Our question is this: What makes an act one of entrapment? We make a standard distinction between legal entrapment, which is carried out by parties acting in their capacities as (or as deputies of) law- enforcement agents, and civil entrapment, which is not. We aim to provide a definition of entrapment that covers both and which, for reasons we explain, does not settle questions of permissibility and culpability. We explain, compare, and contrast two existing definitions (...) of legal entrapment to commit a crime that possess this neutrality. We point out some problems with the extensional correctness of these definitions and propose a new definition that resolves these problems. We then extend our definition to provide a more general definition of entrapment, encompassing both civil and legal cases. Our definition is, we believe, closer to being extensionally correct and will, we hope, provide a clearer basis for future discussions about the ethics of entrapment than do the definitions upon which it improves. (shrink)

La 4e de couverture indique : "Dans cet ouvrage de référence consacré à une analyse approfondie du thème du consentement aux soins dans la pratique médicale, M.-F. Civil porte son regard de médecin et de philosophe sur les comportements de bon nombre de praticiens à l'heure actuelle plus ou moins soumis à la « mathématisation » de la médecine. Loin de se contenter d'un état des lieux complet de la question, il nous conduit pas à pas sur les chemins (...) d'une « éthique existentielle » tout à fait singulière, renvoyant à des situations pratiques de soins où délibérer avant d'agir et réfléchir à l'action déjà prise permet aux patients d'exprimer le sens donné à leur vécu dans le cadre de leur projet de vie immédiate ou future. Son approche très phénoménologique, aux côtés notamment de Heidegger et Husserl, ouvre la porte à un vaste chantier de réflexion pour tous ceux qui envisagent de se pencher sur la manière concrète d'être-au-monde en médecine comme souci pour soi et pour les autres. Ainsi ce livre interpelle les étudiants, les chercheurs, les professionnels de santé, mais également tous ceux qui ont été, ou seront, tôt ou tard, confrontés au problème du consentement.". (shrink)

Writing in 1978, on the eve of Thatcherism’s political triumph, the cultural theorist Stuart Hall (Hall et al., 2013, p. 193) claimed Britain was experiencing a ‘crisis of hegemony’; a political, e...

Foucault's rejection of the repressive hypothesis is generally taken as a critique of Freud. Its real target is, however, the left Freudian tradition, which received its paradigmatic articulation in the work of Herbert Marcuse. Marcuse sought to show that the conflict between the repressive demands of civilization and instinctual desires of the individual didn't represent a transhistorical state of affairs, as Freud maintained. He argues, rather, that it represents a particular historical constellation that can be transcended. Foucault purports to reject (...) the entire structure in which the problem arises, that is, the conflict between the demands of civilization and bodily based desire. The thesis of this article is, however, that he doesn't reject the conflict, but simply displaces it. In his scheme, the displaced conflict takes place between the apparatus of sexuality and bodies and pleasures. Furthermore, Foucault maintains that the emancipation of bodies and pleasures from their entrapment in the apparatus of sexuality constitutes the desirable political program. The diagnosis of the situation and the suggested political remedy are, in other words, exactly parallel to Marcuse's. (shrink)

The belief that the spirits of the dead can return to haunt the living exists either as a tenet or as a marginal conviction in all civilizations, whether ancient or modern. More often than not, the dead do not return to reunite the living with their loved ones but rather to lead them into some dreadful snare, entrapping them with disastrous consequences. To be sure, all the departed may return, but some are predestined to haunt: the dead who have been (...) shamed during their lifetime or those who took unspeakable secrets to the grave. From the brucolacs, the errant sprits of outcasts in ancient Greece, to the ghost of Hamlet’s vengeful father, and on down to the rapping spirits of modern times, the theme of the dead—who, having suffered repression by their family or society, cannot enjoy, even in death, a state of authenticity—appears to be omnipresent on the fringes of religions and, failing that, in rational systems. It is a fact that the “phantom,” whatever its form, is nothing but an invention of the living. Yes, an invention in the sense that the phantom is meant to objectify, even if under the guise of individual or collective hallucinations, the gap that the concealment of some part of a loved one’s life produced in us. The phantom is, therefore, also a metapsychological fact. Consequently, what haunts are not the dead, but the gaps left within us by the secrets of others.Because the phantom is not related to the loss of a loved one, it cannot be considered the effect of unsuccessful mourning, as is the case of melancholics or of all those who carry a tomb within themselves. It is the children’s or descendants’ lot to objectify these buried tombs through diverse species of ghosts. What comes back to haunt are the tombs of others. The phantoms of folklore merely objectify a metaphor active within the unconscious: the burial of an unspeakable fact within the loved one.Here we are in the midst of clinical psychoanalysis and still shrouded in obscurity, an obscurity, however, that the nocturnal being of phantoms can, paradoxically, be called upon to clarify. The most recently published book of essays by Nicolas Abraham is Rythmes de l’oeuvre, de la traduction et de la psychanalyse . “Notes on the Phantom” is the preliminary statement of his theory of transgenerational haunting. Nicholas Rand, assistant professor of French at the University of Wisconsin—Madison, is the English-language editor of Abraham’s works. (shrink)

