglected in the behavioural sciences and entirely ignored in consciousness studies. What I will do here is to introduce reversal theory, show how it applies to ritual, and then compare it with (...) Victor Turner's well-known approach to the very same topic. Reversal theory has in fact been used to elucidate many diverse social phenomena, for example criminal violence, military combat, sexual behaviour, family relationships, soccer hooliganism, organizational culture, leadership, team sports, social advocacy and classroom management (see review in Apter, 2001a). The present paper extends these ideas to ritual for the first time, and makes reference especially to the work of Turner and his idea of cultural inversions (Turner, 1969). Reversal theory is also about inversions, but the inversions in this case (i.e. reversals) occur at the level of individual psychology and are identified initially as experiential rather than behavioural or social. This paper will explore the relationship between these two kinds of reversal, psychological and anthropological. (shrink)

The history of eugenics has become a classic arena for examining how the interplay of culture, social interests and social structures affects the advancement of science. At the same time eugenics demonstrates how in the first half of the twentieth century, the expectation arose that science could offer the solution of social problems; for biology intruded into many areas of social policy during the 1920s and 30s. Historians of science have been struck by the coincidence between the rise of genetics (...) and eugenics after 1900. Genetics underpinned techniques of family reconstruction, which were deployed for the screening of population groups. Areas of social policy such as the prediction of potential criminals and other types of social deviancy relied on eugenic rationales. This poses intriguing problems concerning the extent to which genetic research was motivated by eugenic ideals, particularly in the field of human genetics. At the same time, it is important to recognize that eugenics was a heterogenous agglomeration of sciences: in addition to genetics, a prominent place was taken by anthropology, clinical medicine, statistics, and psychology. These diverse constituents were welded together by cultural and social movements peculiar to respective national contexts. (shrink)

Since the turn of the millennium South Korea has continued to grapplewith transgressions that shook the nation to its core. Following the serial killings of Korea's raincoat killer, the events that led to the dissolution of the United Progressive Party, the criminal negligence of the owner and also the crew members of the sunken Sewol Ferry, as well as the political scandals of 2016, there has been much public debate about morality, transparency, and the law in South Korea. Yet, (...) despite its prevalence in public discourse, transgression in Korea has not received proper scholarly attention. Transgression in Korea challenges the popular conceptions of transgression as resistance to authority, the collapse of morality, and an attempt at self- empowerment. Examples of transgression from premodern, modern, and contemporary Korea are examined side by side to underscore the possibility of reading transgression in more ways than one. These examples are taken from a devotional screen from medieval Korea, trickster tales from the late Choson period, reports about flesheating humans, newspaper articles about same- sex relationships from colonial Korea, and films about extramarital affairs, wayward youths, and a vengeful vigilante. Bringing together specialists from various disciplines such as history, art history, anthropology, premodern literature, religion, and film studies, the context- sensitive readings of transgression provided in this book suggest that transgression and authority can be seen as forming something other than an antagonistic relationship. (shrink)

