The United States carceral system, as currently designed and implemented, is widely considered to be an immoral and inhumane system of criminal punishment. There are a number of pressing issues related to this topic, but in this essay, I will focus upon the problem of prison violence. Inadequate supervision has resulted in unsafe prison conditions where inmates are regularly threatened with rape, assault, and other forms of physical violence. Such callous disregard and exposure to unreasonable risk constitutes a (...) severe violation of the rights of prisoners by the state. While there have been numerous legal, political, and activist efforts to draw attention to this issue—with the goal of reforming and making prisons safer—my goal is different. I argue that inmates who are victims of prison violence should have their sentences automatically reduced. Two distinct arguments are advanced in support of this claim. First, I argue that acts of prison violence are a sort of state-mediated harm which can thus be appropriately described as punishment-constituting. Second, and more straightforwardly, I argue that the compensation owed to prisoners who are victims of prison violence may naturally take the form of a reduced sentence. (shrink)

Spiritual violence is a modern concept expressing the abusive aspects of religion. This article observes the potential for spiritual violence within the rhetoric of the Gospel of Matthew, a principal text of the dominant world religion. Utilizing the supernatural punishment hypothesis of religion as a theoretical background, this cross-disciplinary analysis opens perspectives on the use of religious power in the past and the present.

This article explores the gender dynamics of ‘causing or allowing a child to die’, contrary to the Domestic Violence, Crime and Victims Act 2004, section 5. This offence was intended to allow for prosecution where a child had been killed and it was uncertain who had killed him/her, but also to allow for prosecution of non-violent defendants who failed to protect him/her. More women than men have been charged and convicted of this offence signifying a reversal of usual patterns (...) of prosecution and conviction. This analysis interrogates how section 5 criminalises women who have experienced domestic abuse. Drawing on a case observation, reported cases and media reports of cases, I suggest this offence derives from and perpetuates patriarchal constructs of motherhood. Grounded in a feminist approach building on women’s concrete experiences of law, I conclude that section 5 should be amended so that it is only used where it cannot be ascertained which defendant actively harmed a child. (shrink)

In response to the challenges presented by violence, war, and capital punishment, For the Life of the World: Toward a Social Ethos of the Orthodox Church argues that foundational liturgical, canonical, and spiritual resources invite the Church to manifest a foretaste of the fullness of God’s peace amidst the brokenness of a world that remains tragically inclined toward taking the lives of those who bear the divine image and likeness. It also summons the Church to engage people and power (...) structures toward the end of enacting practical reforms that ameliorate the underlying causes of violence, a task especially urgent in light of the powerful weapons and technologies employed by governments today. While reflecting distinctive Orthodox sensibilities on the topics it addresses, the document also presents points of commonality with other Christian traditions of theological and moral reflection, especially concerning the obligation to take realistic initiatives in peacemaking. (shrink)

This book probes the extreme variation in discourses on violence and punishment. Its comprehensive examination brings together normative political-theoretical discourses on punishment, historical changes in violence and punishment, and perspectives on punishment from political powers, world religions, literature and film, criminology, and theodicy.

The argument that justice entails a form of what is deserved continues to inform attitudes about punishment. The belief in ‘just deserts’ is especially relevant in cases of punishment that are not court-ordered or officially prescribed, but nonetheless are considered deserved. Perhaps the most egregious example concerns incarcerated persons who are sexually assaulted. The belief in violence as justly deserved is ethically problematic, negatively affecting the health of incarcerated persons, as well as those outside of prisons. I argue that (...) in the context of prison sexual violence, acceptance and proffering of the just deserts position is founded upon and promulgates toxic masculinity, which undermines the personhood of prisoners and reinforces a culture of homophobia and sexism both within and beyond prison walls. I outline an alternative based on an Ubuntu ethic that rejects prison sexual violence as a form of just deserts and fosters an approach to justice that seeks reconciliation. (shrink)

Forced displacement and silencing are inextricably bound for communities who have experienced different forms of violence in different contexts. This article explores the narratives about the war that began on 5 October 2017 in the district of Mocímboa da Praia, on the coast of the province of Cabo Delgado, northern Mozambique, by a group of radical guerrillas locally known as mashababe. Since then, from isolated attacks on remote villages, violence has spread to more districts in the region, with (...) kidnappings of civilians, looting of barns and houses, thus imposing the forced displacement of hundreds of thousands of people in addition to an inestimable number of dead and missing people. This article combines the history and ethnographic work carried out between 2018 and 2021 with the homeless populations from conflict regions and hosted in the 'Nacaca Displaced Persons Camp' (Campo de Deslocados de Nacaca), built in the district of Montepuez, south of Cabo Delgado, a region previously considered safe. The aim of this paper is to analyse how the multiple faces of traumatic violence (physical, psychological and symbolic) are processed in which war victims are continually exposed through silencing imposed by different actors who frequent their new places of refuge. (shrink)

This book brings together scholarship on three different forms of state violence, examining each for what it can tell us about the conditions under which states use violence and the significance of violence to our understanding of states. This book calls into question the legitimacy of state uses of violence and mounts a sustained effort at interpretation, sense making, and critique. It suggests that condemning the state's decisions to use lethal force is not a simple matter (...) of abolishing the death penalty or – to take another exemplary example of the killing state – demanding that the state engage only in just wars, pointing out that even such overt instances of lethal force are more elusive as targets of critique than one might think. Indeed, altering such decisions may do little to change the essential relationship of the state to violence. (shrink)

This article presents Kautilya, the most important thinker in the tradition of statecraft in India. Kautilya has influenced ideas of war and violence in much of South- and Southeast Asia and he is of great importance for a comparative understanding of the ethics of war. The violence inflicted by the king on internal and external enemies is pivotal for the maintenance of an ordered society, according to Kautilya. Prudence and treason are hallmarks of Kautilya's world. The article shows (...) that this realist and cynical view of politics is very different from other traditions in India, especially the religious tradition of the epic literature, where war is a game and chivalry is paramount. I conclude that Kautilya's tradition has something in common with the Clausewitzean philosophy of war. (shrink)

This new second edition of Punishment includes a revised and expanded defence of the groundbreaking unified theory of punishment that brings together elements of retribution, deterrence and rehabilitation into a new coherent framework. Thom Brooks expands the chapter length case studies from capital punishment, juvenile offending, domestic violence and sex crimes to include new chapters on social media offences and corporate liability addressing some of today's most pressing issues in criminal justice.

Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment (2nd edition) is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading contemporary (...) theories of punishments, this book explores – among others – retribution, the communicative theory of punishment, restorative justice and the unified theory of punishment. Thom Brooks applies these theories to several case studies in detail, including capital punishment, juvenile offending and domestic violence. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and ground-breaking. This second edition has extensive revisions and updates to all chapters, including an all-new chapter on the unified theory substantively redrafted and new chapters on cyber-crimes and social media as well as corporate crimes. Punishment is essential reading for undergraduate and graduate students in philosophy, criminal justice, criminology, justice studies, law, political science and sociology. "Lucid, fair-minded, and well-informed, Thom Brooks’ Punishment offers a superb introduction to a complex and contentious subject. Many a perplexed student will find illumination in his patient discussion of each of the leading theories. The way Brooks shows their interconnectedness and application in practice – to capital punishment, juvenile offenders, domestic violence, and the like – will interest not only students but scholars as well." ―Stuart P. Green, Distinguished Professor of Law and Nathan L. Jacobs Scholar, Rutgers School of Law "As a topic in moral and political philosophy, punishment has been jolted back to life. In the last quarter century, retribution has returned with a vengeance, both in the theoretical literature and (with a very different emphasis) in public policy. The rise of the victim as a player in the criminal justice system has also fuelled a counter-trend, placing an emphasis on redress. Human rights, privatization, globalization, the rise of the therapist, the lobbyist, the terrorist: all have affected our ways of punishing and of thinking about punishment. A new survey of the terrain is overdue. And who better to conduct it than Thom Brooks, whose grasp of the literature and feel for the issues is second to none? From the noble ideals of ‘communicative’ theory to the grim realities of children in prison: in Punishment Brooks covers it all with insight, rigour, and energy." ―John Gardner, Professor of Jurisprudence, University of Oxford "Thom Brooks has produced a valuable introduction to, and critical survey of, current theoretical approaches to punishment together with an analysis of their implications for practice. In addition, he has provided a spirited defence of a new, unified theory inspired by the British Idealists and encompassing retributive, consequentialist, and restorative elements. Written in a lucid and engaging style, the book will interest a wide range of readers – students, theorists of punishment, as well as those engaged in criminal justice policy." ―Alan Brudner, Albert Abel Professor Emeritus, Faculty of Law, University of Toronto. (shrink)

Drawing upon empirical studies of racial discrimination dating back to the 1940’s, the Movement for Black Lives platform calls for the abolition of capital punishment. Our purpose here is to defend the Movement’s call for death penalty abolition in terms congruent with its claim that the death penalty in the U.S. is a “racist practice” that “devalues Black lives.” We first sketch the jurisprudential history of race and capital punishment in the U.S., wherein courts have occasionally expressed worries about racial (...) injustice but have usually taken such evidence to warrant reform but not outright abolition. We argue that the racial discrimination at issue flows in significant part from implicit biases concerning race, criminality, and violence, which do not fit comfortably within the picture of racial bias advanced by the courts. The case for abolition, we contend, rests on Black Americans as a class (not merely those who interact with the criminal justice system as capital defendants or as murder victims) being subject to such bias and thereby not being accorded equal status under the law. (shrink)

Revolutionary violence stems from the conatus of survival, from the appetite for life and joy rather than from the desire to destroy and the hubristic pretension to punish. It is an incursion of one's desire to affirm life and annihilate pain. Following Laruelle's methodology of nonstandard philosophy, I conclude that revolutionary violence is the product of an intensive expansion of life. Pure violence, conceived in non-philosophical terms, is a pre-lingual, presubjective force affected by the “lived,; analogous (...) to Badiou's void and it is radically revolutionary. It is fundamentally different from Benjamin's lawmaking “divine violence; and its appropriations by Žižek. Revolutionary experience is inevitably translated into language. What preserves the revolutionary substance in a post-revolution political discourse is that it is constantly checked by the sense of fidelity to the experience of the revolutionary event. Agamben, Benjamin, Schmidt and Žižek are discussed from an essentially non-philosophical stance, informed by Laruelle's theory that has been supplemented in some aspects by Badiou's concept of the pre-lingual event. (shrink)

What is the meaning of punishment today? Where is the limit that separates it from the cruel and unusual? Clearly, for the use of violence to be legitimate it must be subject to limitation. The difficulty is that the determination of this limit should be objective, but it is not. It is this contestability of the limit that this book addresses.

In lieu of an abstract, here is a brief excerpt of the content:VIOLENCE AND NONVIOLENCE IN HINDU RELIGIOUS TRADITIONS Francis X. Clooney, SJ. Boston College Outline I.Violence, Sacrifice and Ritual 1. Some basic attitudes toward the killing of animals 2.Resolving the problem of sacrificial violence by internalization 3.Substitutions 4.Renunciation and nonviolence: an elite pathway 5.Violence andnonviolenceinrelation to vegetarianism: Hans Schmidt's theses?. Traditional Hindu Theorizations of Violence in Mimamsa Ritual Theory and Vedanta Theology 1. The ritual (...) analysis (at Mimamsa Sutra 1.1.2) of the Shyena rite which is performed in order to harm enemies 2.The Vedanta analysis (at Uttara Mimamsa Sutra 3.1.25) of ritual violence in relation to the prohibition of violence??. Violence in the Life of the State HOFrancis X. Clooney, S.J. 1. The royal power to punish (danda) 2.The synthesis of the ideals of brahmin and king a..The distribution and management of violence in the Laws ofManu (1st century CE) b. Policy toward warfare in the Arthashastra of Kautilya 3.The collapse of the brahmanical synthesis—and the emergence of a (seemingly) more nonviolent Hinduism 4.A comment on Gandhi (1 869-1948) and the contemporary emergence of post-Gandhian Hindu perspectives IV.Alternate Views from Outside the Sanskritic Tradition 1. Tamil Wisdom on Violence and Nonviolence: a.Tirukkural (c. 2nd century CE) b.Cilappatikaram (5th century CE) 2.Blood and Goddesses 3.From a Village Perspective a. Some Trouble with Cows b.Mahasweta Devi and the Literary Exposure of Violence V.The Question of a Christian Perspective on the Hindu Treatment of Violence and Religion: Are Victims Necessary? Some Presuppositions: • The following reflections, complex as they are, are governed by a reluctance to simplify Hindu teaching. I seek to avoid the view that the Hindu traditions had only one view of violence and nonviolence. • I use the term "Hindu" loosely and as a shorthand, without claiming that there is a single Hindu tradition, or a single creed shared by all Hindus, or a single attitude toward violence. But neither do I claim that there are simply many traditions without any common elements which justify the appellation "Hindu." • I am reluctant to idealize the Hindu traditions as if nonviolence must necessarily be taken as the epitome ofHindu thought. India's traditions are complex, and require complex treatment. • A serious artificiality of this paper is that I treat Hinduism without simultaneously lookinginto Buddhist andJain materials, though both were traditions with important and enduring commitments to nonviolence. Particularly with respect to the renunciant, marginal components of traditions, one ought not to make overly neat or decisive distinctions Violence and Nonviolence in Hindu Religious Traditions 1 1 1 between the Hindu, Buddhist, and Jain theories and practices related to violence and nonviolence. • I attempt to give preference to indigenous discussions ofissues related to violence and nonviolence; the context and mode of thinking are important, notjust the conclusions drawn. I therefore avoid simply mining Hindu texts for an answer to a contemporary question, "What is the Hindu attitude toward violence and nonviolence?" • In most ofwhat follows we must distinguish contexts where "violence" indicates "physical action which causes pain to some living being," from contexts where "violence" indicates "an intention, rooted in anger or malice, to hurt someone." I use the word "violence" for both in order to highlight the complex issues of distinction involved. In considering the Sanskrit formulations, one likewise has to distinguish himsa as "causing pain" from himsa as "intending to harm." • It is often difficult to date ancient texts, and even when one narrows down a date—within 200-300 years—its significance still depends on other, often equally broadly stated dates. Nevertheless, I do offer dates throughout, as summarized here: •ancient Vedic sacrificial practices, from before 1200 BCE •Vedic ritual analyses and reformulations of sacrifices as ritualized acts, in the Brahmanas, from after 1000 BCE •the Upanishadic exploration of the deeper meanings of ritual and interiorized alternatives to ritual, from after 900 BCE •the Buddha, c. 500 BCE •key texts in the theorization of royal power, The Laws of Manu (beginning of Common Era) and Arthashastra (c. 150 CE) •the Tamil wisdom text Tirukkural (100 CE) •Goddess texts as evidenced in Sanskrit formulations, from after 500 CE... (shrink)