This article is a response to the 1999 article `On the Cunning of Imperialist Reason' by Pierre Bourdieu and Loïc Wacquant, in which US intellectuals such as myself were accused of engaging in `imperialist reason' through scholarly and institutional efforts to impose a US paradigm of racial relations upon Brazilian society and scholarship. This article makes three principal points in relation to Bourdieu and Wacquant's charges. First, their critique relies on presumptions and critical analytical methods which privilege the nation-state and (...) culture as the sole object for comparative analysis, and, second, as a consequence ignore how Afro-Brazilian politics and the US civil rights movement intersect within the political contexts and histories of transnational black politics. The intersecting affiliations of transnational black politics across territorial and nation-state boundaries problematize any characterization of international and inter-state relations as the inevitable interaction of politically discrete, territorially sovereign entities. Bourdieu and Wacquant's self-entrapment within the analytic category of the territorial nation leads them to imprison and caricature US African-American politics and thought within the geographic boundaries of the USA. Their assertions, however, provide an opportunity to consider the so-called US civil rights movement within the larger context of black struggles for racial equality in various parts of the world. Third, Bourdieu and Wacquant's attack is in some ways consistent with Wacquant's demonstrated habit of decontextualizing black cultural production and presenting such decontextualization as a virtue or strength, as evidenced in some of his writings on boxing in the United States. This final linkage is crucial, I believe, in understanding how the indiscriminate use of sociological categories and the refusal to engage the specific peculiarities of the tensions between politics and culture in Brazil are symptomatic of a wider misrecognition of black agency more generally in Wacquant's writings. (shrink)

Plato’s work offers insights into the corrosive impact of eros, insights central for contemporary politics. The article combines an in-depth reading of Plato with a case study, arguing for the relevance of communism. This is because love also establishes a relationship of subordination to the object of desire, which can subjugate and entrap the lover in his or her feelings. Such instrumentalization of eros in communism was promoted by adherents being supposed to love the sufferers. The obligation that to understand (...) and help the sufferers one must become a sufferer turned suffering into an autopoietic system. The acceptance of such instrumentalization of love was rendered possible first by a sense of guilt due to the system of passionate interests (Tarde and Latour), connected to the rise of capitalism as a solution for the period of civil wars, and then by the liminal conditions that emerged, especially in eastern Europe, after two world wars; conditions that were purposefully perpetuated through staging a sacrificial system, paralysing social life. The character of such liminal leaders can be analysed through the figure of the trickster, developed by anthropologists, complementing Weber’s notion of charisma. While communism disappeared as a force, contemporary political life is increasingly reduced to a politics of victimhood and suffering, where the search for the good life is replaced by the double negation of eliminating all suffering from the world – an effort that only produces the opposite result, while public reality becomes torn apart by sex scandals, confirming Foucault’s insight about the investment of desire and enslavement to sexuality. (shrink)

This book argues that David Foster Wallace failed to provide a response to the existential predicament of our time. Wallace wanted to confront despair through art, but he remained trapped, and his entrapment originates in the ‘existentialist contradiction’: the impossibility of affirming the meaningfulness of life and an ethics of compassion while believing in free will. To substantiate this thesis, the analysis reads Wallace in conversation with the existentialist philosophers and writers who influenced him: Søren Kierkegaard, Fyodor Dostoevsky, Martin (...) Heidegger, Jean-Paul Sartre, Albert Camus, and Ludwig Wittgenstein. It compares his non-fiction with the sociologies of Christopher Lasch, Zygmunt Bauman, Ulrich Beck, and Anthony Giddens. And it finds inspiration in Giacomo Leopardi, Friedrich Nietzsche, and Emanuele Severino to conclude that the philosophy which pervades Wallace’s works entails despair and represents the essence of our civilization’s interpretation of the world. (shrink)