Western jihadism is a complex phenomenon in which the imaginary dimension, the subjectivity of the actors linked to their socio-economic condition but also to their ethnicity, and beyond that, what I call their subjectivation (the ability to empower oneself as a social actor), play a significant role. In Europe, among the Muslim offshoots of migrant workers, most of the psychological developments associated with Jihadism occurs in very specific urban structures, the poor districts or suburbs, where a high concentration of urban (...) poor live with a burden of social stigma linked to the high criminality rate. These settings are often de facto ghettoes. The development of a specific urban imagination often gives meaning to the jihadist commitment among young people living in this type of settlement. This imaginary often feeds on a feeling of stigmatization among these people. Jihadism is not a quest for meaning, but its discovery, the wielding of it through embracing death and inflicting it on the ‘infidels’. It is, in another way, a punishment of society, an act of vengeance against it, be it due to personal reasons (mainly for the young downtrodden of the immigrant origin who feel stigmatized by the society) or due to the lack of ideal, utopia and social justice in society (the case of the young middle class people). This study aims at underlining the fact that social imaginaries should be at the root of socio-anthropological analysis and without understanding the meaning of social action, quantitative views give us at best a unilateral, at most a distorted view of social action and social behavior. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 33.2 (2000) 187-191 [Access article in PDF] Book Review Memory, Identity, Community: The Idea of Narrative in the Human Sciences Memory, Identity, Community: The Idea of Narrative in the Human Sciences. Ed. Lewis P. Hinchman and Sandra K. Hinchman. Albany: SUNY Press, 1997. Pp. 393. $59.50, cloth; $19.95, paperback. According to its editors, the point of this anthology of previously published essays is to "illustrate the (...) ways in which 'narrative' has been used as an organizing concept in the human sciences over the last few decades" (ix). They argue that a "paradigm shift" is occurring in the human sciences, "one that leads away from nomological models and toward a more humanistic language and approach, in which narratives are central." Accordingly, the collection features essays about narrative written by authors who represent fields as disparate as philosophy, history, sociology, anthropology, psychology, religion, law, gender studies, political science, speech communication, and environmental studies. The collection reprints a few essays that are well known within the humanities. For example, the Hinchmans include an excerpt from Alasdair MacIntyre's After Virtue (1981), as well as Gertrude Himmelfarb's often-reprinted attack on social history, entitled "History With the Politics Left Out."As their title indicates, the editors divide their collection into three sections entitled "Memory," "Identity," and "Community." Their rationale for this division is that memory serves humans as a narrative stream that makes sense of the otherwise inchoate data given by experience. The narrative structured by memory produces what the Hinchmans call identity. Identity in its turn is influenced by narratives that circulate in the communities in which an individual exists. This collection aims to demonstrate that narrative plays a fundamental role within all three of these conceptual categories. The Hinchmans put it this way: As historians, social scientists, or (for that matter) prophets and bards weave narratives of the second order--stories that connect the individual mind to the social world--they create artifacts that soon take on a life of their own. These stories, told and retold, furnish the stock from which individual life narratives can be constructed. In other words, the story of an individual life usually plays off of one or more historically and socially transmitted narratives, which serve as prototypes of the elaboration of personal identity. Narrative theory is thus always implicitly a theory of how communities are formed and maintained, and how individuals are drafted into available social roles. (xxii-xxiii) [End Page 187]Each of the three major sections contains one or two theoretical essays, as well as two or three more that consider ways in which the concepts of memory, identity, and community play out in specific disciplinary contexts. For example, the section on community is introduced with MacIntyre's meditation on the relation of narrated selves to communities. It contains a theoretical essay by Edward M. Bruner on the malleability of community narratives, entitled "Ethnography as Narrative," and Walter Fisher's "Narration, Reason, and Community." Philip Abbott examines the use of narrative in political theory in an essay entitled "Storytelling and Political Theory," while Jim Cheney demonstrates the fruitfulness of communal narrative to environmental rhetoric in "Postmodern Environmental Ethics: Ethics as Bioregional Narrative." (Cheney's is the most intriguing piece in the collection).The editors introduce each section of the collection with brief essays that raise interesting questions. For example, introducing the section called "Memory," they ask: "Is the past something that can be reconstructed, on the basis of memories, or can it only be constructed?" and "Is there such a thing as prereflective, prenarrative, unemplotted experience, or does all experience possess at least an implicit narrative structure?" (1-2). Two of the essays collected under this head, David Carr's "Narrative and Real World: An Argument for Continuity" and Stephen Crites's "The Narrative Quality of Experience," are theoretical attempts to answer these questions. Other essays in this section investigate the role played by memory and narrative in the construction of specific discourses. W. Lance Bennett examines the role played by storytelling in criminal trials, and Misia... (shrink)

Hannah Arendt’s claim that thinking is the last defense against the moral outrages of criminal political regimes sets the problematic of good and evil in relief. Human freedom, Paul Ricœur reminds us, is responsible for evil. The avowal of the evil of violence is thus the condition of our consciousness of the freedom to act anew. Aesthetic experience’s lateral transposition onto the planes of ethics and politics highlights our capacity to respond to exigencies in apposite ways. Exemplary representations of (...) the good, the right, and the justexpress a desire for being. Eros is accordingly the law of every work, word, deed, or act that answers to a difficulty, challenge, or crisis. Bound to living experiences, thought attains its true height through interrogating, demystifying, and vacating frozen norms, standards, and mores. Judgment actualizes thought’s liberating effects in answer to the demands of the situations in which we find ourselves. (shrink)