Vigilante violence tends to take place in areas or situations in which the state is unable or unwilling to provide for the safety of certain groups. Crime control vigilantism can be understood as an alternative means of controlling crime and providing security where the state does not. The violent punishment inherent in vigilante activity is generally with the ultimate goal of providing safety and security, and thus should theoretically “fit the crime” and not be excessive. However, in many acts (...) of vigilante violence this is not the case, and vigilantism takes on an extraordinarily violent character. This article examines vigilante violence in three South African townships through the micro-sociological perspective of violence developed by Randall Collins, “forward panic.” Forward panic is a process whereby the tension and fear marking most potentially violent conflict situations is suddenly released, bringing about extraordinary acts of violence. Based on data from eighteen interviews gathered from the Johannesburg townships of Diepsloot, Freedom Park, and Protea South, I analyze respondents’ accounts and experiences with vigilante violence using the framework of forward panic. The data confirm that many acts of vigilante violence in South Africa’s townships can be clearly categorized as episodes of forward panic and that although Collins’s conception of forward panic focuses on the individual, the conditions that create the emotional potential for forward panic in an individual can be structural and thus create the potential for forward panic in entire groups or parts of communities. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:VIOLENCE AS INSTITUTION IN AFRICAN RELIGIOUS EXPERIENCE: A CASE STUDY OF RWANDA Malachie Munyaneza UnitedReform Church, London I. Introduction Violence is a phenomenon. It is multidimensional and multifarious. It is physical, geographical, spiritual, psychological, sudden or latent. It is metaphysical, because for some religious beliefs, it involves the deed-consequences scheme in terms of rewards and punishments, even beyond this world into the otherworldly life. It is an (...) instrument used in one's own life (suicide), in the simple family, in the small-scale societies, as well as in the multi-ethnic social settings. It can be a national, multinational and universal phenomenon. It presents some contradictions, because, though it is abhorred in general, some individuals or states use it as a means to achieve ultimate good or misuse it for their own selfish interests. It becomes more of a repulsive mystery when it is seen as institutional and integral partofreligionwhich fundamentallyshould avoid it. Between April and July 1994, the media ofthe world brought images ofthe mostviolent episode ofRwandan history into the living rooms ofthis planet's population. The magnitude ofthe genocide of 1994 was unprecedented in this century. Up to one million of people are estimated to have been killed within only one hundred days. It is difficult to understand the magnitude ofthis violence. Tribal conflicts in Rwanda, colonial powers, political manipulations and economic problems alone are not enough to explain whathas happened. Political analysts, sociologists, anthropologists have tried to understand whetherthe political instability ofthe late 80s, the malfunction of political institutions, the October War (1990-94) and the 40Malachie Munyaneza consequent war atrocities could have necessarily culminated in the genocide the world witnessed. Fundamental questions about the whole philosophy oflife and religion in the history ofRwandaand its relationship to violence are to be addressed too, because they touch the inner being of the outward physical person. People have the right to know what has gone wrong all along in all areas of their life. This paper will try to look at religious beliefs and violence as institution in ancient and modern Rwanda in its magico-religious context and its implications in the social structure. As I am only a debutante Girardian, I will discuss only the key terms ofhis theory—mimesis, desire and scapegoating—as they guide my reflections.?. Religious beliefs and violence Generally, Rwanda is viewed as a monotheistic country. All Rwandan ethnic groups believed in the only one heavenly Superior Being called Imana. Though Rwandansrecognized Imanaasthe SupremeBeing, Creator and Sustainer ofall life, they did not have a special service ofworship to him at a central place. They thought it was temerity to try and please or influence God because ifyou try you would not find enough to match his greatness and his merits. A Rwandan saying tells that you cannot handle God because ifyoutryyou would paydearly.1 Imana is the Ancientofdays as it is expressed in the name "Habiyakare"(He is before the first dawn). He is all-knowing as in the name "Bizimana" (they [all things] are known by God). He rules over everything as King, Judge and Master as expressed in the name "Hategekimana" (everywhere it is God who rules). Unfortunately Rwandans believedthatwhatever befell them was pre-ordained by God and most ofthe time fatalism dominated their lives. They confronted violence or fate with resignation thinking that the origin is in God's will or from angry spirits they did not control. Rwandans also believe in the existence ofa spiritual realm. The spirits of the dead lived further and roamed about. They would come back to trouble their relatives, especially when they felt some duties due to them were neglected. They could even kill through sickness, insanity or provoke infertility. They hold people under the siege ofconstant mental terror. The spirits most feared were the ones from those who had died in unfortunate 1St Paul expressed the same idea in his discourse at Athens and said: "The god who made the world and everything in it is the Lord of heaven and earth and does not live in temples built by hands. And he is not served by the human hands, as ifhe need anything..." (Acts 1 7, 24-25). Violence as Institution in... (shrink)

Purpose Online violence has been rampant in the past decade, intensifying the victims’ suffering owing to its rapid dissemination to vast audiences. This study aims to focus on online gender-based violence directed against young Bedouin women who have left their male-dominated home territory for academic studies. This study examined how the backlash against these students, intended to stop changes in traditional gender roles, is reflected in offensive TikTok videos. Design/methodology/approach This research is based on a qualitative-thematic analysis of (...) 77 questionnaires and 30 semistructured in-depth interviews with first-year female Bedouin students aged 18–21 years. Findings The backlash was widespread, with young Bedouin men using offensive videos as “proof” that women have violated codes of honor and morality. The videos exhibited four types of gender-based violence: claims of immoral behavior, aggressive captions that take the footage out of context, allegations of immodest clothing and digital photo editing that produced fabricated results. Examining participants' reactions to the videos, this study revealed two patterns of response: passive acceptance of the situation and an active approach that included reaching out to powerful Bedouin men for solutions. Originality/value This research enriches the literature on online gender-based violence, particularly against women in traditional societies, and suggests practical steps: developing online media literacy in traditional societies, adopting a proactive approach and nurturing social self-competence in women who have been victims of online gender-based violence. (shrink)

