Prolonged solitary confinement has become a widespread and standard practice in U.S. prisons—even though it consistently drives healthy prisoners insane, makes the mentally ill sicker, and, according to the testimony of prisoners, threatens to reduce life to a living death. In this profoundly important and original book, Lisa Guenther examines the death-in-life experience of solitary confinement in America from the early nineteenth century to today’s supermax prisons. Documenting how solitary confinement undermines prisoners’ sense of (...) identity and their ability to understand the world, Guenther demonstrates the real effects of forcibly isolating a person for weeks, months, or years. -/- Drawing on the testimony of prisoners and the work of philosophers and social activists from Edmund Husserl and Maurice Merleau-Ponty to Frantz Fanon and Angela Davis, the author defines solitary confinement as a kind of social death. It argues that isolation exposes the relational structure of being by showing what happens when that structure is abused—when prisoners are deprived of the concrete relations with others on which our existence as sense-making creatures depends. Solitary confinement is beyond a form of racial or political violence; it is an assault on being. (shrink)

Primary textual evidence confirms that Schopenhauer was aware of the widespread adoption of solitary confinement in the American penitentiary system, and some of its harmful effects. He understands its harmfulness in terms of boredom, a phenomenon which he is known to have given extensive thought and analysis. In this paper I interpret Schopenhauer’s account of boredom and its relation to solitary confinement. I defend Schopenhauer against the objection that cases of confinement only serve to illustrate (...) the general inadequacy of his explanation of boredom in terms of a lack of things to will. This defence arrives at the conclusion that, on the contrary, someone might well suffer from a lack of things to will as a direct result of being confined; and that boredom understood as the deprivation of willing, a phenomenon I suggest may be called conative deprivation, makes an illuminating contribution to our theoretical understanding of the harmfulness of solitary confinement. (shrink)

I develop Tetsurō Watsuji’s relational model of the self as “betweenness”. I argue that Watsuji’s view receives support from two case studies: solitary confinement and dementia. Both clarify the constitutive interdependence between the self and the social and material contexts of “betweenness” that define its lifeworld. They do so by providing powerful examples of what happens when the support and regulative grounding of this lifeworld is restricted or taken away. I argue further that Watsuji’s view helps see the (...) other side of this deprivation, how reconstructing aspects of betweenness is, at the same time, a reconstruction of the self. I conclude by briefly indicating further consequences of this view. (shrink)

Psychiatrist Stuart Grassian has proposed the term “SHU syndrome” to name the cluster of cognitive, perceptual and affective symptoms that commonly arise for inmates held in the Special Housing Units (SHU) of supermax prisons. In this paper, I analyze the harm of solitary confinement from a phenomenological perspective by drawing on Husserl’s account of the essential relation between consciousness, the experience of an alter ego and the sense of a real, Objective world. While Husserl’s prioritization of transcendental subjectivity (...) over transcendental intersubjectivity underestimates the degree to which first-person consciousness is constitutively intertwined with the embodied consciousness of others, Husserl’s phenomenology nevertheless provides a fruitful starting-point for a philosophical engagement with the psychiatric research on solitary confinement. (shrink)

The practice of solitary confinement (SC) is established within the literature as a common occurrence of torture within the prison system, and many international and national human rights organizations have called for its abolition. A somewhat more contentious topic in the literature is the practice of force feeding (FF) of hunger-striking prisoners. The paper aims to make a case against FF by establishing a parity argument that states the following: If SC is considered an immoral practice (and indeed (...) it should be), it should follow that FF is morally impermissible as well. In conclusion, this paper will argue that FF of hunger-striking prisoners is a violation of their fundamental moral rights and constitutes cruel and inhumane treatment and, therefore, should be abolished. (shrink)

In The Body in Pain, Elaine Scarry analyzes the structure of torture as an unmaking of the world in which the tools that ought to support a person’s embodied capacities are used as weapons to break them down. The Security Housing Unit (SHU) of California’s Pelican Bay State Prison functions as a weaponized architecture of torture in precisely this sense; but in recent years, prisoners in the Pelican Bay Short Corridor have re-purposed this weaponized architecture as a tool for remaking (...) the world through collective resistance. This resistance took the form of a hunger strike in which prisoners exposed themselves to the possibility of biological death in order to contest the social and civil death of solitary confinement. By collectively refusing food, and by articulating the meaning and motivation of this refusal in articles, interviews, artwork, and legal documents, prisoners reclaimed and expanded their perceptual, cognitive, and expressive capacities for world-making, even in a space of systematic torture. (shrink)

Many prisoners in solitary confinement experience adverse psychological and physical effects such as anxiety, paranoia, insomnia, headaches, hallucinations and other perceptual distortions. Psychiatrists call this SHU syndrome, named after the Security Housing Units [SHU] of supermax prisons. While psychiatric accounts of the effects of supermax confinement are important, especially in a legal context, they are insufficient to account for the phenomenological and even ontological harm of solitary confinement. This paper offers a phenomenological analysis of the (...) lived experience of space in supermax confinement by drawing on Merleau-Ponty’s account of intercorporeal depth. I argue that the prolonged deprivation of concrete experiences of spatial depth in a shared world is a form of violence against the relational structure of embodied (inter)subjectivity, and that it threatens to undermine the prisoner’s capacity for a meaningful relation to the world, to others, and even to herself. Nevertheless, some prisoners have developed strategies for resisting this psychopathology of space. (shrink)

This paper analyzes the Security Housing Unit in Pelican Bay State Prison as a form of weaponized architecture for the torture of prisoners and the unmaking of the world. I argue that through collective resistance, prisoners in the Pelican Bay Short Corridor have re-purposed this weaponized architecture as a tool for remaking the world by creating new, resistant and resurgent forms of social life. This collective practice of remaking of the world used the self-destructive tactic of a hunger strike to (...) weaponize their bodies and their lives against the weaponized architecture of solitary confinement. But it also developed less spectacular, everyday practices of communication, self-expression, and community-building within a system that is designed to suppress these practices. By collectively refusing food, and by articulating the meaning and motivation of this refusal in articles, interviews, artwork, and legal documents, prisoners at Pelican Bay reclaimed and expanded their perceptual, cognitive, and expressive capacities for world-making, even in a space of systematic torture. (shrink)