Chowers provides a clear, useful discussion of an important strand of European thinking about selfhood and modernity. The issue of “entrapment” arises in this way: Our civilization-creating powers begin to be seen in the Enlightenment as threatening as well as promising. We can trap ourselves with unintended effects like pervasive social hypocrisy and oppressive industrialization, or we can trap ourselves precisely by controlling our circumstances too well and producing a disorienting sameness in replicating ourselves. “Proto-entrapment” thinkers in the (...) nineteenth century project opposite ways of overcoming the problem, either through a comprehensive humanization of society or by cultivating a personal authenticity detached from society. But the true “entrapment” thinkers of the twentieth century conclude that the problem is constitutive of our selfhood and so can at best be coped with but never solved. (shrink)

We address the ethics of scenarios in which one party entraps, intentionally tempts or intentionally tests the virtue of another. We classify, in a new manner, three distinct types of acts that are of concern, namely acts of entrapment, of intentional temptation and of virtue testing. Our classification is, for each kind of scenario, of itself neutral concerning the question whether the agent acts permissibly. We explain why acts of entrapment are more ethically objectionable than like acts of (...) intentional temptation and why these, in turn, are more ethically objectionable than like acts of virtue testing. Along the way, we scrutinize, and eventually reject, the view that acts of entrapment are ethically unacceptable because intentional temptation is involved in entrapment. (shrink)

In this paper, I offer a novel account of entrapment. This account suggests that the wrongness of pursuing punishment in cases of entrapment consists of two distinct components, one concerning the culpability of the entrapped defendant and the other concerning the legitimacy of the entrapping state to prosecute crimes that it has effectively created. Distinguishing these two components of entrapment, I explain, helps to clarify the moral issues at stake and to resolve some confusions and debates in (...) existing legal analyses of entrapment. (shrink)

I address the question, ‘Should a retributivist support an entrapment defense and if so, under what circumstances?’, by considering the culpability of entrapped defendants. An entrapment defense is invoked by defendants who claim they violated the law because they were enticed to crime by the police and would not otherwise have committed the crime. There are different rationales for the defense: people who are normally law abiding, and who are not predisposed to commit crimes, do not commit crimes (...) merely when the opportunity is presented, without further coaxing—only criminals do—and so spending resources to entice and then punish such “false criminals” is wasteful from a utilitarian perspective. Several theorists assume retributivists must oppose the defense: entrapped defendants have broken the law and, according to one version of retributivism (Mabbott), this itself might warrant punishment; they are still culpable although they were enticed, because succumbing to temptation is no defense—there is no ‘private entrapment defense’; and to not punish the non-predisposed who are enticed to crime by government, while punishing those who are predisposed, is wrongly to assert that a person’s culpability hinges on their predisposition and wrongly to punish someone not for their present conduct but for their character or past actions. I explore some reasons why a retributivist can support an entrapment defense. First, entrapped defendants may be less culpable than the privately enticed insofar as they do not cause harm. As police control the situation, no actual harm is caused, and whether one actually causes harm may bear on one’s culpability; and if one’s predisposition was weak and required substantial police coaxing to be triggered, we might say that the police action and not the defendant caused the crime in the relevant sense. Second, applying Robert Nozick’s account of coercion in a novel way, I consider the argument that entrapped defendants may be less culpable insofar as their action was not fully voluntary, in that unlike in private enticement cases, they necessarily underestimate the probability of being caught before making their choice. (shrink)

We discuss how the law and scholars have approached three questions. First, what acts count as acts of entrapment? Secondly, is entrapment a permissible method of law-enforcement and, if so, in what circumstances? Thirdly, what must criminal courts do, in response to the finding that an offence was brought about by an act of entrapment, in order to deliver justice? While noting the contrary tendency, we suggest that the first question should be addressed in a manner that (...) is neutral about the answers to the other two. On the second question, we summarize various arguments about the permissibility of entrapment, while remaining largely neutral about their merits. With regard to the third question, we summarize the approaches to entrapment in various jurisdictions, and we note some patterns, across the jurisdictions here surveyed, concerning shifts from one sort of entrapment remedy to another. (shrink)