Despite many significant points of intersection between his work and that of Hannah Arendt, the legal scholar Robert Cover largely declined to engage her perspective, which posed major challenges to his own. While scholars seeking to rethink Cover's legacy in order to develop a jurisprudence of violence have criticized Cover's acquiescence to the Hobbesian model of the sovereign state, they have similarly ignored Arendt's critique of the Hobbesian model and her attempts to build an alternative to it. This article (...) examines central issues of convergence and divergence between Arendt's and Cover's approaches to law, politics, and violence with the aim to redress this neglect of Arendt's perspective. It begins by focusing on their interpretations of the role and significance of the courtroom trial. It then compares their analysis of the character, effects, and implications of domination as a type of organized power and as a means of conceptualizing punishment, before it concentrates on their instrumental conception of violence, the issue of justification, and its relationship to power. The article concludes by arguing that Arendt's approach, which situates an analysis of law and violence within a broader critique of modernity, provides a more trenchant critical framework for examining the rise of the carceral state than does Cover's. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 21.1 (2001) 3-12 [Access article in PDF] Monotheistic Violence David Lochhead Vancouver School ofTheology While Israel was staying at Shittim, the people began to have sexual relations with the women of Moab. They invited the people to the sacrifices of their gods, and the people ate and bowed down to their gods. Thus Israel yoked itself to the Baal of Peor, and the LORD's anger was (...) kindled against Israel. The LORD said to Moses, "Take all the chiefs of the people, and impale them in the sun before the LORD, in order that the fierce anger of the LORD may turn away from Israel." And Moses said to the judges of Israel, "Each of you shall kill any of your people who have yoked themselves to the Baal of Peor." (Num. 25:1-5) This is the first of two stories told in Numbers 25. In the second, an Israelite brings a Midianite woman into the camp as the sentence is being carried out. In response, one of the Israelites, a man named Phinehas, a grandson of Aaron the priest, takes a spear and follows the couple into a tent, where he slaughters them both. God commends this act of butchery with these words: "Phinehas son of Eleazar, son of Aaron the priest, has turned back my wrath from the Israelites by manifesting such zeal among them on my behalf that in my jealousy I did not consume the Israelites. Therefore say, 'I hereby grant him my covenant of peace. It shall be for him and for his descendants after him a covenant of perpetual priesthood, because he was zealous for his God, and made atonement for the Israelites.'" (Num. 25:11-13)The account of these incidents is an unsophisticated one. God is portrayed, in an anthropomorphic way, as violently egocentric. The punishment exacted for offending God is crude and barbaric. This is a god who demands violence and commends violence when it is performed in his cause. This is a god who is intensely competitive toward the other gods and who treats vindictively anyone who has commerce with them.Because of the unsophisticated terms in which this story is told, it is easy enough to dismiss a text like this as a crude expression of ancient Hebrew religion that the Judeo-Christian tradition has long since transcended. I want to take a somewhat different perspective and argue that the violence expressed in this text, albeit in a more subtle and spiritualized way, has persisted in the Christian tradition.The violence of Numbers 25 has the following characteristics. First, it is ordered [End Page 3] and justified in terms of an exclusive loyalty to a single deity. Secondly, it expresses a religious xenophobia. This xenophobia is religious, cultural, and sexual. The transgression of the loyalty to God is attributed to the presence of foreign women. In short, the text is chauvinist and misogynist.It is common to distinguish between henotheism and monotheism. Henotheism is the worship of a single god in distinction from other gods. Henotheism does not deny the existence of other gods. It focuses its attention and devotion on only one of those gods. Thus henotheism might also be described as monolatry--the worship of one god among many. Monotheism, by contrast, acknowledges the existence of only one god.Given this contrast, we can say that Numbers 25 is a henotheistic text. That is, Yahweh, the god who leads the Israelites out of Egypt and toward the Promised Land, acknowledges the reality of the other god--here the Baal of Peor--by the intensity of his anger. The worship of the Moabites is taken very seriously. Those who participate in the Moabite cult actually yoke themselves to this other god. The coincidence of the sexual liaison with Moabite women and the worship of the Moabite god expresses something of the intimacy of the relationship in which the Israelite men are understood to participate. It is the assumed reality of the Moabite deity that makes it necessary for Yahweh to demand that the offenders be impaled in the glaring light of the desert... (shrink)

Because the goal of reducing violence is nearly universally accepted, the uniquely prescriptive character of peace and conflict studies is rarely scrutinized. However, prescriptive pacifism in social psychological peace research (SPPR) masks a diversity of opinion on whether nonintervention is more effective in promoting peace than intervention to punish aggression, restore stability, and/or prevent atrocity. SPPR’s skepticism is sharper in the post–9/11 era when states use public fear of terrorist threat to promote sometimes-unrelated domestic and geostrategic interests. The (...) most frequently proposed remedy for this kind of abuse is some form of international legal positivism that permits the use of force only in self-defense, per strict interpretation of the United Nations Charter, or not at all—a position the author calls ‘prescriptive pacifism." This project critically examines the metaethical premises of prescriptive pacifism, positivism, and realism, how these animate the moral and political skepticism of peace studies, psychology, and international relations, respectively, and meet in SPPR. After comparing the intellectual development of these fields and just war theory, I present influential psychologist Albert Bandura’s social cognitive theory (SCT) of moral judgment and aggression as a case study. I present evidence of the problematic nature of Bandura and others’ formulation of moral engagement and disengagement, tracing their contradictions to the named premises. In brief, I argue that SCT’s underlying skepticism of individual moral judgment implies elite or consensus-driven models of social and political change whose institutional gradualism contradicts these authors’ and SPPR’s stated progressive aims, and whose utilitarian ethos undermines the egalitarian individualism that underpins both the liberal conception of the rule of law and the international human rights regime. Finally, I present an alternative model of moral reasoning and engagement based on a Kantian constructivist understanding of international ethics, and the theory of the just war. I outline two instruments inspired by these related normative frameworks that in addition to being more internally coherent, operationalize moral engagement and disengagement in a manner more consonant with political liberalism, existing international humanitarian law, and the emergent norm known as Responsibility to Protect. Intended for use in the collection and coding of qualitative responses to survey research of public opinion on morally ambiguous issues in international politics such as intervention and territorial integrity, these instruments avoid the tendency of existing SPPR frameworks toward false positives of militarism and pacifism. Their presentation also makes mutually comprehensible the often-confusing professional idioms of international relations, political theory, moral philosophy, and social psychology, standing to make a contribution to each. (shrink)

The study of child abuse and child homicide has been based on the often implicit assumption that there is a continuum of violence ranging from mild physical punishment to severe abuse and homicide. Empirical data supporting this assumption are sparse. Existing data can be shown, however, to support an assumption that there are distinct forms of violence, not a continuum. This paper reviews these data and discusses their implications for the study of violence, abuse, and homicide in (...) terms of substantive and methodological explanations. In addition, the implications of the assumption that violence consists of distinct behaviors as opposed to a continuum are discussed in light of sociobiological and evolutionary explanations of child abuse and child homicide. (shrink)

This paper examines how a delusive social imaginary of criminal-justice has underpinned contemporary U.S. mass incarceration and encouraged widespread indifference to its violence. I trace the complicity of this criminal-justice imaginary with state-organized violence by comparing it to an imaginary that supported colonial violence. I conclude by discussing how those of us outside of prison can begin to resist the entrenched images and institutions of mass incarceration by engaging the work and imagining the perspective of incarcerated people.