In a profile in the November, 2012 issue of the magazine Architect, activist-architect Raphael Sperry, a founder of the group Architects Planners & Designers for Social Responsibility discussed his petition to amend the AIA’s Code of Ethics and Professional Conduct to include a prohibition on “the design of spaces intended for long-term solitary isolation and execution.”1 This issue is both serious and timely. It deserves contemplative attention before any action is taken. The purpose of this letter is to provide (...) the the architecture profession a condensed analysis of the possible justification for taking the action Mr. Sperry advocates. After review and consideration, we are persuaded that Mr. Sperry’s proposal does merit action by the AIA. (shrink)

A nonlinear partial differential equation is derived which admits plane solitary waves on a conformally flat Riemannian space-time. The metric is determined by the amplitude of these waves. By interpreting these solitary waves as particles we arrive at the following picture: these particles are confined to regions exhibiting singular (very large) amplitudes in an otherwise continuous wavetrain. There is, thus, no distinction between the notion of a particle and that of a wave.

In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy of psychological jurisprudence. The authors present a controversial thesis that demonstrates how the forces of captivity and risk management are sustained by several interdependent "conditions of control." These conditions impose barriers to justice and set limits on citizenship for one and all. Situated at the nexus of political/social theory, mental health law and jurisprudential ethics, (...) the book examines and critiques constructs such as offenders and victims; self and society; therapeutic and restorative; health; harm; and community. So, too, are three "total confinement" case law data sets on which this analysis is based. The volume stands alone in its efforts to systematically "diagnose" the moral reasoning lodged within prevailing judicial opinions that sustain captivity and risk management practices impacting: (1) the rights of juveniles found competent to stand criminal trial, the mentally ill placed in long-term disciplinary isolation, and sex offenders subjected to civil detention and community re-entry monitoring; (2) the often unmet needs of victims; and (3) the demands of an ordered society. Carefully balancing sophisticated insights with concrete and cutting-edge applications, the book concludes with a series of provocative, yet practical, recommendations for future research and meaningful reform within institutional practice, programming, and policy. (shrink)

Prisoners involved in the Attica rebellion and in the recent Georgia prison strike have protested their dehumanizing treatment as animals and as slaves. Their critique is crucial for tracing the connections between slavery, abolition, the racialization of crime, and the reinscription of racialized slavery within the US prison system. I argue that, in addition to the dehumanization of prisoners, inmates are further de-animalized when they are held in conditions of intensive confinement such as prolonged solitude or chronic overcrowding. To (...) be de-animalized is to be treated not as a living being who is sustained by its mutual relations with other living and nonliving beings, but rather as a thing to be warehoused and/or exchanged for a profit. The violence of de-animalization affects both human and nonhuman animals held in control prisons, factory farms, laboratories and other sites of intensive confinement. In order to make the connections between these sites, and to develop forms of solidarity appropriate to our shared animality, we need a post-humanist critique of intensive confinement that breaks with the logic of opposition between human and animal, and articulates our constitutive relationality as (inter)corporeal beings. (shrink)

Prison as a Torturous Institution Philosophers working on torture have largely failed to address the widespread use of torture in the U.S. prison system. Drawing on a victim-focused definition of torture, I argue that the U.S. prison system is a torturous institution in which direct torture occurs (the use of solitary confinement) and in which torture is allowed to occur through the toleration of sexual assault of inmates and the conditions of mass incarceration. The use and toleration of (...) torture expresses and reinforces the moral exclusion of those subjected to it, particularly African Americans. Importantly, this moral exclusion and the experience of torture may be created and reinforced through institutional practices independently of the intentions of individuals acting within those institutions. By prioritizing torture victims’ experiences and severing the link between torture and intention, my account forces a recognition that, far from being inconsistent with U.S. values, torture is deeply embedded within U.S. institutions. (shrink)

As several scholars have argued, far from being antithetical to American values, the torture of nonwhite peoples has long been a method through which the United States has enforced (at home and abroad) a conception of what I will call “white moral citizenship." What is missing from this literature, however, is an exploration of the role that the erasure of torture, and the political and public narratives that are used to justify torture, plays in this function. -/- As I will (...) demonstrate in this article, the erasure of American torture takes at least three different but mutually reinforcing forms: erasure of the fact of torture, erasure of the experience of torture, and erasure of the victims of torture. Erasure of the fact of torture occurs when lack of education and public discussion creates widespread ignorance about the history of torture in America, as has occurred in relation to the post-9/11 torture program. Erasure of the experience of torture occurs when victims’ experiences of extreme suffering, and practices or institutions that inflict extreme suffering (such as solitary confinement), are not acknowledged as forms of torture. Erasure of the victims of torture occurs when victims are treated with indifference and even contempt, even when what they suffered is acknowledged to be torture, and their perspectives and experiences are dismissed, minimized, or ignored. -/- As I shall argue, both the use of the torture and the forms of erasure described above are essential components in the ongoing enforcement of the normative boundaries of American white moral citizenship and the myth of American exceptionalism and civilization. The repeating pattern of the use and erasure of torture leads to the ongoing toleration of practices that constitute torture and that overwhelmingly impact people of color. Until this pattern of justification and erasure is recognized and confronted, torture will continue to be embedded within American culture and institutions. (shrink)

