The United States system of policing is in drastic need of change. Some recent critics have encouraged that we avoid trying to repair the system—and abolish it altogether. In advancing this position, they often invoke ideas of “dreams,” “speculative imagination,” and “horizons” to guide efforts at fixing the problems of policing. In this essay, I caution against the overuse of this sort of idealized discourse in debates about policing. Specifically, I show how idealizations risk being counterproductive with respect to abolitionists’ (...) activist goals, in that they suggest that if abolition is desirable, approximating abolition is also desirable; fail to clarify what the conditions of application of their view are; and operate without the feasibility-sensitivity that one should expect from a non-evaluative position. My goal is not to suggest that our system of policing is fine as is. Nor is it to diminish the importance of having a long-term revolutionary vision. By pointing out the ways in which the idealizations invoked are inconsistent with abolitionists’ activist agenda, I hope to help clarify the merits of police abolition as a guiding strategy for change and caution against the use of certain forms of idealized thinking in our efforts at police reform. (shrink)

In response to the racial disparities that plague the American criminal justice system, the Movement for Black Lives calls for an end to policing and punishment “as we know it.” But refusing to punish violent offenses leaves unprotected those most vulnerable to crime, and outright abolition thus appears to undermine black rights and liberties. I call this the decarceration dilemma. After discussing Tommie Shelby and Christopher Lewis’s attempts to resolve the dilemma, I offer my own, which employs a (...) class='Hi'>procedural rather than a substantive solution. I lean on the principle of expanded asymmetry (EA), which holds that it is better to underpunish than overpunish. After defending EA, I note that it obtains only under conditions of uncertainty. I then show that because virtually all trials of black offenders meet the uncertainty condition, sentencing authorities are obliged to treat black offenders leniently. I conclude by noting the advantages of my proceduralist approach. (shrink)

In the intellectual confusion prevailing since the demise of Marxism and “marxism”, the attempt is made to define democracy as a matter of pure procedure, explicitly avoiding and condemning any reference to substantive objectives. It can easily be shown, however, that the idea of a purely procedural “democracy” is incoherent and self-contradictory. No legal system whatsoever and no government can exist in the absence of substantive conditions which cannot be left to chance or to the workings of the “market” (...) but must be posited as objectives of political activity. The confusion results from a deficient understanding of what makes a society and an empty idea of “freedom”. The objective of politics is not happiness, an affair to be left to the individuals, but it certainly is liberty understood as participation in the governance of the polity; it is also the pursuit of the common good, defined as the sum of the prerequisites and facilitations of individual autonomy depending on collective action, and as the realization of commonly agreed collective goals. (shrink)

_Against Capital Punishment_ offers an innovative proceduralist argument against the death penalty. Worries about procedural injustice animate many popular and scholarly objections to capital punishment. Philosophers and legal theorists are attracted to procedural abolitionism because it sidesteps controversies over whether murderers deserve death, holding out a promise of gaining rational purchase among death penalty retentionists. Following in this path, the book remains agnostic on the substantive immorality of execution; in fact, it takes pains to reconstruct the best arguments (...) for capital punishment and presumes the appropriateness of execution in limited cases. At the same time, the book contends that the possibility of irrevocable mistakes precludes the just administration of the death penalty. The heart of _Against Capital Punishment_ is a philosophical defense of the well-known irrevocability argument, which analyzes the argument’s premises, establishes their validity, and vindicates them against objections. The central claim is that execution violates the principle of remedy, which requires legal institutions to remedy their mistakes and to compensate those who suffer from wrongful sanctions. The death penalty is repellent to the principle of remedy by dint of its irrevocability. The incompatibility of remedy and execution is the crux of the irrevocability argument: because the wrongly executed cannot enjoy the obligatory remedial measures, execution is impermissible. _Against Capital Punishment_ also reveals itself to be free from two serious defects plaguing other versions of proceduralism: the retributivist challenge and the problem of controversial consequences. (shrink)

"The overall aim of this book is to understand the character of moral progress, so that making moral progress may become more systematic and secure, less chancy and less bloody. Drawing on three historical examples - the abolition of chattel slavery, the expansion of opportunities for women, and the increasing acceptance of same-sex love - it asks how those changes were brought about, and seeks a methodology for streamlining the kinds of developments that occurred. Moral progress is conceived as (...) pragmatic progress, progress from rather than progress to, achieved by overcoming the problems and limits of the current situation. Two kinds of problems are distinguished: problems of exclusion, found when the complaints of some people are ignored; and problems of false consciousness, present when the oppressed adopt judgments from the ambient society and do not protest their condition. The proposed methodology advocates procedures for listening to voiced complaints and for systematically reviewing the way in which particular self-conceptions, ideals and identities are taken to be appropriate for various groups of people. Through outlining a picture of moral practice, at both the individual and the societal levels, the book seeks to orient moral philosophy away from metaethical questions of realism and towards moral methodology"--. (shrink)