John 8:3–11 depicts the story of a woman who is condemned to death because she was caught in the act of adultery. The Pharisees and Scribes who condemned the woman cited Deuteronomy 22:23–24 and Leviticus 20:10 which prescribe death penalty for adultery. What begs answers through this hermeneutical study of the pericope from the lens of gender-based violence (GBV) in Johane Marange Apostolic Church, Ruwa District, in Zimbabwe, is why only the woman was picked for condemnation yet the cited (...) Mosaic Law provides that both the man and the woman who engage in the act of adultery face capital punishment. The article interrogates the text to identify limbs or tentacles on which the decision by the Pharisees and Scribes to condemn only the woman leaving out the man stands. An exegetical study of the text is conducted to explore possible reasons behind the relegation of women to the receiving end of misogynistic socially constructed gender stereotypes. A qualitative methodological praxis fusing socio-historical method and qualitative analysis is engaged in analysing the Biblical Johannine and Johane Marange Apostolic Church Ruwa District communities, respectively. The article mirrors patriarchal tendencies in the Johane Marange Apostolic Church into the selective application of biblical doctrine between males and females depicted in the Johannine text of John 8:3–11. The article argues and concludes that, as reflected in John 8:3–11, GBV practices in Johane Marange Apostolic Church have sentenced women to sexual exploitation, rape, early child marriages and high maternal mortality rate. Contribution: The study recommends ways of cutting the tentacles of the acts of GBV being imposed on women in general, and on the girl child in particular. (shrink)

Although the family is the safest environment for each member, sometimes violence and abuse can come from the family members. Violence causes family relationships to deteriorate as in all other relationships among people. Sibling violence, as a form of domestic violence, can sometimes have dire consequences that can result in family breakup, death or long-term loss of one of the siblings. In this study, sibling violence, which has the potential to harm family relations in such (...) a way, will be discussed in the context of two stories in the Qurʾān. It is aimed to contribute to other disciplines that study on this subject by examining the attitude of Islam against this violence, which affects the family, and the solutions of the Qur’ān to sibling violence. These stories in the Qur’ān are the story of Prophet Adam’s two sons who narrate an incident of violence that result in the brother killing his brother, and the story of Prophet Joseph and his brothers who narrate the sibling violence resulting in long-term loss. Both stories provide clues to the prevention of violence in the light of the causes of sibling violence and the behavior of the victim sibling in the development of events. In addition, because of the fact that these stories have taken place in the family of the prophets, they give people the message that sibling violence can happen in any family.Summary: Because of the social nature of the mankind, it must live in structured societies. Family is the medium for him where he is born, raised, socializes and prepares for his future life. It is normal sentiments of love, mercy and tolerance which dominate in a family. But despite this, it is possible for a family member to be a transgressor against another family member’s rights. Emotions like jealousy and hostility can cause violence between siblings. Psychologists generally attribute the source of this kind of violence to the parents’ failure to show equal love and affection to all children. While this is an important cause for violence among the siblings, craving for attention and acceptance from society, trying to achieve material and sensual superiority and desire for social success can incite feelings of envy among the siblings. While feelings of jealousy is unproblematic when its intensity can be considered normal, it can cause psychological imbalance if it increases to the level beyond manageable limits. If the latter case occurs, this produces a state of mind where a sibling becomes capable of committing every act of transgression to another sibling, which is the most important cause for the violence among siblings.Archetypical stories of Cain and Abel, and Prophet Joseph in the Qur’ān provide some clues pertaining to recognition and prevention of violence among the siblings. In these two parables, the real reason for envy does not lie in the other sibling. According to the Qur’ān, the true reason for this envy is attributed exclusively to the transgressor. In the parable of Cain and Abel, source of the problem between the siblings is the sacrificial offering to Allah. While the offering of Abel was accepted, Cain’s was not. Cain felt jealous and threatened his brother with death. Facing with his brother’s threat, Abel stayed firm and peaceful, said to his brother that if he were to attack him, he will not retaliate even for self-defence. He reminded Cain that his envy and anger was not due to him, Abel. Abel reminded Cain that the act that Cain was contemplating was a great sin in Allah’s eyes and that it is punishable by eternal hellfire. Cain, despite these warnings, went on to implement his intention of murder successfully.When we inspect the parable we can see that Abel was free from any guilt on his part for his brother’s envy which is the source of his transgression. His sacrifice was accepted because Abel was among the pious and this doesn’t harm or effect negatively Cain in anyway. Therefore the main cause for the jealousy of Cain is his unworthiness in the eyes of Allah, in reality, the reason is solely Cain himself. Therefore it is totally unfair when Cain put the blame on his brother Abel. By the way of this example, the Qur’ān reminds mankind not to blame others for his problems and to take responsibility. Envy, which is the main reason for violence among siblings, will cloud judgment and prevent clear thinking. In the parable of Cain and Abel, the Qur’ān recommends not to taunt the already jealous sibling by way of words and actions and instead, encourages warning against the grave consequences of evil intentions both in this world and in the hereafter. In the parable of Prophet Joseph, because of jealousy of their father from Joseph, bigger brothers of Joseph planned to kill him but they give up on the idea of killing him and instead they dumped him in a well. Later on in the parable, some merchant finds Joseph and brings him to Egypt. There, Joseph becomes a high ranking statesman and meets with his older brothers. Because of the famine, older brothers are in need of Joseph for food and asks him for it, without knowing that the person they are asking from is their little brother, Joseph. Although Joseph faces with his brothers on a superior position his behavior exemplifies the best course of action to end violence among the siblings. In order to remove animosity and callousness from his brothers’ heart, the gradual plan that Joseph had implemented is a great example for healing the wounds that violence among the siblings can cause. It is unreasonable to expect all the animosity and jealousy that brothers of Joseph held for years to go away completely in a moment. Prophet Joseph did not remind his brothers of their crime, on the contrary he was very generous to them. He brought their father and their brother Benjamin to Egypt and in front of them Prophet Joseph forgave his older brothers for the crimes they had committed against him. In this way, Prophet Joseph prevented his brothers potentially denying every transgression they did if he were to confront them in their first meeting, and made them ready to accept their evil deeds.Parables of Cain and Abel and Prophet Joseph are important for recognizing that envy can destroy the mercy that the siblings innately have for each other. It is understood from the parables that envy must be controlled and violence can’t be realized under any circumstances. It is clear from these parables that violence is never a solution for the jealousy among the siblings. A positive and viable solution would be for Cain to seek Allah’s approval instead of killing Abel and for brothers of Joseph this would be to earn their father’s love and respect. Introspection and analysis regarding possible reasons for jealousy and trying to resolve them and striving to be a better human, sibling, or child is a solution prescribed by the Qur’ān. Also, importance of speaking in a soft tone with the person who is experiencing intense jealousy, avoiding provocative language and behavior and trying every possible way to set this person straight is emphasized. The Qur’ān reminds us through these two parables that the human nature is prone to evil suggestions from the satan and for this reason humans need generous and benevolent help from others in order to clear themselves from these evil temptations. (shrink)