The Coming Home Project of the Snowflower Sangha in Madison, Wisconsin is an active member of MOSES, a nonpartisan interfaith organization that works to promote systemic change for social justice issues with a focus on mass incarceration and ending the use of solitary confinement in the state's prisons and jails. To support these efforts, and to restore dignity and safety to the entire community, CHP members work to make Wisconsin's sentencing rules and laws more just and humane, increase (...) treatment alternatives to incarceration, stop crimeless revocations back to prison, and remove barriers to employment for previously incarcerated individuals returning to their communities. (shrink)

The Self and its Disorders develops a philosophical and interdisciplinary approach to the formulation of an “integrative” perspective in psychiatry. In contrast to some integrative approaches that focus on narrow brain-based conceptions, or strictly on symptomology, this book takes its bearings from embodied and enactive conceptions of human experience and builds on a perspective that understands self as a self-pattern—a pattern of processes that include bodily, experiential, affective, cognitive-psychological, reflective, narrative, intersubjective, ecological, and normative factors. It provides a philosophical analysis (...) of the notion of self-pattern, framed in terms of dynamical organization. It then draws on phenomenological, developmental, clinical, and experimental evidence to propose a method for studying the effects of psychopathologies on the self-pattern, and includes discussions of network theory, predictive processing models, and the role of narrative. This book explores the hypothesis that psychiatric disorders are self-disorders, and includes specific discussions of schizophrenia, anxiety disorders, depression, borderline personality disorder, obsessive compulsive disorder and autism spectrum disorder, as well as traumatic effects of torture and solitary confinement. Other topics include diagnostic classification, symptom overlap, and transdiagnostic complexity. Several chapters explore a variety of philosophical issues that relate to therapeutic approaches, including deep brain stimulation, meditation-based interventions, and the use of artificial intelligence and virtual reality. (shrink)

ABSTRACT Prisons intersect with violence in multiple ways. In addition to holding people convicted of violent harms while also inflicting violence on those inside (including staff), they enact violence on the basic ability to be human by continually severing the kinds of personal relationships that define what it means to be human, such as through solitary confinement and the severe limitations placed by prisons on personal relationships between prisoners and people on the outside. This article questions the distinction (...) between “violent offenders” and “nonviolent offenders,” suggests that the entire criminal legal system itself enacts exorbitant violence, and asks how people leaving prison are supposed to be able to recover their humanity by relearning how to form meaningful and committed relationships, after living for years in a place that denies them that right. (shrink)

Theory of Mind (ToM) is the cognitive achievement that enables us to report our propositional attitudes, to attribute such attitudes to others, and to use such postulated or observed mental states in the prediction and explanation of behavior. Most normally developing children acquire ToM between the ages of 3 and 5 years, but serious delays beyond this chronological and mental age have been observed in children with autism, as well as in those with severe sensory impairments. We examine data from (...) studies of ToM in normally developing children and those with deafness, blindness, autism and Williams syndrome, as well as data from lower primates, in a search for answers to key theoretical questions concerning the origins, nature and representation of knowledge about the mind. In answer to these, we offer a framework according to which ToM is jointly dependent upon language and social experience, and is produced by a conjunction of language acquisition with children's growing social understanding, acquired through conversation and interaction with others. We argue that adequate language and adequate social skills are jointly causally sufficient, and individually causally necessary, for producing ToM. Thus our account supports a social developmental theory of the genesis of human cognition, inspired by the work of Sellars and Vygotsky. How are we to decide whether to take reason to be an essentially private thing that can, however, turn on a public display when it chooses to do so, or, like conversing, to be an essentially social skill, which can, however, be retained a while through periods of solitary confinement? (Annette Baier, The Commons of the Mind, p. 5). The squirrel does not infer by induction that it is going to need stores next winter as well (Wittgenstein, On Certainty§ 287). The problem of thought and language thus extends beyond the limits of natural science and becomes the focal problem of historical human psychology, i.e. of social psychology. Consequently, it must be posed in a different way (Vygotsky, Thought and Language, p. 51). From the very first days of the child's development his activities acquire a meaning of their own in a system of social behaviour and, being directed towards a definite purpose, are refracted through the prism of the child's environment. The path from object to child and from child to object passes through another person. This complex human structure is the product of a developmental process deeply rooted in the links between individual and social history (Vygotsky, Mind in Society, p. 30). (shrink)

Human rights debates neglect social rights. This paper defends one fundamentally important, but largely unacknowledged social human right. The right is both a condition for and a constitutive part of a minimally decent human life. Indeed, protection of this right is necessary to secure many less controversial human rights. The right in question is the human right against social deprivation. In this context, ‘social deprivation’ refers not to poverty, but to genuine, interpersonal, social deprivation as a persisting lack of minimally (...) adequate opportunities for decent human contact and social inclusion. Such deprivation is endured not only in arenas of institutional segregation by prisoners and patients held in long-term solitary confinement and quarantine, but also by persons who suffer less organised forms of persistent social deprivation. The human right against social deprivation can be fleshed out both as a civil and political right and as a socio-economic right. The defence for it faces objections familiar to human rights theory such as undue burdensomeness, unclaimability, and infeasibility, as well as some less familiar objections such as illiberality, intolerability, and ideals of the family. All of these objections can be answered. (shrink)

We are happy to feature four invited submissions by Lisa Guenther, Kym Maclaren, Bonnie Mann, and Gayle Salamon, all of whom respond to the questions motivating our inaugural issue. Both Salamon and Maclaren offer a response to the question “What is critical phenomenology?” by exploring the productive relationship between critical theory and phenomenology. Salamon does this by tracing the history of the term critical phenomenology. Maclaren further explores the productive relationship between critical theory and phenomenology en route to her analysis (...) of intimacy. Focusing on the phenomena of shame and long-term solitary confinement, Mann and Guenther take up that question by performing the work of critical phenomenology. Mann also offers suggestions regarding critical or, as she calls it, feminist phenomenology’s relation to the tradition—both of classical phenomenology and feminist philosophy. Guenther shows how the work of critical phenomenology is already at play in the practices of resistance among prisoners in the Security Housing Unit of Pelican Bay State Prison in California. (shrink)