Plea bargains are the stock-in-trade of the modern American prosecutor’s office. The basic scenario, wherein a defendant agrees to plea guilty in exchange for a reduced sentence, is familiar to viewers of police procedurals. In an equally famous variation on the theme, the prosecutor requests something more than an admission of guilt: leniency will only be forthcoming if the defendant is willing to cooperate with the prosecutor in securing the conviction of another suspect. In some of these cases, the defendant (...) is a low-level criminal who has information on a high-level malefactor who is of more interest to the police. In others, the defendant and the person she is asked to testify against are of the same criminal rank, but evidentiary weaknesses induce the prosecutor to seek the aid of one suspect in order to convict the other. In this latter version, the classic tactic of film detectives is to offer the bargain to both defendants in the hopes that one will crack and agree to reveal what he knows about the other. The defendants could either be in custody for different crimes or be accomplices in the same offense. -/- The last variation (involving accomplices) is the subject of this Article. I take issue with the prosecutorial tactics in these cases because of the risk they create of punishing the comparatively virtuous person more than the comparatively vicious one for the same acts. As I will argue, it is the less honest person who is more likely to accept the prosecutor’s deal, leading the more honest person, who resisted temptation, to suffer greater penalties. -/- I contend that this scenario offends distributive justice, runs counter to the idea (accepted by some) that a proper goal of the state is the cultivation of good character in the citizenry, and is perverse insofar as a person will suffer more from the prosecutor's dilemma insofar as she is more or less a person of conscience. These negative considerations notwithstanding, I do not call for the abolition of accomplice plea bargaining but argue that the problems I raise should be considered when weighing its pros and cons. -/- This article was published in the company of a strong critical response by Guha Krishnamurthi, whose contribution I greatly appreciate. (shrink)

State policy in the field of law enforcement during the Khrushchev's period wasn't a stabile. The first wave of changes was associated with the abolition of some legislative acts of the Stalinist period, a significant softening of punitive line, narrowing of the scope of capital punishment, empowerment convicted people etc. On the one hand, these steps are partially rehabilitating the Soviet law enforcement. On the other hand, government actions were unreasoned and populist, designed for quick political effect. The next (...) wave of change was due to the spread of the idea of the gradual withering away of the state in terms of building a communist society. As a consequence of this ideology was the reduction of employees in the field of law enforcement and attracting a variety of civic organizations, labor groups and citizens to fulfill a variety of law enforcement functions (voluntary civil police, civil judges, civil assistant investigator, civilian prosecutors, civil lawyers, etc.). And finally, the soviet leadership made steps in the field of law enforcement toward stricter penalties for serious crimes, as well as expanding the scope of the death penalty. The country's leadership was actively intervened in the work of law enforcement. Communist Party took control the law enforcement agencies due to the appointment to senior positions along party lines and managing work of party members through the party cell. One of the major controversies of the time was mixing the steps to improve of law enforcement sphere (increased attention to the frames, structural changes, strengthening analytical work in the study of crime statistics), with a desire to demonstrate the advantages of the socialist way of life (which was manifested in the silencing of certain criminal manifestations, artificially lowering their significance by reducing the liability on them, outright ignoring problems and their causes, etc.). Contradictions were observed in the conduct of state punitive line too. On the one hand, it was a significant step up from the Stalinist penal system by expanding the rights of prisoners, procedural rules, which led to a softening of the repressive pressure on the population. On the other hand, the state retained its attitude to dissent; applying the new forms social exclusion of dissidents, for example, applying to them the impact of psychiatric measures. These moments hampered consolidation of the new format of normative behavior in the minds of ordinary citizens, and gave rise to "double standards", the imbalance between what is declared and what actually happened. (shrink)

The right to be secure from torture, a right that encompasses moral as well as legal strictures against the practice, is supported by increasingly stringent human rights instruments. In this essay, I have discussed the principal instruments and their place in the anti-torture field considered broadly. The phenomenon of these international instruments foreshadows an ever-widening range of legal initiatives against torture, and is emblematic of the increasing importance attached to respect for human life and human dignity. The diversity of international (...) treaties providing against torture such as, for example, The Convention on the Prevention and Punishment of the Crime of Genocide (1948), The Supplementary Convention on the Abolition of Slavery (1956), The International Convention on the Elimination of All Forms of Racial Discrimination (1965), and The International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), indicates the interconnectedness of a wide range of human rights issues.The boundaries that have been drawn around the violation constituted by torture are clearer at present than are those bounding many other rights. Rights commonly categorized as of an economic nature - the right to food and to development, for example - are undergoing processes of definition and implementation. One challenge of this paper is to generate procedures presently attached to such specific human rights violations as torture to rights with less clear parameters. In this way, the growing effectiveness of procedures against torture can serve in the long term to strengthen the bases of international human rights law while in the short term helping to expand the armory of procedures for the protection of less clearly-defined, rights. International human rights law offers a practical tool towards eliminating torture from states' instruments for governing and provides a model for the development of procedures in other categories of rights, while bringing universally declared moral aspirations and legal authority into closer alignment. (shrink)