Jus post bellum, a relatively new addition to the just war tradition, offers a set of principles to ensure a just peace. The jus post bellum principles establish important guidelines for punitive and transitional justice in the wake of unjust aggression. However, sexual violence during conflict highlights some of the limits of relying solely on a rights-based approach to jus post bellum. Using the jus post bellum principles, I offer some suggestions for what might be required regarding punishment, compensation, (...) and rights vindication for both individuals and communities, highlighting throughout the limits of relying solely on a rights-based approach to jus post bellum. I then argue that post bellum considerations need to account for the structural injustices of sexual violence in conflict situations. Doing so supports important social justice initiatives proposed for a global response to sexual violence in conflict aimed not only at punishment but at prevention. (shrink)

From a social science perspective, a major purpose of religion is to organize the behavior of the community of believers in order to maximize its success as a collective. The underlying premise of this lecture is that religious authority will sanction violence and aggression when they are assessed to be an effective means of realizing the goals of the collective. Conversely, when violence and aggression become unhelpful or counter- productive for realizing community goals they are forbidden. This phenomenology (...) of religion and violence is applied to the history of Judaism, Christianity and Islam to demonstrate that none of these religions is inherently more or less apt to engage in violence. Their use of belligerent and irenic behaviors are more profoundly influenced by historical context and social needs than by theology. (shrink)

In this paper, I argue that one approach to normative political theory, namely contextualism, can benefit from a specific kind of historical inquiry, namely genealogy, because the latter provides a solution to a deep-seated problem for the former. This problem consists in a lack of critical distance and originates from the justificatory role that contextualist approaches attribute to contextual facts. I compare two approaches to genealogical reconstruction, namely the historiographical method pioneered by Foucault and the hybrid method of pragmatic genealogy (...) as practiced by Bernard Williams, arguing that they both ensure an increase in critical distance while preserving contextualism’s distinctiveness. I also show, however, that only the latter provides normative action-guidance and can thus assist the contextualist theorist in the crucial task of discerning how far certain contextual facts deserve their justificatory role. I prove this point by showing how a pragmatic genealogy of the practice of punishment can inform the contextualist’s reflection about the role this practice should play in a transitional scenario, i.e. in the set of circumstances societies go through in the aftermath of large-scale violence and human rights violations. (shrink)

According to legal expressivism, neither crime nor punishment consists merely in intentionally imposing some kind of harm on another. Crime and punishment also have an expressive aspect. They are what they are in part because they enact attitudes toward others—in the case of crime, some kind of disrespect, at least, and in the case of punishment, society’s condemnation or reprobation. Punishment is justified, at least in part, because (and when) it uniquely expresses fitting condemnation or other retributive attitude. What makes (...) retributive attitudes fitting is that they protect the victim’s status as inviolable. Hate or bias crimes dramatize the expressive aspect of crime, as they are often designed to send a message to the victim’s group and society at large. Treating the enactment of contempt and denigration toward a historically underprivileged group as an aggravating factor in sentencing may be an appropriate way to counter this message, as it reaffirms and indeed realizes the fundamental equality and inviolability of all members of a democratic community. (shrink)

This paper examines how Adriana Cavarero extends and offers an alternative to Hannah Arendt's understanding of speech and its relationship to politics and violence through a re-reading of Herman Melville’s, Billy Budd, Sailor (1891). The novella was examined by Arendt in On Revolution (1963) where she considers the apolitical character of the French Revolutionary Terror and establishes a link between violence, mimetic contagion, and the failure of articulate speech. I suggest that whereas Arendt’s reading only offers two possible (...) responses to violence—forgiveness or punishment (perpetuating violence)—a reading of the novella inspired by Cavarero’s work shows a third alternative, the prevention of violence, while equally revealing the blind spot of Arendt’s argument. The blind spot is Arendt's privileging of articulate speech and her failure to consider the embodied character of human expression. Cavarero’s ethics of inclination, however, allows for a response to, and responsibility for, the uniqueness of the human voice, and for the intention to convey meaning. To mediate between Arendt and Cavarero, the paper also reconsiders Nidesh Lawtoo’s understanding of mimesis, evokes Eve Sedgwick’s paradigm-setting queer reading of Billy Budd, and engages with Walter Benjamin’s and Giorgio Agamben’s contrary takes on the relationship between violence and language. (shrink)

Scholars have identified crimmigration – or the criminalization of “irregular” migration in law – as a key issue affecting migrant access to justice in contemporary immigrant-receiving societies. Yet the gendered and racialized implications of crimmigration for diverse migrant populations remains underdeveloped in this literature. This study advances a feminist intersectional approach to crimmigration and migrant justice in Canada. I add to recent research showing how punitive immigration controls disproportionately affect racialized men from the global south, constituting what Golash-Boza and Hondagneu-Sotelo (...) have called a “gendered racial removal program”. In my study, I shift analytical attention to consider the effects of the contemporary crimmigration system on migrant women survivors of gender-based violence. While such cases constitute a small sub-group within a larger population of migrants in detention, nevertheless scholarly attention to this group can expose the multiple axes along which state power is enacted – an analytical strategy that foundational scholars like Crenshaw used to theorize “structural intersectionality” in the US. In focusing on crimmigration in the Canadian context, I draw attention to the growing nexus between migration, security, and gender-based violence that has emerged alongside other processes of crimmigration. I then provide a case analysis of the 2013 death while in custody of Lucía Dominga Vega Jiménez, an “undocumented” migrant woman from Mexico. My analysis illustrates how migrant women’s strategies to survive gender-based violence are re-cast as grounds for their detention and removal, constituting what I argue is a criminalization of survivorship.The research overall demonstrates the centrality of gendered and racialized structural violence in crimmigration processes by challenging more universalist approaches to migrant justice. (shrink)

This writer who has warned us of the “ideological” function of both the oeuvre and the author as unquestioned forms of discursive organization has gone quite far in constituting for both these “fictitious unities” the name (with all the problems of such a designation) Michel Foucault. One text under review, La Volonté de Savoir, is the methodological introduction of a projected five-volume history of sexuality. It will apparently circle back over that material which seems to have a special fascination for (...) Foucault: the gradual emergence of medicine as an institution, the birth of political economy, demography and linguistics as “human sciences,” the invention of incarceration and confinement for the control of the “other” in society (the mad, the libertine, the criminal) and that special violence that lurks beneath the power to control discourse. (shrink)

This book provides an account of ethical restoration in situations that bring ethical and political questions together. It shows how punishment as well as forgiveness and reconciliation are necessary to properly restore peace and justice in both transitional and democratic societies.