Violence has become a prominent topic in recent phenomenological investigations. In this paper, I wish to contribute to this ongoing discourse by looking at violence in a literal sense as violation of experiential structures, insofar as it is intentionally, purposefully, and strategically imposed on a subject by another agent. Phenomenology provides the descriptive methodology for elucidating such structures. The violation can take the form of a radicalization, in which one of the aspects of polar experiential spectra becomes predominant, i.e. the (...) balance between them is shifted to one extreme. I focus on the relationship between self and other on the one hand, and the relationship between body-as-subject and body-as-object on the other, as prominent topoi in the phenomenological literature. With regard to torture and solitary confinement as forms of extreme violence, I analyze how these structures are disturbed. (shrink)

I have experienced the tribulations of fate.Victories and defeats, revolutions and restorations.Inflations and deflations, bombings,Defamations, broken regimes and broken pipes,Hunger and cold, internment and solitary confinement.Through it all I have passed,And through me it all has passed.I am acquainted with the abundant varieties of terror,The terror from above and the terror from below,Terror on the land and terror from the air,Terror legal and extra-legal,Brown, red and checkered terror,And worst of all, the terror none dares to name.I am acquainted (...) with them all and know their grip. (shrink)

This article challenges the use of social deprivation as a punishment, and offers a preliminary examination of the human rights implications of exile and solitary confinement. The article considers whether a human right against coercive social deprivation is conceptually redundant, as there are recognised rights against torture, extremely cruel, inhumane, or degrading treatment as well as rights to basic health care, education, and security, which might encompass what this right protects. The article argues that the right is not (...) conceptually redundant, but that, even if it were, there would be significant reasons to articulate it. (shrink)

Recent developments in neuroscience and social science are illuminating the critical importance of regret in human choices, including criminal decision making. After differentiating regret from related emotions, I argue that regret can prompt desistance from crime and that regret avoidance is a powerful mechanism of conformity. I then turn to American and European penal history to demonstrate that the invention of the prison was premised on the notion that solitary confinement could inculcate regret in prisoners and thereby change (...) them profoundly. The place of regret in both historical and emerging thinking about human choice underscores its importance for understanding the connections between emotions and criminality. (shrink)

Roughly 80,000 U.S. prisoners are held in solitary confinement at any given time. A significant body of research shows that solitary confinement has severe, long-term effects, and the United Nations has condemned the practice of solitary confinement as torture. For years, prisoners have been organizing hunger strikes in order to protest solitary confinement. But such action is not without consequences, and some inmates have suffered serious injury or death. The question I raise (...) in this paper is whether we ought to force-feed hunger striking prisoners when serious harm is imminent. Both the World Medical Association and the American Medical Association have denounced the practice of force-feeding prisoners on hunger strike, and yet, the practice is common. Such prevalence is likely a result of the tension between the person-as-patient and person-as-prisoner and cannot easily be resolved. Instead, we must take seriously the complaint that solitary confinement is inhumane and avoid placing health professionals in the position where they must choose to force-feed the prisoner against his will or not. I argue that a conventional bioethics debate centering on polarizing principles of prisoner autonomy and a duty-to-protect the prisoner from harm is an inadequate framework for this complex issue. Instead, we must examine the prisoner’s intent and his right to freedom of speech. I argue that when the prisoner’s intent is to raise awareness and communicate with others, his hunger strike is a form of speech. Protest-as-speech is constitutionally protected—even for prisoners—and remains a minimum ethical obligation for society to uphold. (shrink)

I shall argue that advocates of denunciatory forms of expressivism can make a good case for restricting the range of measures that can be an appropriate form of punishment. They can do so by focusing not on the conditions of uptake of the message conveyed by punishment, but by the content of that message. For it is plausible that part of that message should be that the offender is a responsible agent and a member of the political community. Forms of (...) punishment which do not treat the offender as such are, for that reason unacceptable. Among the forms of punishment which are thereby ruled out are the extended use of solitary confinement, since this undermines the capacity for moral agency – and permanent felon disenfranchisement. -/- I also address two objections to this line of argument. One focuses on penal practices involving those who are not members of the political community: resident aliens and minors. These two cases raise different issues, but they both appear to show that justifiable punishment does not need to communicate a message which has components affirming agency and membership of a political community. I argue that in both cases the justifiability of punishment piggy-backs on the kind of justification available in the standard case. A second objection suggests that the offender has excluded themselves from the political community, and that measures that recognize this are therefore acceptable: I argue that very few offences, if any, have this character. ---. (shrink)

Should the law recognize an elephant’s right to be released from solitary confinement? The New York State Court of Appeals—the highest court in the State of New York—will consider this question on May 18. At issue is an Asian elephant named Happy. But happy she is not. Every human being has a right to bodily liberty because they have strong interests that this right protects. Since Happy has the same strong interests, the Court should recognize Happy’s right to (...) be freed from solitary confinement. (shrink)