Despite the persistence of violence inside and around prisons, and the dubious adequacy of criminal law to respond to victim–survivors, international human rights (IHR) discourse increasingly promotes the mobilisation of the state’s penal apparatus to respond to human rights violations, including violence against women (VAW). Using an anticolonial feminist approach, this article scrutinises the ontological and epistemological commitments underlying ‘human rights penality,’ by analysing features of the Western-colonial register vis-a-vis more relational worldviews. Separateness, abstraction, and transcendence broadly underpin the exclusion (...) of embodied experience, context, and material reality from the juridical field. In the second part, through discourse analysis of Inter-American and European case law, the author shows the deployment of human rights penality, the displacement of experience, and the disregard of context in IHR discourse. VAW is construed as a procedural and penal matter: it is the absence of a penal process that courts regard as failure to protect women, rather than the state’s inability/unwillingness to address structural subordination. Moreover, the ‘virtues’ attributed to the penal system justify its expansion, which facilitates the continuity of penal violence and debilitates alternative approaches to justice. Finally, the author posits penal abolition as an anticolonial praxis, pointing at examples of anti-carceral feminist work. (shrink)

This article aimed to highlight the reasons for a criticism by the Irish writer Clive Staples Lewis towards the direction of youth education in Europe, notably in the United Kingdom, in the 20th century. His criticism gained as his main thesis what the writer called “the abolition of man”, resulting from an educational system that promotes an alleged rationality that prevented the development of an intermediate element in the human being between the cerebral and the visceral. For Lewis, that (...) intermediate element is the emotions that, well trained, endow the intellect with capacities to deal with the mere animal organism. For this purpose, our starting point in this work was outlined by the cut of a broader work, which consists of an exhibition that, in general, highlights some guidelines that point to the composition of a Philosophy of Education in C. S. Lewis. We seek to collect, initially, the elements of a philosophical anthropology, collected directly, by an interpretative procedure, from the vast work of the author in question, particularly The Abolition of Man, Pure and Simple Christianity, The Weight of Glory, Christian Reflections, The Four Loves, Letters from a Devil to His Apprentice, God in the Dock, Ethics to Live Better, Christian Reflections, among others. In addition to these texts used as a direct source, we also take the work of Gabrielle Greggersen, entitled The Philosophical Anthropology of C. S. Lewis, where the author makes an interpretive incursion into the author’s fictional literature texts, as well as the works biographies of Alister MacGrath, Conversing with Lewis and The Life of C. S. Lewis, in which the Irish philosopher’s life and work are richly detailed. Keywords: C. S. Lewis. Philosophy. Education. Philosophy of education. Philosophical anthropology. (shrink)