The entrapment defense is a puzzle of long standing. One the one hand, we are offended by the government’s subjecting someone vulnerable to extreme temptation. It seems like something anyone might fall prey to. On the other hand, it is hard to explain why someone who actually commits, or attempts a crime, and who would be liable if anyone other than the government had tempted him, should escape punishment. His blameworthiness seems the same. This essay seeks to illuminate this (...) puzzle by showing how it parallels the long-standing debate surrounding the criminal law problem of the actio libera in causa—situations in which someone seeks to escape liability by contriving to put a certain defense in place, such as provoking his victim into attacking him, so that he can then kill him in self-defense. The parallels between the two problems do not serve to resolve either, but make them appear in a rather different light. (shrink)

Internet stings to catch child molesters raise problems for popular tests of entrapment that focus on causation, initiative, counterfactuals, and subjective predisposition. An objective test of entrapment works better in the context of the Internet. The best form of objective test is determined by consequences of drawing a line at various places. This approach allows some Internet stings but counts other stings as entrapment when they go too far.

Adult-based suicide theories have determined much of what we know about suicidal ideation. Here, we investigate the extent to which elements of theIntegrated Motivational-Volitional(IMV) model generalize to adolescence, a period when rates of suicidal ideation increase dramatically. In a sample of community-based adolescents (n= 74), we tested whether defeat and entrapment related to suicidal ideation, and whether poor positive future thinking abilities exacerbated this association. Consistent with the IMV model, we found that defeat/entrapment was associated specifically with history (...) of suicidal ideation, and not with history of suicide attempt. Defeat/entrapment was related to baseline suicidal ideation severity above and beyond depressive symptoms. While defeat/entrapment predicted future suicidal ideation controlling for history of ideation, it did not do so controlling for depressive symptoms. Counter to the IMV model, we initially found that the association between defeat/entrapment and suicidal ideation was strongest among adolescents withgreaterpositive future thinking abilities. This was driven by the tendency to imagine more positive future events, particularly those that are less realistic and achievable. These findings call for a more nuanced understanding of defeat/entrapment and positive future thinking among adolescents, particularly in how they interact to predict recurrent suicidal ideation. (shrink)

Why is wrong to punish criminals who have been entrapped by the state? The paper begins by presenting some criticisms of existing answers to this question. First, they fail to put the target, or victim, of entrapment at the centre of the moral explanation. Second, they fail to account for the intuitive relation between the reasons not to entrap and the reasons not to punish. Third, they struggle to account for the existence of agent-neutral reasons not to punish entrapped (...) offenders. Lastly, they are ill-equipped to explain why entrapment seems problematic also outside the legal context. In response, the paper develops a novel account of entrapment: the Manipulation Account. According to this, entrapment always involves a particular kind of manipulation (manipulation-by-hidden-intentions) which morally taints punishment. In short, I suggest that both the initial entrapment and the subsequent punishment involve wrongful manipulation. Lastly, the paper presents some untraditional, but ultimately welcoming, implications of the account. (shrink)

This article refers to the analysis of types of entrapment while gathering evidence in criminal proceedings. Based on the analysis of the laws of criminal procedure, theory and judicial practice, one could say that entrapment, as absolutely impermissible action in the course of simulation of a criminal act, could not be seen as mere pressure, active enticement or instigation to engage in criminal activity by restricting a person’s freedom of choice. As it happens, it is possible to provoke (...) a person without any active enticement or instigation to engage in criminal activity. This could be regarded as passive, indirect type of entrapment. The gist of the latter – creating the effect of minimum risk, meaning that a person, without any active enticement or instigation to engage in criminal activity, is acting in the course of a simulated situation, by thinking that the criminal activity he or she is committing will never be discovered by law enforcement authorities. The identification of passive entrapment is quite complicated, as it requires the precise assessment of the relation between the conduct of law enforcement authorities, the criminal and the criminal act, by using subjective and objective criteria. (shrink)

This Article offers an integrated analysis of the combined effect of the presence of migration bans and the absence of BLAs in domestic work in the emigration regime of Nepal. It identifies, acknowledges, critiques, and contributes to the critical literature highlighting entrapment processes in labor relations and immigration regimes by demonstrating the presence of such in the emigration regime. Drawing on the empirical findings of a participatory action research project conducted in Nepal, the Article demonstrates how restrictive emigration policies (...) and practices entail entrapment processes constitutive of the existing historical, cultural, gendered, racialized, and classed constraints impacting the lives of Nepalese citizens. The Article contributes to the critical literature that seeks to advance migrants’ rights, arguing that experiencing, encountering and escaping entrapment processes in the emigration regime impacts their agency when navigating immigration regimes and labor relations. This contribution advances the existing efforts to establish oft-ignored emigration regimes as important epistemological sites of research, theorization, and intervention. (shrink)