The exploration of penal censure in this book is inspired by the fortieth anniversary in 2016 of the publication of Andreas von Hirsch's Doing Justice, which opened up a fresh set of issues in theorisation about punishment that eventually led von Hirsch to ground his proposed model of desert-based sentencing on the notion of penal censure. Von Hirsch's work thus provides an obvious starting-point for an exploration of the importance of censure for the justification of punishment, both within von Hirsch's (...) theory of just deserts and from the perspectives of other theoretical approaches. It also provides an opportunity for engaging with censure more broadly from philosophical, sociological-anthropological and individual-psychological perspectives. The essays in this collection map the conceptual territory of censure from these different perspectives, address issues for desert theory that arise from fuller understandings of censure, and consider afresh the role of censure within the jurisprudence of punishment. They show that analyses of censure from different vantage points can significantly enrich punishment theory, not least by providing a conceptual basis for perceiving common ground between and thus connecting different strands of penal theory. (shrink)

This chapter examines global policing as it takes shape through the work of Interpol, the International Criminal Police Organization. Global policing emerges in the legal, political and technological amalgam through which transnational police cooperation is carried out, and includes the police practices inflected and made possible by this phenomenon. Interpol’s role is predominantly in the circulation of information, through which it enters into relationships and provides services that affect aspects of governance, from the local to national, regional and global. (...) The chapter describes this assemblage as a noteworthy experiment in developing what McKeon called a frame for common action. Drawing on Interpol publications, news stories, interviews with staff, and fieldwork at the General Secretariat in Lyon, France, the history, institutional structure, and daily practices are described. Three cases are analyzed, concerning Red Notices, national sovereignty, and terrorism, in order to explore some of the problems arising in Interpol’s political and technical operating arrangements. In conclusion, international and global policing are compared schematically, together with Interpol’s attempts to give institutional and procedural direction to the still-evolving form of global policing. (shrink)

Despite a “spatial imaginary” which constructs Europe as a location of sexual and gender freedom (Rao, 2014), presently, twenty countries in Europe require sterilisation in order to legally recognise transgender people’s gender identities, including four of the seven countries in the INFERCIT study: Greece, Italy, Turkey, and Cyprus (but not Spain, which since 2007 does not require sterilisation for gender identity recognition [see Platero, 2008]. In Bulgaria and Lebanon no gender identity recognition for trans people is provided by law; the (...) latter lies outside the “European” region) (TGEU, 2014). Compulsory sterilisation—classified as a crime against humanity in the Rome Statute of the International Criminal Court (UN General Assembly, 1998: art. 7.1)—is widely in force against transgender people, who constitute “the only known group in Europe subject to legally prescribed, state-enforced sterilisation” (Hammarberg, 2009: 19). However, forced sterilisation of trans people is not generally conceptualised as a eugenicist or genocidal policy, in part because sterilisation is conflated with gender reassignment surgical interventions which, widely considered as that which brings transgender bodies into being, are in turn conflated with embodied transgender subjectivities. On this view, transgender individuals could not exist except through a medicalised process that, by design, precludes their “natural” reproductive capacities and is generally not accompanied by fertility preservation or the provision of assisted reproduction technologies (Plemons, 2014: 38; De Sutter et al., 2002; De Sutter, 2001). Sterilisation laws are justified through a pathologising discourse on transgender lives which constructs gender reassignment interventions as medical “treatment” of gender identity disorder (Suess, Espineira & Crego Walters, 2014: 73-76). Adopting a depathologising perspective enables us to contextualise compulsory sterilisation (which naturalises the sexually dimorphic, cisgender, heterosexual body) as a form of “gendercide” which has historically been instrumental in the imposition of a Euro-colonial binary gender system (Miranda, 2010; Lugones, 2007). The state-imposition of medical interventions on trans people not only has deleterious effects on their reproductive rights, “effectively undermin[ing] their right to found a family” (Hammarberg, 2009: 21; see OHCHR et al., 2014)—as “family” is hegemonically defined by a heteronormative and bio/ logical kinship order (Butler, 2002; van Anders, 2014). I argue that state regulation of transgender reproduction constitutes a form of institutionalised gendered violence inasmuch as it impedes transgender people’s ability to exercise inherent first-person authority over the materiality and meanings of their gendered embodiments (Bettcher, 2009; Spade, 2013). Efforts to renaturalise gender and kinship inextricably intersect (Kantsa, 2006) in the biopolitical attempt to regulate transgender embodiments and reproduction, which conditions the emerging legal recognition of transgender subjects as a rights-bearing minority (Stryker, 2014). (shrink)