A common view of politics is that it is reducible to applied ethics. If politics, in a classic phrase, is about “who gets what, when, and how,” then the task of normative political theory would simply be to tell us who is morally entitled to get whatever the “what” is in that statement.This view, however, can easily reduce politics to a dizzying vortex of actions to assess from an ethical perspective. And while the task of moral philosophy may be precisely (...) to articulate principles by which to pass such judgment, the focus of political theory lies elsewhere.To study and assess politics means attending to the institutional frameworks and structural conditions that enable or constrain human action to begin with. The question for normative political theory, in other words, is whether the organizational structure of a given society—embodied in its decision-making procedures, its distribution of power, and its defining patterns of production, reproduction, and distribution—is defensible or not.This question of justice in the institutional makeup of society has not been entirely ignored in animal rights literature. Animal advocates have always been clear about the massive societal ramifications of dismantling the speciesist order. Likewise, rights theorists and activists have often proposed concrete legal measures for improving the protection of animals, be it by piecemeal welfare reform in animal agriculture, by the abolition of specific practices in biomedical research, or by seeking the equivalent of human rights for select species like great apes or dolphins. The field has also seen fierce debate among animal advocates about the appropriate strategies for engaging with the state and the legal system.Nonetheless, most discussions have been about what it means to treat individual animals with respect, and not about what is required of a political order aspiring to just treatment of all species. In fact, it is only in the last decade that the issue of political justice has taken up a place at the center of animal ethics.Though the field is still developing, we may take it as a sign of maturity that it can now sport its first “short introduction” book: Alasdair Cochrane's Should Animals Have Political Rights? (2020). Its appearing as part of the Polity Press series Political Theory Today further attests to the book's timeliness.The starting point of Cochrane's book—and of political animal studies in general—is that political relations between humans and other animals are not optional but inevitable. Other animals live among us, and the way we organize our societies has a massive impact on the lives of other sentient animals both inside and outside the borders of our human communities. Assuming that these creatures possess intrinsic value as experiencing individuals with morally relevant interests, the question seems inescapable: What kind of polity can accommodate for the multispecies character of our communities and embody justice for all sentients? Cochrane's answer is largely the same as the one he offered in his previous book, Sentientist Politics: A Theory of Global Inter-Species Justice (Oxford University Press, 2018), where he laid out his full vision of a postnational and species-neutral “cosmozoopolis.”The present book is much more concentrated and written as an accessible introduction for readers new to the field. Over seven short chapters, Cochrane reconstructs his argument for an interspecies democracy by assessing a series of arguments and propositions drawn from previous literature on the topic.The first notion to be scrutinized is the popular idea that animal welfare legislation is enough to secure respect for animals. Here, Cochrane acknowledges that welfarism goes some way toward safeguarding animal interests, but he also stresses that its historical record has been disheartening. Welfarism protects animals only insofar as their protection coincides with human interests, and this is far from enough to ensure respect for the animals’ intrinsic value.The second line of argument tries to push beyond welfarism by claiming constitutional protection for animals. By this move, reformers hope to place animal interests on an equal footing with human interests and prevent the overriding of the former in the name of human entitlements (to property, artistic expression, freedom of science, and so forth). Looking at real-world cases, however, Cochrane finds that these constitutional provisions tend to be sidelined when they come into conflict with the interests of big agribusiness.Noting that more than constitutional protection is needed, Cochrane turns to a third set of arguments about legal personhood for animals. Winning personhood for animals would certainly constitute a radical step toward equalizing the interests of different species. Nonetheless, Cochrane argues that personhood alone would be insufficient. Intrinsic value, to him, cannot be fully respected unless animals win the political right to have their interests factor into society's articulation of the public good. As sentient beings, we can all make a claim on the political communities we are part of to not only recognize us as members but furnish us with the means to live well.The fourth and final step for Cochrane is to argue that democratic representation for animals is necessary for realizing these political membership rights. Without representation, he contends, political rights risk being watered down, leaving animals with much less than they are entitled to as sentient beings. Cochrane critically discusses several different models for how this representation could be organized. While he is partial to a system where specially trained human representatives are tasked with voicing the animals’ interests in the legislative process, he leaves many of the practicalities open for future experimentation.Readers familiar with the field of political animal studies will find little new in Should Animals Have Political Rights? For students new to the field, however, Cochrane's book does an excellent job introducing the main issues in a very accessible format. Students of “regular” political science will also benefit from the book's fresh challenge to the discipline's understanding of “the political” as well as its important insights into the relationship between individual and political rights. (shrink)

La conscience ne nous est pas donnée a priori : il nous revient de l'édifier en nous. Descartes, Kant et Fichte ont tracé le chemin. Mais les penseurs aujourd'hui affirment qu'il n'est rien en nous au-delà du visible, de l'évident. La recherche de l'humain en nous est rejetée comme métaphysique voire subversif de l'ordre. Cet ordre marchand est celui de la valeur, notre seule mesure.

Punishment involves the intentional infliction of harm and suffering. Both of the most prominent families of justifications of punishment – retributivism and consequentialism – face several moral concerns that are hard to overcome. Moreover, the effectiveness of current criminal punishment methods in ensuring society’s safety is seriously undermined by empirical research. Thus, it appears to be a moral imperative for a modern and humane society to seek alternative means of administering justice. The special issue of Diametros “The Abolition of (...) Punishment: Is a Non-Punitive Criminal Justice System Ethically Justified?” was brought into life precisely to give the authors a platform for such progressive inquiries. And it is now safe to say that this platform has been put to excellent use, since Valerij Zisman, Alexander Stachurski, Giorgia Brucato, Perica Jovchevski, Sofia M. I. Jeppsson, Stephen G. Morris, Benjamin Vilhauer, John Lemos, Saul Smilansky, Elizabeth Shaw, Mirko Farina, Andrea Lavazza and Sergei Levin have presented such thought-provoking texts that they are bound to set the stage for debate in the years to come. This article is an introduction to this special issue and to the authors’ papers. (shrink)