From a young age Albie Sachs played a prominent part in the struggle for justice in South Africa. As a result he was detained in solitary confinement, tortured by sleep deprivation and eventually blown up by a car bomb which cost him his right arm and the sight of an eye. His experiences provoked an outpouring of creative thought on the role of law as a protector of human dignity in the modern world, and a lifelong commitment to (...) seeing a new era of justice established in South Africa. After playing an important role in drafting South Africa's post-apartheid Constitution, he was appointed by Nelson Mandela to be a member of the country's first Constitutional Court. Over the course of his fifteen year term on the Court he has grappled with the major issues confronting modern South Africa, and the challenges posed to the fledgling democracy as it sought to overcome the injustices of the apartheid regime. As his term on the Court approaches its end, Sachs here conveys in intimate fashion what it has been like to be a judge in these unique circumstances, how his extraordinary life has influenced his approach to the cases before him, and his views on the nature of justice and its achievement through law. The book provides unique access to an insider's perspective on modern South Africa, and a rare glimpse into the working of a judicial mind. By juxtaposing life experiences and extracts from judgments, Sachs enables the reader to see the complex and surprising ways in which legal culture transforms subjective experience into objectively reasoned decisions. With rare candour he tells of the difficulties he has when preparing a judgment, of how every judgment is a lie. Rejecting purely formal notions of the judicial role he shows how both reason and passion are required for law to work in the service of justice. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Decade of Teaching Classics in a Massachusetts Prison CHARLES ROWAN BEYE From 1972 until 1982, I volunteered as a teacher in a degree-granting program of liberal arts at the college level in Norfolk State Prison, a medium security prison in Walpole, Massachusetts. Medium security means that the men were not confined to their cells except when there were routine security checks, such as taking attendance which occurred several (...) times a day, or at night when there was a lights-out policy, or whenever the surveillance system of the prison went on alarm. Other than that, the men could work in various shops, or in the prison garden, or, among other things, they could take classes. The men who were incarcerated at Norfolk had been determined not to pose too great a threat to the other inmates, nor to be liable to try to break out in escape attempts that would damage others; the more intractable men were in the maximum security prison down the road, confined to their cells. There had always been shop classes or other kinds of instruction which would train the men into skilled manual labor. I taught in a program that was radically different. It was the dream of an extraordinary woman named Elizabeth Barker who was an old fashioned lefty, a woman of the old money Brahmin class of Boston society, who like so many of her kind had no money any longer, the only indication of her social status being a marbles-in-the-mouth accent, an indifference to money, clothing styles, social distinction, and an arrogance that made her assume that the rest of the world hung on her every word. She was the soul of kindness and generosity, one of the few persons I have met who deserved the accolade of a “true Christian,” although she was insisarion 26.3 winter 2019 tent upon proclaiming her militant atheism. She was also a tremendous bore. I once had the misfortune to drive her back from the prison to Boston. Talking incessantly, in a kind of monotone, relentlessly insisting upon a position that I had agreed with when we started the drive, it was all I could do after a half hour to keep from reaching over, opening the door, and pushing her out. But, God love her, she performed a miracle at Norfolk. Mrs. Barker subscribed to a belief that I soon adopted once I started teaching in her program which was that all people, apart from outright psychopaths, are redeemable, that a teaching relationship offers compassion, instruction, and most of all, a belief in the student, that in itself redeems the student, in this case, the prisoner, from self-hatred, lack of esteem or purpose, and general despair. Conventionally, prisons are run on a mixture of punishment and rehabilitation. At the crudest level you have the concept of solitary confinement, then there is the idea of “at hard labor” where prisoners spend their days breaking rocks under supervision, or as in England at the turn of the century, spending the entire day walking endlessly up a revolving drum with stairs. The lightest so-called punishment is simply the fact of incarceration. The theory is that if you are confined to a prison for so many months, years, the horror of this endurance makes you into a better person because you have had time to realize that you don’t want this to happen again. Relatives of a criminal’s victims are often on hand at parole board hearings because they want the sentence to go on longer, for the prisoner to “suffer more.” Rehabilitation, on the other hand, usually involves teaching skills, on the most basic level, reading and writing, then woodworking, metal work, car repair, on the theory that many males commit crimes because they have no legitimate way to earn money in our economy. Mrs. Barker saw a higher kind of rehabilitation that led into her notion of redemption. The liberal arts, art, music, literature, philosophy, science were in her mind the nourishment of the soul without which no one can truly be said to live. The idea, as you can imag2 a decade of teaching classics in... (shrink)

Supermaxes are technologically advanced prisons designed to keep individuals in long-term solitary confinement, structurally eliminating all physical, human contact for months, years, and sometimes decades at a time. Supermax designers and prison administrators explain that supermax prisons contain “the worst of the worst prisoners”—those too violent and dangerous to live in a general prison population. This article explores and challenges the legally and publicly accepted idea that supermaxes control violence. Drawing on interviews with and the writings of former (...) supermax prisoners, I document the often-invisible ways supermax prisoners experience violence. I argue supermaxes should be viewed not just as tools of violence control, but as tools of violence production. Supermaxes are a novel and uniquely modern form of state violence, and their legal and ethical implications should be reconsidered. (shrink)

