Part 5. Civil Death

2021 ◽  
pp. 504-529
Keyword(s):  
Civil Death

Romans 8: Dead to the Law, Alive in the Spirit

2013 ◽  
Vol 9 ◽  
Author(s):  
Tyler Lohse
Keyword(s):  
Case Law ◽  
Legal Interpretation ◽  
Philosophy Of Law ◽  
Interpretive Theory ◽  
The Law ◽  
Interpretive Strategies ◽  
Civil Death ◽  
Romans 8

This essay comments on the nature of the language of the law and legal interpretation by exam- ining their effects on their recipients. Two forms of philosophy of law are examined, legal positiv- ism and teleological interpretive theory, which are then applied to their specific manifestations in literature and case law, both relating to antebellum slave law. In these cases, the slave sustains civil death under the law, permissible by means of these legal interpretive strategies.

Unmaking and Remaking the World in Long-Term Solitary Confinement

2018 ◽  
Vol 1 (1) ◽  
pp. 16
Author(s):  
Lisa Guenther
Keyword(s):  
The Body ◽  
Solitary Confinement ◽  
Hunger Strike ◽  
State Prison ◽  
Legal Documents ◽  
The Social ◽  
The World ◽  
Collective Resistance ◽  
Civil Death

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.

Civil Death in Early Modern England

Exemplaria ◽  
2020 ◽  
Vol 32 (4) ◽  
pp. 326-345
Author(s):  
Ross Lerner
Keyword(s):  
Early Modern ◽  
Early Modern England ◽  
Civil Death

scholarly journals “Nobody gets out alive. This place just a big coffin”: On Death and Dying in American Prisons

2017 ◽  
Vol 29 (1) ◽  
pp. 65-83
Author(s):  
Raluca Andreescu
Keyword(s):  
United States ◽  
Justice System ◽  
Death And Dying ◽  
The United States ◽  
Correctional Facilities ◽  
Joyce Carol Oates ◽  
Citizenship Rights ◽  
Social Death ◽  
Award Winning ◽  
Civil Death

Abstract This article explores the manner in which the narratives in the Prison Noir volume (2014) edited by Joyce Carol Oates bring into view the limits and abusive practices of the American criminal justice system within the confines of one of its most secretive sites, the prison. Taking an insider’s perspective - all stories are written by award-winning former or current prisoners - the volume creates room for the usually silent voices of those incarcerated in correctional facilities throughout the United States. The article engages the effects of “prisonization” and the subsequent mortification of inmates by focusing on images of death and dying in American prisons, whether understood as a ‘social death,’ the isolation from any meaningful intercourse with society, as a ‘civil death,’ the stripping away of citizenship rights and legal protections, or as the physical termination of life as a result of illness, murder, suicide or statesponsored execution.

Civil Death

2011 ◽  
Author(s):  
Colin Dayan
Keyword(s):  
Eighteenth Century ◽  
Social Marginalization ◽  
Social Death ◽  
The Individual ◽  
Civil Death ◽  
Independent Relation

This chapter analyzes what happens to persons in two cases: the free person of property who commits a felony and undergoes civil death and the enslaved person, who, as bearer of “negative personhood,” has undergone social death. In most instances, though the person declared civilly dead has property to lose, the slave who never had property is property in fact, and can never have any independent relation to property. However, both of these characterizations possess juridical significance in so far as they recognize the individual as “a kind of civil ghost.” Rather than focus on the various and sometimes diffuse consequences of social marginalization, the chapter traces instead a developing logic in modern law. By the eighteenth century, Judeo-Christian antecedents and inchoate traditions of punishment were redrawn and fully articulated as a rationale appropriate to the needs of emerging modernity.

France: Political Mistrust and the Civil Death of Politicians

2005 ◽  
Vol 4 (1-2) ◽  
pp. 137-154
Author(s):  
Mattei Dogan
Keyword(s):  
Civil Death
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