This paper analyses the demands for abolishing passports after WWI. The international regime of obligatory passports, as it exists today, is a legacy of the Great War. After the Armistice, two Passport Conferences organized by the League of Nations considered its abolition. Before the second conference, a resolution of the Sixth Assembly of the League of Nations stated that "public opinion is certainly waiting for at least one step towards the most generalized abolition of the passport system ". (...) Was this just a diplomatic figure of speech, or is there really such an "expectation" to be found, for instance, in the press? If there was such an expectation in the press, what was the political orientation of the newspapers in favor of abolishing passports: was it left-wing? This article analyzes a corpus of over 600 articles published in the French press between the World Wars to show, firstly, that interest in the "abolition of passports" was not circumstantial. It's not because the League of Nations is discussing it that the press is discussing it - the opposite is true. The issue of the "abolition of passports" gave rise to a greater number of articles than the League’s "passport conferences". secondly, and more surprisingly, the newspapers that published the most articles on the abolition of passports were center-right and mostly regional. (shrink)

Building Abolition: Decarceration and Social Justice explores the intersections of the carceral in projects of oppression, while at the same time providing intellectual, pragmatic, and undetermined paths toward abolition. Prison abolition is at once about the institution of the prison, and a broad, intersectional political project calling for the end of the social structured by settler colonialism, anti-black racism, and related oppressions. Beyond this, prison abolition is a constructive project that imagines and strives for a transformed (...) world in which justice is not equated with punishment, and accountability is not equated with caging. Composed of sixteen chapters by an international team of scholars and activists, with a Foreword by Perry Zurn and an Afterword by Justin Piché, the book is divided into four themes: - Prisons and Racism - Prisons and Settler Colonialism - Anti-Carceral Feminisms - Multispecies Carceralities. This book will be of interest to undergraduate and postgraduate students, activists, and scholars working in the areas of Critical Prison Studies, Critical Criminology, Native Studies, Postcolonial Studies, Black Studies, Critical Race Studies, Gender and Sexuality Studies, and Critical Animal Studies, with particular chapters being of interest to scholars and students in other fields, such as, Feminist Legal Studies, Animal Law, Critical Disability Studies, Queer Theory, and Transnational Feminisms. (shrink)

C. S. Lewis sets out to persuade his audience of the importance and relevance of universal values such as courage and honor in contemporary society.

An argument for the elective abolition of Intellectual Property Rights (IPR). The premise is that IPR law is a form of slavery to Capital, for authors and for artists. The ontological reduction of IPR is part and parcel of the "Proof of Concept" phase for a PhD dissertation project, dating to September 2021, entitled Works for Works: "No Rights".

Paru une première fois en février 1968 à l'enseigne de la galerie Claude Givaudan, L'Abolition de l'art est l'un des textes les plus emblématiques parmi ceux préfigurant Mai 68, mais aussi dans la réflexion d'Alain Jouffroy sur l'art. Accompagné ici, et pour la première fois, du film éponyme réalisé dans la foulée, et de deux textes qui en redistribuent les enjeux (« Que faire de l'art? », écrit en août 1968, et « Le futur abolira-t-il l'art? », écrit en (...) 1970); les propositions de L'Abolition de l'art se présentent désormais comme un ensemble autonome dont Alain Jouffroy donnait la portée inaugurale en ces termes : « C'est au moment où, devant une oeuvre nous oublions qu'elle relève de l'art, au moment où la méthode d'exécution suscite dans le spectateur, une méthode de méditation - une série d'actes organisés par la pensée – que nous sommes confrontés vraiment avec nous-même, avec le feu. C'est ce basculement que j'appelle l'Abolition de l'art (...). » Cette édition, accompagnée des plans des « Urgences » de Daniel Pommereulle et du DVD du film, est préfacée par Pablo Durán. Alain Jouffroy est né en 1928. (shrink)

Où est passé le mot "âme"? Pourquoi a-t-il été escamoté? Comment s'est-il évaporé de notre langue, volatilisé de notre culture, évanoui de notre quotidien? Que signifie sa disparition? Et que nous dit-elle de l'humanité contemporaine? Il n'y est pas allé d'une subite révolution. Il s'est agi d'un lent mais implacable effacement. Celui que Robert Redeker dévoile et démontre ici en refaisant l'histoire de ce mot perdu. Peu à peu, on a doté l'âme, vocable crucial, d'apparents compléments qui ont fini par (...) se révéler de complets substituts. On lui a préféré l'ego, le moi, le sujet, la conscience puis l'inconscient et, dernièrement même, le cerveau. Ainsi, de Descartes à Derrida, des premiers modernes aux ultimes déconstructionnistes, la spiritualité dévitalisée, le monde désarrimé, l'homme désincarné n'ont cessé de croître sur l'âme désertée. Mais la réalité de l'âme, elle, n'est pas éteinte. Elle s'est seulement absentée de notre pensée. Elle demeure le chiffre secret de la vie vivante et le restera tant qu'il ne sera pas trop tard. Cet essai libre et libérateur nous invite à souverainement la redécouvrir, la retrouver, la sauver."--Page 4 of cover. (shrink)