Supermaxes are technologically advanced prisons designed to keep individuals in long-term solitary confinement, structurally eliminating all physical, human contact for months, years, and sometimes decades at a time. Supermax designers and prison administrators explain that supermax prisons contain “the worst of the worst prisoners”—those too violent and dangerous to live in a general prison population. This article explores and challenges the legally and publicly accepted idea that supermaxes control violence. Drawing on interviews with and the writings of former (...) supermax prisoners, I document the often-invisible ways supermax prisoners experience violence. I argue supermaxes should be viewed not just as tools of violence control, but as tools of violence production. Supermaxes are a novel and uniquely modern form of state violence, and their legal and ethical implications should be reconsidered. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 11.4 (2001) 391-400 [Access article in PDF] Bioethics Inside the Beltway A Shooting on Capitol Hill: "The Ruby Satellite System," Mental Illness, and Failure of the American Legal System Peter J. Cohen On 24 July 1998, Russell Eugene Weston, Jr., stormed the United States Capitol, forced his way through a security checkpoint, bypassed a metal detector, and entered the office complex of Representative Tom (...) DeLay (R-TX), the House Majority Whip (Weil 1998). During this period of terror, he shot and killed two officers of the Capitol Police and seriously wounded another as they attempted to end his foray. 1 Weston was severely wounded by several Capital police officers and taken into custody. After being treated for his injuries, he was incarcerated in the District of Columbia. 2On 5 May 1999, Weston was transferred to the Federal Correctional Institute in Butner, North Carolina (United States v. Weston, 69 F. Supp. 2d 99 (D.D.C. 1999), 103), where he remains to this day. He has neither been brought to trial nor received appropriate psychiatric therapy, but continues to be warehoused "in solitary confinement under constant observation... in a psychotic state (United States v. Weston, 255 F.3d 873; LEXIS 16851 (U.S. App. 2001b), 3-4 [LEXIS]). I will briefly detail the legal events responsible for this mad situation and suggest alternative actions that should have been taken at the very onset of the case. Early Chronology Although overtly the crime appeared to be senseless and without any conceivable motivation, Weston believed that his acts were justified and necessary. The story he told to the court-appointed forensic psychiatrist, Sally C. Johnson, M.D., 3 was that while working for NASA in the early 1980s, he had developed a "Ruby Satellite System," a powerful machine that could reverse time. With access to this system, nothing was permanent--the user could simply reverse time and exit from the current scene. However, the "System" was now controlled by cannibals who were developing and spreading "Black Heva," the deadliest disease known to [End Page 391] humankind, similar to HIV or the plague. It resulted from human corpses rotting and turning black. Time was running out, and Weston believed he had to return to override the "Ruby Satellite System" in the Capitol so that he could stem the spread of "Black Heva" and prevent world calamity. He believed that if he were tried, convicted, and even executed, he could simply time reverse himself, place himself in a safe within the Capitol, and subsequently resume his life at whatever point he chose (United States v. Weston, 206 F.3d 9 (D.C. Cir. 2000), 19-20).On 22 April 1999, the district court accepted Dr. Johnson's diagnosis that Weston suffered from paranoid schizophrenia, the symptoms of which were so severe that he would be incapable of understanding the proceedings against him and of assisting in his own defense. On this basis, the court had no difficulty in finding him incompetent to stand trial (U.S. v. Weston 1999, 102).At Weston's initial hearing, Dr. Johnson had testified that medication would be efficacious in treating Weston's delusions: [T]he standard of care in someone suffering from this type of symptom picture would be to treat them with medication.... [T]here is a good likelihood that he'll have a positive response, positive in the sense that his symptoms will diminish in response to treatment.... The potential benefits to treating the defendant far outweigh the risks.... (U.S. v. Weston 1999, 108) The defense presented no expert testimony refuting Dr. Johnson's presentation. The district court then ordered that Weston begin receiving medication in order to render him nondangerous and competent for trial (U.S. v. Weston 1999, 108-9). The Problem Weston refused to be medicated! 4 He has continued to claim that the administration of antipsychotic drugs against his will would violate his Fifth Amendment due process liberty interest in avoiding unwanted bodily intrusion and implicated... (shrink)

This book brings into sharp relief the extent to which the medical profession has enabled or participated in actions that are at moral crossroads. Physical and psychological abuse and violations of medical codes have already been brought to light by concerned bioethicists responding to ethical lapses of the “war on terror.” This book goes to the next level by looking at three areas that also merit our attention and call us to speak out against abuses. These are dehumanization, non-consensual forced-feeding, (...) and solitary confinement. Each area raises important questions for the medical profession. Author Wanda Teays calls upon doctors and nurses to reflect on the role they play in the unethical treatment of prisoners and detainees by crossing moral boundaries around each of these areas. In the process, we are reminded that bioethics is global, not local — and the concerns of the discipline encompass issues with a wider scope. (shrink)

Philosophers, legal scholars, criminologists, psychiatrists and psychologists have long asked important questions about punishment: What is its purpose? What theories helps us better understand its nature? Is punishment just? Are there effective alternatives to punishment? How can empirical data from the sciences help us better understand punishment? What are the relationships between punishment and our biology, psychology and social environment? How is punishment understood and administered differently in different societies? The Routledge Handbook of the Philosophy and Science of Punishment is (...) the first major reference work to address these and other important questions in detail, offering 31 chapters from an international and interdisciplinary team of experts, in a single, comprehensive volume. It covers the major theoretical approaches to punishment and its alternatives, emerging research from biology, psychology, and social neuroscience, and important special issues like the side-effects of punishment and solitary confinement, racism and stigmatization, the risk and protective factors for antisocial behavior, and victims' rights and needs. The Handbook is conveniently organized into four sections: I. Theories of Punishment and Contemporary Perspectives II. Philosophical Perspectives on Punishment III. Sciences, Prevention and Punishment IV. Alternatives to Current Punishment Practices A volume Introduction and a comprehensive index help make The Routledge Handbook of the Philosophy and Science of Punishment essential reading for upper-undergraduate and postgraduate students in disciplines such as philosophy, law, criminology, psychology and forensic psychiatry, and highly relevant to a variety of other disciplines such as political and social sciences, behavioral and neurosciences, and global studies. It is also an ideal resource for anyone interested in current theories, research, and programs dealing with the problem of punishment. (shrink)

Theory of Mind is the cognitive achievement that enables us to report our propositional attitudes, to attribute such attitudes to others, and to use such postulated or observed mental states in the prediction and explanation of behavior. Most normally developing children acquire ToM between the ages of 3 and 5 years, but serious delays beyond this chronological and mental age have been observed in children with autism, as well as in those with severe sensory impairments. We examine data from studies (...) of ToM in normally developing children and those with deafness, blindness, autism and Williams syndrome, as well as data from lower primates, in a search for answers to key theoretical questions concerning the origins, nature and representation of knowledge about the mind. In answer to these, we offer a framework according to which ToM is jointly dependent upon language and social experience, and is produced by a conjunction of language acquisition with children's growing social understanding, acquired through conversation and interaction with others. We argue that adequate language and adequate social skills are jointly causally sufficient, and individually causally necessary, for producing ToM. Thus our account supports a social developmental theory of the genesis of human cognition, inspired by the work of Sellars and Vygotsky.How are we to decide whether to take reason to be an essentially private thing that can, however, turn on a public display when it chooses to do so, or, like conversing, to be an essentially social skill, which can, however, be retained a while through periods of solitary confinement? .The squirrel does not infer by induction that it is going to need stores next winter as well .The problem of thought and language thus extends beyond the limits of natural science and becomes the focal problem of historical human psychology, i.e. of social psychology. Consequently, it must be posed in a different way .From the very first days of the child's development his activities acquire a meaning of their own in a system of social behaviour and, being directed towards a definite purpose, are refracted through the prism of the child's environment. The path from object to child and from child to object passes through another person. This complex human structure is the product of a developmental process deeply rooted in the links between individual and social history. (shrink)