This essay concerns Simone de Beauvoir's analysis of blame and punishment in “Œil pour œil” and the irreconcilable tensions that haunt it. I study these tensions—between the desire to blame and punish and the inability to provide moral justification for these practices—and locate their source in Beauvoir's conception of ethics in Pour une morale de l'ambiguïté. According to my reading, her ethics implies that violence violates freedom, the grounding principle of ethical life. Retaliatory and retributive judgments and the (...) punishment they uphold, regardless of whether they are exerted by individuals or by official state powers, are forms of violence and are therefore unjustifiable. The aporias of blame and punishment in “Œil pour œil” suggest that Beauvoir's ideal of ethics necessitates an abolitionist position regarding punishment. The essay ends with a reflection on the affinity between the position constructed from Beauvoir's work and feminist abolitionist theories that seek to undermine the legal, social, and political institutions that perpetuate, rather than resolve, economic, racial, gender, sex, and class inequality. (shrink)

What remains anti-democratic in our criminal justice systems, and where does it come from? Geoffroy de Lagasnerie spent years sitting in on trials, watching as individuals were judged and sentenced for armed robbery, assault, rape, and murder. His experience led to this original reflection on the penal state, power, and violence that identifies a paradox in the way justice is exercised in liberal democracies. In order to pronounce a judgment, a trial must construct an individualizing story of actors and (...) their acts; but in order to punish, each act between individuals must be transformed into an aggression against society as a whole, against the state itself. The law is often presented as the reign of reason over passion. Instead, it leads to trauma, dispossession, and violence. Only by overturning our inherited legal fictions can we envision forms of truer justice. Combining narratives of real trials with theoretical analysis, Judge and Punish shows that juridical institutions are not merely a response to crime. The state claims to guarantee our security, yet from our birth, we also belong to it. The criminal trial, a magnifying mirror, reveals our true condition as political subjects. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:DHARMA AND DESTRUCTION: BUDDHIST INSTITUTIONS AND VIOLENCE Christopher Ives Stonehill College Photographs ofgentle monks in saffron, the cottageindustry ofbooks on mindfulness, and the Dalai Lama's response to the Chinese invasion of Tibet have all helped portray Buddhism as the "religion of nonviolence." This representation ofBuddhism finds support in Buddhist texts, doctrines, and ritual practices, which often advocate ahimsa, nonharming or non-violence. The historical record, however, belies the (...) portrayal of Buddhism as a "religion of nonviolence." By reinterpreting early doctrines of ahimsa, Buddhist thinkers have legitimated violence in particular situations, practitioners have committed acts of violence, and Buddhist institutions have lent support to other institutions—social, political, and governmental —engaged in violence. In this paper I will examine Buddhist perpetration andjustifications ofviolence,1 with particularfocus on Japan, arguing that, historically, Buddhists' desire for institutional security has taken precedence over total rejection of violence. 1 I have restricted my discussion to the killing of other human beings. I do not consider suicide andthe killing ofnon-human animals. For a discussion ofBuddhism, (self-)sacrifice, and suicide in relation to Girard's theory, see Charles D. Orzech, '"Provoked Suicide' and the Victim's Behavior." 152Christopher Ives Non-violence The doctrine of ahimsa figures prominently in early and Theravadan Buddhism. The first ofthe five moral precepts (panca silani) in Buddhism is ahimsa, and in the Dhammapada the historical Buddha purportedly states, All are afraid of the rod. Of death all are afraid. Having made oneself the example, One should neither slay nor cause to slay. (Ross 202) The Buddhaalso sketches the consequences ofhurting orharming (himsa): Who with a rod does hurt Beings who desire ease [of nibbana], While himself looking for ease— He, having departed, ease does not get. Theravadan monastic codes and practices, such as the uposatha biweekly confession of moral transgressions and recitation of the 227 rules in the Patimokkha (Skt. Pratimoksa), are closely tiedto ahimsa. One ofthe Patimokkha's four "offenses of defeat" (parajika dharmas), for which the punishment is immediate expulsion of the monk or nun from the order, is killing another human being (Prebish 11). Mahayana texts continue this exhortation against violence. For example, in the Dasabhimika-sutra we read that a Buddhist "must not hate any being and cannot kill a living creature even in thought."2 Early Buddhist texts include depictions ofthe ideal Buddhist king, the cakravartin-raja or "monarch who turns the wheel [of the Dharma],"3 as an exemplar of nonviolence. Contemporary Buddhist activist Sulak Sivaraksa expresses it, this king is a "an ideal ruler, a world-conquering monarch, who subdued the earth through righteousness rather than war" (Sulak 129), and whose ten main duties include striving for peace and ruling with nonviolent benevolence (129). For well over 2000 years 2 Cited in Har Dayal, The Bodhisattva Doctrine, p. 199; quoted by Kraft, 5. In much ofthe first section of this paper I am indebted to Ken Kraft's introduction to his volume. 3 The metaphor ofturning the wheel refers to the historical Buddha's teaching ofthe Dharma and the later propagation of it by others. Dharma and Deconstruction153 Buddhists have lifted up Indian king Ashoka (c. 272-236) as an instantiation of this ideal. The early Buddhist doctrine of ahimsa should not, however, be construed as compassionate altruism. Luis Gómez and other scholars have delineated how ahimsa at first did not express some sort of underlying altruistic concern for the well-being of others. Vegetarianism and other ways of avoiding himsa, harming or violence, derived from ancient Indian ritual taboos againstblood and otherbodily liquids (Gómez 36). Buddhists ethicized and psychologized earlier notions of physical pollution, and advocated abstention fromviolenceprimarily as ameans ofself-cultivation, as a way to keep the mind pure, like an unstained cloth (36). (Scholars have even argued that the positive expression oíahimsa, the practice ofdirecting metta (loving-kindness) to others, originally had as much or more to do with the spiritual benefits accrued by the person directing the metta as it did with the well-being of the person receiving it. Only later was ahimsa furtherreinterpreted as positive regard forothers, as seen in the bodhisattva ideal of Mahayana Buddhism. Violence in Buddhist History At numerous times over... (shrink)

Political violence does not end with the last death. A common feature of mass murder has been the attempt at destroying any memory of victims, with the aim of eliminating them from history. Perpetrators seek not only to eliminate a perceived threat, but also to eradicate any possibility of alternate, competing social and national histories. In his timely and important book, Unchopping a Tree, Ernesto Verdeja develops a critical justification for why transitional justice works. He asks, “What is the (...) balance between punishment and forgiveness? And, “What are the stakes in reconciling?” Employing a normative theory of reconciliation that differs from prevailing approaches, Verdeja outlines a concept that emphasizes the importance of shared notions of moral respect and tolerance among adversaries in transitional societies. Drawing heavily from cases such as reconciliation efforts in Latin America and Africa—and interviews with people involved in such efforts—Verdeja debates how best to envision reconciliation while remaining realistic about the very significant practical obstacles such efforts face Unchopping a Tree addresses the core concept of respect across four different social levels—political, institutional, civil society, and interpersonal—to explain the promise and challenges to securing reconciliation and broader social regeneration. (shrink)

Military-on-military sexual violence—the type of sexual violence that most directly disrupts operations, harms personnel, and undermines recruiting—occurs with astonishing frequency. The U.S. military has responded with a campaign to prevent and punish military-on-military sex crimes. This campaign, however, has made little progress, partly because of U.S. military law, a special realm of criminal justice dominated by legal precedents involving sexual violence and racialized images. By promulgating images and narratives of sexual exploitation, violent sexuality, and female subordination, (...) the military justice system has helped to sustain a legal culture that reifies the connection between sexual violence and authentic soldiering. (shrink)