Does morality have a procedure? Unlike law, morality is arguably neither posited nor institutional. Thus, while morality undeniably prescribes various procedures, that morality itself has a procedure is less obvious. Indeed, the coexistence of procedural moral norms alongside substantive moral norms might seem paradoxical, given that they often yield contradictory prescriptions. After all, one may wonder, is morality not substantive all the way down? Nevertheless, the paper argues that morality has a “procedural branch” containing numerous norms that are (...) themselves procedural. These norms comprise what we hold are the three hallmarks of a procedural norm: second-orderness, providing reasons on how to engage with other norms, and outcome-neutrality. In this respect, morality is more like law than what one might have expected. (shrink)

This paper outlines a procedure for assessing the quality of failure explanations in engineering failure analysis. The procedure structures the information contained in explanations such that it enables to find weak points, to compare competing explanations, and to provide redesign recommendations. These features make the procedure a good asset for critical reflection on some areas of the engineering practice of failure analysis and redesign. The procedure structures relevant information contained in an explanation by means of structural equations so as to (...) make the relations between key elements more salient. Once structured, the information is examined on its potential to track counterfactual dependencies by offering answers to relevant what-if-things-had-been-different questions. This criterion for explanatory goodness derives from the philosophy of science literature on scientific explanation. The procedure is illustrated by applying it to two case studies, one on Failure Analysis in Mechanical Engineering (a broken vehicle shaft) and one on Failure Analysis in Civil Engineering (a collapse in a convention center). The procedure offers failure analysts a practical tool for critical reflection on some areas of their practice while offering a deeper understanding of the workings of failure analysis (framing it as an explanatory practice). It, therefore, allows to improve certain aspects of the explanatory practices of failure analysis and redesign, but it also offers a theoretical perspective that can clarify important features of these practices. Given the programmatic nature of the procedure and its object (assessing and refining explanations), it extends work on the domain of computational argumentation. (shrink)

This paper argues that Rwanda’s decision to abolish the death penalty should be viewed in a wider context rather than as a mere result of top–down pressure from the International Criminal Tribunal for Rwanda (ICTR). Part I traces the creation of the ICTR and the breakdown of negotiations as a result of the exclusion of the death penalty from the ICTR’s jurisdiction. It then outlines Rwanda’s efforts to prosecute the hundreds of thousands of individuals accused of committing genocide-related crimes and (...) notes the limited and steadily decreasing role the death penalty actually played within Rwanda. Part II discusses Rwanda’s legislation abolishing the death penalty and argues that both international pressure and local historical and political forces influenced the decision. Part III situates Rwanda’s story within a growing paradox of excluding the death penalty from international criminal tribunals for the most serious crimes while national jurisdictions maintain it. It concludes that as in Rwanda, any perceived or potential impact of international criminal law in national jurisdictions must be measured in light of local circumstances. (shrink)

In the history of interpretations of Hegel, how one reads the chapter on “Absolute Knowing” in the Phenomenology of Spirit determines one’s whole perspective. In fact, Marx’s only comments on the Phenomenology concern this final chapter, taking it as the very “secret” of Hegel’s philosophy. But what is the secret hidden within the thicket of this impenetrable prose? My suggestion is that it turns on a very specific meaning of the “abolition of time” that Hegel describes in the very (...) last paragraphs. But the meaning of this idea is not what Marx criticized in his last Manuscript of 1844, that is, it is not simply a form of idealism which abolishes the finitude of man. Rather this relationship to time accepts such finitude, making it the central axis upon which the possibility of freedom turns. In this paper, I will present a reading of “Absolute Knowing” that focuses on the meaning of overcoming time, and connect it to some thoughts on “disposable time” that Marx discusses in the Grundrisse. (shrink)

The movements for prison and police abolition today are not only analogous to but extensions of antebellum and postbellum movements for the abolition of slavery and segregation. Dreams of transformative justice, resistance to government, and the creation of alternative practices have been vital to abolitionist efforts to dismantle various US anarchies. This essay examines the political and theological debates of antebellum abolitionists about the US government, the Constitution and law more broadly, civil disobedience, anarchy, and revolution, arguing that (...) these remain vital debates for abolitionists today. (shrink)

There is something prophetic about abolition; some element of the elsewhere that marks its practice, and its discourse. In the work of undoing, there is a crack. In the refusal, a moment of imagination. Abolition is driven by definitive demands as much as by what is yet to come and what is still unfinished.