We face an epistemic problem in competently judging some types of experience. The problem arises when an experience either defies our efforts to assess its quality, such as a traumatic event, or compromises our abilities to assess quality in general, such as starvation. In the latter type of case, the competent judge problem is actually a paradox since the experience undermines our competence to judge at the same time that it gives us competence to judge it against other experiences. The (...) problem is pressing because it arises for experiences at the more extreme ends of the spectrum, which are precisely the experiences we most want to judge competently. It also has implications for how we approach some practical ethical problems, such as solitary confinement. The paper explores a range of cases and explains why efforts to escape the competent judge problem may prove fruitless. (shrink)

There seems to have been a time at which sentient beings have not escaped from the dungeon of individuality. In the East, liberation was elaborated into a fine art, but it may be doubted whether more people may not have made their escape from solitary confinement outside the organized religions than by means of them. In the West reintegration was sporadic but in recent years it has become a widespread preoccupation. Unfortunately its technical dependence on oriental literature- sometimes (...) translated by scholars whose knowledge of the language was greater than their understanding of the subject-has proved a barrier which rendered full comprehension laborious and exceedingly long. There it appears to be essential that such teaching as may be transmissible shall be given in modern idiom and in accordance with out own processes of thought. Enlightenment and the Extinction of 'Me' It: On Realizing the Mind This Phenomenal Absence Potential Reality Potential Being Seeking the Seeker. (shrink)

"Do the Crime, Do the Time," is a commonplace formula for the meaning of incarceration. But time is precisely what a person is prevented from doing under conditions of incarceration. The prison regime becomes increasingly inhuman as time is displaced, represented in the extreme manifestation of solitary confinement, where all meaning of time is purged to the point that "the box" in New York houses 4.4 percent of inmates and accounts for 31.6 percent of suicides as reported in (...) 2001. (shrink)

In this comment on Jonathan Glover's Alien Landscapes? I'll focus on two issues: social cognition in autism, and delusions; and I'll introduce a new topic – solitary confinement – as a supplement to Glover's far-ranging analyses.

Jung Chang [Zhang Rong], the author of Wild Swans, comes from an entirely different generation than Wu Ningkun. The "offspring of a high-ranking cadre," she was born and grew up under the red flag. While Wu Ningkun was languishing in a "cowshed" [place in one's own work unit where one was usually kept in solitary confinement and made to write out confessions of so-called crimes during the Cultural Revolution—Trans.] and accused of being a "devil and demon," 14-year-old Jung (...) Chang came from her native Chengdu to Beijing—the "center of world revolution"—as a Red Guard, to be reviewed by the Great Leader. As the Cultural Revolution grew in ferocity, her father was accused of being a counterrevolutionary for having supported Tao Zhu and was sent to a mountainous area to be reformed through labor. And so, Jung Chang lost the privileged life she had led and began her "travails." She was first sent to work in a rural production brigade, and then to serve as a barefoot doctor in a Tibetan village at the foot of the Himalayas. (shrink)

While political and ethical philosophers today are familiar with critiques of confinement in both critical prison studies and critical animal studies, The Ethics of Captivity is unusual in that it brings these critiques of incarceration together, bridging human and nonhuman animal liberation movements. While Lisa Guenther’s recent book, Solitary Confinement: Social Death and Its Afterlives, also critiques the mass incarceration of both human and nonhuman animals, it is far more common to see human and animal liberation movements (...) opposed on this issue, as when the incarceration of humans is deplored for treating those individuals like animals. As Guenther argues, however, this humanistic language is... (shrink)

Motivated by a conviction that mass incarceration and state execution are among the most important ethical and political problems of our time, the contributors to this volume come together from a diverse range of backgrounds to analyze, critique, and envision alternatives to the injustices of the U.S. prison system, with recourse to deconstruction, phenomenology, critical race theory, feminism, queer theory, and disability studies. They engage with the hyper-incarceration of people of color, the incomplete abolition of slavery, the exploitation of prisoners (...) as workers and as "raw material" for the prison industrial complex, the intensive confinement of prisoners in supermax units, and the complexities of capital punishment in an age of abolition. -/- Contents -/- Introduction: Death and Other Penalties Geoffrey Adelsberg, Lisa Guenther, and Scott Zeman -/- Part I. Legacies of Slavery -/- Excavating the Sedimentations of Slavery: The Unfinished Project of American Abolition Brady Heiner -/- From Commodity Fetishism to Prison Fetishism: Slavery, Convict-leasing, and the Ideological Productions of Incarceration James Manos -/- Maroon Philosophy: An Interview with Russell Maroon Shoatz Russell Maroon Shoatz -/- Part II. Death Penalties -/- In Reality-from the Row Derrick Quintero -/- Inheritances of the Death Penalty: American Racism and Derrida's Theologico-Political Sovereignty Geoffrey Adelsberg -/- Making Death a Penalty: Or, Making "Good" Death a "Good" Penalty Kelly Oliver -/- Death Penalty Abolition in Neoliberal Times: The SAFE California Act and the Nexus of Savings and Security Andrew Dilts -/- On the Inviolability of Human Life Julia Kristeva (translated by Lisa Walsh) -/- Part III. Rethinking Power and Responsibility -/- Punishment, Desert, and Equality: A Levinasian Analysis Benjamin S. Yost -/- Prisons and Palliative Politics Ami Harbin -/- Sovereignty, Community, and the Incarceration of Immigrants Matt S. Whitt -/- Without the Right to Exist: Mass Incarceration and National Security Andrea Smith -/- Prison Abolition and a Culture of Sexual Difference Sarah Tyson -/- Part IV. Isolation and Resistance -/- Statement on Solitary Confinement Abu Ali Abdur'Rahman -/- The Violence of the Supermax: Toward a Phenomenological Aesthetics of Prison Space Adrian Switzer -/- Prison and the Subject of Resistance: A Levinasian Inquiry Shokoufeh Sakhi -/- Critical Theory, Queer Resistance, and the Ends of Capture Liat Ben-Moshe, Che Gossett, Nick Mitchell, and Eric A. Stanley. (shrink)