A survey of university students tested whether committing animal abuse during childhood was related to approval of interpersonal violence against children and women in families. Respondents who had abused an animal as children or adolescents were significantly more likely to support corporal punishment, even after controlling for frequency of childhood spanking, race, biblical literalism, and gender. Those who had perpetrated animal abuse were also more likely to approve of a husband slapping his wife. Engaging in childhood violence against (...) less powerful beings— animals—may generalize to the acceptance of violence against less powerful members of families and society—women and children. This paper discusses the implications of this process. (shrink)

This article examines the responses of two communities to hate crimes in their cities. In particular it explores how community understandings of responsibility shape collective responses to hate crimes. I use the case of Bridesberg, Pennsylvania to explore how anti-racist work is restricted by backward-looking conceptions of moral responsibility (e.g. being responsible). Using recent writings in feminist ethics.(1) I argue for a forward-looking notion that advocates an active view: taking responsibility for attitudes and behaviors that foster climates in which hate (...) crimes are more likely to occur, even when a person's individual actions do not contribute directly to harms. Using the case of Billings, Montana, I explain how recent Not In Our Town campaigns take responsibility for hate crimes in the ways feminist literature suggests. -/- I take as my point of departure hate crimes committed against the family of Bridget Ward, an African American woman, who moved into the suburb of Bridesburg in 1996. When issues of responsibility for racism arose in the local press, most Bridesbergers insisted that their community was not racist; they blamed only the individual vandals. This narrow blame-assigning focus is in keeping with most Anglo-American definitions of responsibility as belonging essentially to individuals and not to communities. Traditionally, moral and legal theory construct responsibility from a perspective that looks downward and back. These perspectives are preoccupied with punishment and reward, praise and blame; they assume justice is done when guilty parties are found and tried. -/- This focus masks deeper community problems. As Elizabeth Spelman remarks, "tolerance is easy if those who are asked to express it need not change a whit." (2) Focus on praise and blame is, in part, a function of race privilege. Bridesberg is 98% white, and part of "the arrogance whitely behavior" is positioning one's self as a judge, expert, and problem solver. (3) The view from this particular subject position limits attention to individuals and their actions, rather than to communities and their practices; it shifts attention away from the fact that Bridesberger's collective practice of distrusting outsiders has lead to hate crimes in the past. Pointing to vandals and claiming "they are racist" does not free one's community of racism. It reinscribes a community spirit that is resistant to change. -/- The second part of this essay explores what communities like Bridesberg might have done to prevent violence. Often there is little individuals alone can do to stop racial violence, but that there is a sense in which community members are obligated to organize themselves. Strategies that focus community responsibility on retribution rather than long-term change, are short lived and ineffective. Anti-racist activism requires a forward-looking view of responsibility: one that aims at inoculating the community against increased risk of violence. This requires taking responsibility for the fact that one's town might foster climates in which hate crimes are more likely to occur. It requires that we begin inquiry in the lives of those harmed. -/- Collective citizen efforts to prevent Aryan groups from gaining a foothold in Billings, Montana offers a clear illustration of how to take responsibility for hate crimes using strategies designed consciously to prevent further hate crimes (e.g., when Black Churches were threatens, all community members attended services there; when a rock was thrown through a window with a menorah, many homes displayed menorahs). The community responses in Billings are a stark contrast to those of Bridesburg, and serve as a powerful example of how forward-looking notions of responsibility can translate into effective political strategy. Although, these strategies are not in and of themselves feminist, they are powerful illustrations of what feminists mean by forward-looking views. The success of resident's collective action and coalition building gave rise to a national Not In Our Town campaign used in about a dozen cities today. (shrink)

One of the Machiavelli's most famous and innovative thesis states that good laws arise from social conflicts, according to the Roman Empire example of the opposition between plebs and nobles. Conflicts are able to bring about order in virtue of the characteristic constrictive force of necessity, which prevents the ambition to prevail. Nonetheless, law does not neutralize the conflict; just give it a regulation. So, law is subjected to history, to the continuous change, which means that it is potentially corruptible. (...) On this account, Machiavelli says that a State can only maintain its authority through a continuous return to the originary moment, viz. to the revival of the experiences of "fear", "terror" and "punishment" lived in the originary event of the foundation. For that reason, in the origin of law is also the violence, whose combined function is to provide legitimacy to its exercise by the State apparatus as the only form to preserve political life from ruin.Uma das mais famosas e inovadoras teses de Maquiavel é a afirmação de que as boas leis nascem dos conflitos sociais, segundo o exemplo romano das oposições entre plebe e nobres. Os conflitos são capazes de produzir ordem por conter a força constritiva própria da necessidade, que impede a ambição de reinar. Contudo, a lei não neutraliza o conflito, mas apenas lhe dá uma ordenação. A lei está, pois, exposta à história, à contínua mudança, o que significa dizer que é potencialmente corruptível. Por causa desta possibilidade, Maquiavel afirma que um Estado somente mantém sua autoridade por meio de um retorno contínuo ao momento da origem, isto é, à revivência da experiência do "medo", do "terror" e da "punição" do acontecimento originário da fundação. Assim, na origem da lei está a violência, cuja função é proporcionar a legitimação de seu exercício pelo aparato estatal como única forma de preservar da ruína a vida política. (shrink)

The law marks a significant difference between violent and non-violent criminal actions. Violent crimes are typically met with more severe punishments and consequences than non-violent crimes. Even in discussions of criminal justice reform, the refrain remains: violent crime is different; those convicted of violent crimes are different; and it is appropriate to respond to violent crime differently. This article argues that the violent/non-violent distinction cannot bear the normative weight placed on it and that we should jettison violence and move (...) to thinking about objectionable harm caused and risked. There are moral constraints on punishment from considerations of proportionality and equality, these are connected to wrongful harm and facts about agent culpability, and there is no consistent relationship between violence and wrongful harm nor between violence and culpability. The article concludes by offering an error-theory concerning our commitment to treating violent crime differently and suggests that morally better categorizations are available. (shrink)

Margaret Atwood’s novels are usually celebrated for their blunt feminism. However, in Moral Disorder—a series of interconnected stories that forms a novel—feminist concerns are replaced with worries about territory and survival. The protagonist is an insider whose sole concern is to survive and to protect her territory. The confrontation between the narrator as the insider and the outsiders does not occur directly but could be inferred by her cruelty toward other characters and her violence against the animals under her (...) care. The present study argues that this cruelty, which abounds in the novel, could be viewed as a substitute for violence against the outsiders. The narrator’s gaze at the Indian boy who entered the protagonist’s territory manifests a garrison mentality. The frequent references to axes in the novel are compared to the use of axes in “Wilderness Tips,” a short story by Atwood in which axes also have a metaphoric significance. The beheading and dismemberment of domestic animals could be the punishment awaiting the intruder. The novel establishes a division between the insider/outsider, here/there, self/other and civilized/barbaric to call for action and awareness about the importance of protecting one’s territory. (shrink)