Illusionism claims that we are not conscious, that there is nothing it is like, in the usual sense of the word, to feel sad, or to smell lavender. According to Illusionists, we are, in a technical sense, zombies. Instead of arguing for the falsity of Illusionism directly, I will explain why the main philosophical motivations for it are mistaken – and I trust the rest will be taken care of by the extreme implausibility of the view. I want to spread (...) the good news to Illusionists that they don’t need to resort to this highly counterintuitive, strange, and as I will argue later, morally corrosive idea. One can be a physicalist and phenomenal realist since neither of the two types of arguments Illusionists rely on – the conceivability arguments, and the debunking arguments against physicalist phenomenal realism – work. In the last part of the paper, I will say something about the corrosive effect this metaphysics has on our moral and evaluative outlook. (shrink)

Cet article propose de situer l’originalité de la justice transformatrice dans le paysage plus général des théories de la justice. Il suggère que la justice transformatrice est à découvrir dans sa spécificité, venue des mouvements anti-racistes africains-américains, mais qu’elle s’inscrit aussi dans toute une série de questions très anciennes, qui s’en trouvent relancées sur de nouvelles pistes. C’est désormais à l’échelle planétaire qu’il faut élever le slogan Pas de paix sans justice, et devant les impasses des politiques répressives, la justice (...) transformatrice fraie des voies qu’il est urgent d’expérimenter activement. (shrink)

What is abolition? What is the logic of its movement, the character of its kinesthetic signature? By exploring abolition’s debts to Foucauldian genealogy, the messianism in Derridean deconstruction, and the affective resistance among queer/trans communities, this essay argues that abolition is a kite-idea. It moves by flying overhead, shimmering in the sun, and tugging at the hand. Abolition is a practice of history, a dream of the future, and an affective struggle lived today. This is its (...) fragile promise. (shrink)

Francis Dunlop; The Abolition of Morality?, Journal of Philosophy of Education, Volume 33, Issue 3, 16 December 2002, Pages 473–484, https://doi.org/10.1111/146.

Francis Dunlop; The Abolition of Morality?, Journal of Philosophy of Education, Volume 33, Issue 3, 16 December 2002, Pages 473–484, https://doi.org/10.1111/146.

Analytic metaphysics of gender has taken an ameliorative turn towards ethical and political questions regarding what our concept of gender ought to be, and how gendered society should be structured. Abolitionism about gender, which claims that we ought to mandate gender out of existence, has therefore seen renewed interest. I consider three arguments for abolitionism from radically different perspectives: Haslanger’s simple argument, Escalante’s Gender Nihilism, and Okin’s argument from ideal theory. I argue that none of the above manage to establish (...) the desirability of abolitionism and that we should be wary of the abolitionist position, as it imperils trans lives. (shrink)

The series of conversations between Angela Y. Davis and Eduardo Mendieta entitled Abolition Democracy is a powerful investigation of the failed moral imagination of imperial democracies. After examining their discussion of how truncated political discourses enable abuses in both war and imprisonment, I look to the “exceptional” status of war prisons such as at Guantánamo and Abu Ghraib. I argue that domestic prisons, like international war prisons, are means for the paradigmatic functioning of the exception in modern democracy, as (...) described by Giorgio Agamben, and thus constitute no less of an “ultimate carceral threat.” Within the domestic prison, the legal status of inmates is virtually suspended and they are reduced to bare life. I conclude that we may yet share the hopes of Davis and Mendieta for an abolition democracy, and that such a democracy would bear the echoes of the unconditional sovereignty “to come” theorized by Jacques Derrida. (shrink)

The series of conversations between Angela Y. Davis and Eduardo Mendieta entitled Abolition Democracy is a powerful investigation of the failed moral imagination of imperial democracies. After examining their discussion of how truncated political discourses enable abuses in both war and imprisonment, I look to the “exceptional” status of war prisons such as at Guantánamo and Abu Ghraib. I argue that domestic prisons, like international war prisons, are means for the paradigmatic functioning of the exception in modern democracy, as (...) described by Giorgio Agamben, and thus constitute no less of an “ultimate carceral threat.” Within the domestic prison, the legal status of inmates is virtually suspended and they are reduced to bare life. I conclude that we may yet share the hopes of Davis and Mendieta for an abolition democracy, and that such a democracy would bear the echoes of the unconditional sovereignty “to come” theorized by Jacques Derrida. (shrink)

In advocating an extreme form of specification requiring the abolition of separate senses, Stoffregen & Bardy run the risk of diverting attention from the multisensory integration of perception and action they wish to champion.