After reviewing the use of isolation in US prisons and public restrooms to confine transgender people in solitary cells and single‐occupancy bathrooms, I propose an explanatory theory of eliminative space. I argue that prisons and toilets are eliminative spaces: that is, spaces of waste management that use layers of isolation to sanctify social or individual waste, at the outer and inner limits of society. As such, they function according to an eliminative logic. Eliminative logic, as I develop it, involves (...) three distinct but interrelated mechanisms: 1) purification of the social center, through 2) iterative segregation, presuming and enforcing 3) the reduced relationality of marginal persons. By evaluating the historical development and contemporary function of prisons and restrooms, I demonstrate that both seek to protect the gender binary through waves of segregation by sex, race, disability, and gender identity. I further argue that both assume the thin relationality of, in this case, transgender people, who are conceived of as impervious to the effects of isolation and thus always already isolable. I conclude that, if we are to counter the violence of these isolation practices, we not only need to think holistically about eliminative spaces and logic, but also to richly reconceptualize relationality. (shrink)

It is shown that classical Dirac fields with the same couplings obey the Pauli exclusion principle in the following sense: If at a certain time two Dirac fields are in different states, they can never reach the same one. This is geometrically interpreted as analogous to the impossibility of crossing of trajectories in the phase space of a dynamical system. An application is made to a model in which extended particles are represented as solitary waves of a set of (...) several fundamental, confined nonlinear Dirac fields, with the result that the same mechanism accounts both for fermion and boson behaviors. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 27.1 (2003) 80-97 [Access article in PDF] Literary Truth as Dreamlike Expression in Foucault's and Borges's "Chinese Encyclopedia" Robert Wicks ALTHOUGH THE TOPIC REMAINS MOSTLY unexplored, Michel Foucault had an aesthetic and intellectual attraction towards writers and artists in the Spanish-speaking tradition. For example, at the conclusion of his Histoire de la folie (Madness and Civilization, 1961)—a book which brought him extensive intellectual recognition in France—Foucault (...) drew his readers' attention to José de Goya y Lucientes's (1746-1828) well-known etching, El Sueño de la Razón Produce Monstruos (The Sleep of Reason Brings Forth Monsters, Plate 43 of Los Caprichos, 1797). In Foucault's estimation, by revealing a "night which is doubtless that of classical unreason," Goya's work represented a socially removed condition within which people encounter "what is most solitary" and experience what is "deepest" within themselves. With his reference to Goya's imagery, Foucault illustrated a major theme of his history of madness, namely, how people referred to as "mentally ill" experienced a gradual, physical exclusion from participation in public society, and how they were eventually isolated in a more frightening way: within their physical confinement, they were subject to techniques of psychological and spiritual alienation that reduced them to a condition of utter solitude.In a comparable, if not more central manner, Foucault used as thematic motifs for the preface, first and second chapters of a book for which he is widely known, Les Mots et les choses (The Order of Things, 1966), the work of three major writers and artists from the Spanish-speaking world: Jorges Luis Borges (1899-1986), Diego Velázquez (1599-1660), and Miguel de Cervantes (1547-1616). Among these references, the most popular is probably Foucault's discussion of [End Page 80] Velázquez's Las Meninas—a painting which captured Foucault's interest as a perfect exemplar of its time period—and which inspired him to devote the entire first chapter of his book to decoding the mechanics of its perspectival arrangement. And within the community of those who read, write and discuss the interrelationship between Foucault's thought, literary theory and the contemporary emphasis upon the multivocal quality of textual meaning, Foucault's citation of an excerpt from a short story by Borges—the subject of this essay—is also familiar. Foucault introduced his 1966 book, The Order of Things, with the following words: This book first arose out of a passage in Borges, out of the laughter that shattered, as I read the passage, all the familiar landmarks of my thought—our thought, the thought that bears the stamp of our age and our geography—breaking up all the ordered surfaces and all the planes with which we are accustomed to tame the wild profusion of existing things, and continuing long afterwards to disturb and threaten with collapse our age-old distinction between the Same and the Other. This passage quotes a "certain Chinese encyclopedia" in which it is written that "animals are divided into: (a) belonging to the Emperor, (b) embalmed, (c) tame, (d) suckling pigs, (e) sirens, (f) fabulous, (g) stray dogs, (h) included in the present classification, (i) frenzied, (j) innumerable, (k) drawn with a very fine camelhair brush, (l) et cetera, (m) having just broken the water pitcher, (n) that from a long way off look like flies." In the wonderment of this taxonomy, the thing we apprehend in one great leap, the thing that, by means of the fable, is demonstrated as the exotic charm of another system of thought, is the limitation of our own, the stark impossibility of thinking that. 1The short story from which Foucault extracted the above, quasi-cubistic, excerpt was published in Borges's 1952 collection, Otras Inquisiciones (Other Inquisitions), and is entitled, "The Analytical Language of John Wilkins." Although this story's entirety is rarely surveyed in discussions of Foucault, appreciating its broader contents helps illuminate why Foucault began The Order of Things with this entertaining and bizarre segment. Borges's original... (shrink)