Dateline NBC’s “To Catch a Predator”(2006-08) involved NBC staff working with police and a watchdog group called “Perverted Justice” to televise “special intensity” arrests of men who were lured into meeting adult decoys posing as young children, presumably for a sexual encounter. As reality television, “To Catch a Predator” facilitates public shaming of those caught in front of the cameras, which distinguishes it from fictional representations. In one case, a Texas District Attorney, Louis Conradt, shot himself on film, unable to (...) bear the public humiliation of cameras airing his arrest. The show engenders conflicting responses: Did the show fulfill a public service by informing the public about real dangers and deterring potential predators, or was it an insensitive effort to garner ratings by taking advantage of human weaknesses? Is the sort of public shaming it imposes an appropriate form of punishment given the legitimate purposes of punishment? Did the show portray justice, or did it entrap victims? How did NBC’s working relationship with local police bear on the answer to that question? This paper addresses these questions and develops three objections to the show: that NBC in effect metes out unjust punishment; that it invades privacy; and that it entraps. (shrink)

Drones deployed to monitor endangered species often crash. These crashes teach us that using drones for conservation is a contingent practice ensnaring humans, technologies, and animals. This article advances a crash theory in which pilots, conservation drones, and endangered megafauna are relata, or related actants, that intra-act, cocreating each other and a mutually constituted phenomena. These phenomena are entangled, with either reciprocal dependencies or erosive entrapments. The crashing of conservation drones and endangered species requires an ethics of care, repair, or (...) reworlding. Diffractions, disruptions that expose difference, result from crashes and reveal the precarious manner by which technologies, laws, and discourses bring nature and culture together. To support crash theory, this article presents three ethnographic cases. A drone crash in the United Kingdom near white rhinoceroses while building machine learning training data exhibits the involvement of the electromagnetic spectrum; the threat of crashes in the Pacific Northwest near Puget Sound orcas discloses the impacts of drone laws; and drone crashes in Sri Lanka among Asian elephants presents the problems of technoliberal ideals around programming natural worlds. Throughout the article, a methodology is developed, parallelism, which attends to the material similarities in lateral phenomena. (shrink)

Proactive law enforcement techniques such as sting operations sometimes go too far, resulting in innocent people being "entrapped" into committing crime. Fortunately, the criminal law recognizes entrapment as a defense to a criminal charge. There is, however, much confusion about entrapment. In this paper I argue that this confusion is a result of misunderstanding the _moral status of entrapment. Since all proactive law enforcement violates the autonomy of those subject to it, it undermines moral agency and criminal (...) liability. Although this is sometimes justifiable, proactive law enforcement that does so in a way that constitutes entrapment is not. (shrink)

Under a ‘dirty hands’ model of undercover policing, it inevitably involves situations where whatever the state agent does is morally problematic. Christopher Nathan argues against this model. Nathan’s criticism of the model is predicated on the contention that it entails the view, which he considers objectionable, that morally wrongful acts are central to undercover policing. We address this criticism, and some other aspects of Nathan’s discussion of the ‘dirty hands’ model, specifically in relation to state entrapment to commit a (...) crime. Using János Kis’s work on political morality, we explain three dilemmatic versions of the ‘dirty hands’ model. We show that, while two of these are inapplicable to state entrapment, the third has better prospects. We then pursue our main aim, which is to argue that, since the third model precludes Nathan’s criticism, a viable ‘dirty hands’ model of state entrapment remains an open possibility. Finally, we generalize this result, showing that the case of state entrapment is not special: the result holds good for policing practices more generally, including such routine practices as arrest, detention, and restraint. (shrink)

We can no longer speak of a state of war in any traditional sense, yet there is currently no viable theory to account for the manifold internal conflicts, or civil wars, that increasingly afflict the world's populations. Meant as a first step toward such a theory, Giorgio Agamben's latest book looks at how civil war was conceived of at two crucial moments in the history of Western thought: in ancient Athens (from which the political concept of stasis emerges) (...) and later, in the work of Thomas Hobbes. It identifies civil war as the fundamental threshold of politicization in the West, an apparatus that over the course of history has alternately allowed for the de-politicization of citizenship and the mobilization of the unpolitical. The arguments herein, first conceived of in the immediate aftermath of 9/11, have become ever more relevant now that we have entered the age of planetary civil war. (shrink)