This essay argues that a black radical Kantianism proposes a Kantian theory of justice in the circumstances of injustice. First, I describe BRK’s method of political critique and explain how it builds on Kant’s republicanism. Second, I argue that Kant’s original account of public right is incomplete because it neglects that a situated citizenry’s adoption of an ideal contributes to its refinement. Lastly, with the aid of W.E.B. Du Bois’s analysis of American Reconstruction and his proposal of an “abolition (...) democracy,” I offer my refined universalizable standard for political critique. Du Bois reconceptualizes the requirements of justice to protect the political liberties and productive powers of black freedmen and the working poor. While originating with the political demands of black freedmen during the Reconstruction era, the universal protection of political liberties and productive powers offers a novel public standard for political judgment that should still anchor deliberation today. (shrink)

Medical schools, like all institutions, are conservative since they seek to maintain and expand on their accomplishments. Stakes are high in carceral medicine given the risks of replicating the inhumane social conditions that exist within prisons and allow prisons to exist. Given the increasing number of partnerships between state and municipal carceral systems with academic medical centers, medical schools must consider which guiding theory they will use to teach carceral medicine. The interdisciplinary theory of prison abolition is best fit (...) for the task of training medical students to think about the long term goals of societal change and public health. (shrink)

This article uses the concept of a progressive jail assemblage to think about the focus on jails as both a target of social justice organizing and a tool for advancing social justice goals. Drawing on ethnographic research conducted among formerly incarcerated organizers and their allies in Western Massachusetts (New England), I explore how the sheriffs who operate jails in this region, along with their collaborators, have increasingly sought to redefine the figure of the criminal as not just a danger to (...) others but also a danger to themselves, someone in need of rehabilitative treatment and even care. In doing so, these sheriffs have attempted to reinvent their role, from the quintessentially American crime fighting figure, to one who is also a provider of care. Social justice activism has helped to expand the “caring” role of the jail, through increased addiction treatment, re-entry support, and community outreach – even to the extent of incarcerating individuals dealing with addiction who have not been charged with a crime. As progressive jails have been reconfigured as providers of care, abolitionists are confronted with the ongoing dilemma of how to remain a figure opposed to the use of prisons and jails without being seen as against care. (shrink)

C. S. Lewis, The Abolition of Man HarperCollins Publishers, New York, 2001.

An incisive and sympathetic examination of the case for ending the practice of imprisonment Despite its omnipresence and long history, imprisonment is a deeply troubling practice. In the United States and elsewhere, prison conditions are inhumane, prisoners are treated without dignity, and sentences are extremely harsh. Mass incarceration and its devastating impact on black communities have been widely condemned as neoslavery or “the new Jim Crow.” Can the practice of imprisonment be reformed, or does justice require it to be ended (...) altogether? In The Idea of Prison Abolition, Tommie Shelby examines the abolitionist case against prisons and its formidable challenge to would-be prison reformers. Philosophers have long theorized punishment and its justifications, but they haven’t paid enough attention to incarceration or its related problems in societies structured by racial and economic injustice. Taking up this urgent topic, Shelby argues that prisons, once reformed and under the right circumstances, can be legitimate and effective tools of crime control. Yet he draws on insights from black radicals and leading prison abolitionists, especially Angela Davis, to argue that we should dramatically decrease imprisonment and think beyond bars when responding to the problem of crime. While a world without prisons might be utopian, The Idea of Prison Abolition makes the case that we can make meaningful progress toward this ideal by abolishing the structural injustices that too often lead to crime and its harmful consequences. (shrink)

The Abolition of Man, C. S. Lewis's masterpiece in ethics and the philosophy of science,warns of the danger of combining modern moral skepticism with the technological pursuit of human desires. The end result is the final destruction of human nature. From Brave New World to Star Trek, from Steampunk to starships, science fiction film has considered from nearly every conceivable angle the same nexus of morality, technology, and humanity of which C. S. Lewis wrote. As a result,science fiction film (...) has unintentionally given us stunning depictions of Lewis's terrifying vision of the future. In Science Fiction and the Abolition of Man: Finding C. S. Lewis in Sci-Fi Film and Television, scholars of religion, philosophy, literature, and film explore the connections between sci-fi film and the three parts of Lewis's book:how sci-fi portrays "Men Without Chests" incapable of responding properly to moral good, how it teaches the Tao or "The Way," and how it portrays "The Abolition of Man.". (shrink)

C. S. Lewis sets out to persuade his audience of the importance and relevance of universal values such as courage and honor in contemporary society.