Civil Death

Author(s):  
Colin Dayan

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.

Author(s):  
Tilman Rodenhäuser

Analysing the development of the concept of non-state parties to an armed conflict from the writings of philosophers in the eighteenth century through international humanitarian law (IHL) treaty law to contemporary practice, three threads can be identified. First, as pointed out by Rousseau almost two and a half centuries ago, one basic principle underlying the laws of war is that war is not a relation between men but between entities. Accordingly, the lawful objective of parties cannot be to harm opponents as individuals but only to overcome the entity for which the individual fights. This necessitates that any party to an armed conflict is a collective, organized entity and not a loosely connected group of individuals. Second, de Vattel already stressed that civil war is fought between two parties who ‘acknowledge no common judge’ and have no ‘common superior’ on earth....


2017 ◽  
Vol 29 (1) ◽  
pp. 65-83
Author(s):  
Raluca Andreescu

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.


Author(s):  
Ann Jefferson

This chapter traces the popular usage of “genius” in the nineteenth century. If genius no longer has the self-evidence that was attributed to it in the eighteenth century, this is due in part to the profligacy with which the word had come to be used. While the term is widely invoked—in fact, ever more widely so—it is rarely the subject of sustained theoretical scrutiny of the type established by aesthetics and philosophy in the previous century. The genius celebrated in this popular usage was, more often than not, a collective phenomenon linking success or supremacy with the individual character of institutional or abstract entities in a way that combined genius as ingenium with genius as the form of superlative excellence.


2020 ◽  
pp. 105-127
Author(s):  
Hélène Landemore

This chapter determines whether non-elected bodies with intrinsic democratic credentials, such as mini-publics and self-selected representative groups like social movements, also have the legitimacy to make binding decisions for the rest of the polity. It returns to the question of political legitimacy and proposes that the democratic legitimacy of representatives comes not from individual consent, as eighteenth-century theory of legitimacy understood it, but a plurality of factors, including majoritarian authorization as a necessary but insufficient condition. Majoritarian authorization need not be of directly individual representatives but, instead, of the selection mechanism through which they are selected. The chapter then considers the circumstances under which self-selected representatives can acquire a minimal form of democratic legitimacy even in the absence of any explicit majoritarian authorization of the selection mechanism or of the individual persons thereby selected. It also looks at the problems posed by potential conflicts of legitimacy between different democratic representatives and assesses how these problems may be solved. Finally, the chapter returns to electoral representation and asks whether it could be sufficiently democratized through so-called liquid democracy schemes, which would create a system labelled as “liquid representation.”


Author(s):  
Markus Rathey

When Felix Mendelssohn Bartholdy performed Johann Sebastian Bach’s St. Matthew Passion in the concert hall of the Berlin Singakademie in 1829, he not only transferred a piece of liturgical music into a secular space, but he also made numerous cuts that changed the theological profile of Bach’s composition. The essay explores the theology of the St. Matthew Passion in the context of early eighteenth-century theology and gives an overview of the original performance conditions and the audiences at the performances in Bach’s time. The second half of the essay analyses how these parameters changed when Mendelssohn conducted the Passion in 1829. It becomes clear that the sociological profile of the audience (educated middle and upper class who had to pay money to attend the performance) remained essentially the same, while the theology shifted from a focus on the freedom of the individual in Bach’s time to an emphasis on the community (congregation, Volk, nation) in the adapted version the Singakademie presented to its listeners in 1829.


2010 ◽  
Vol 75 (1) ◽  
pp. 19-43 ◽  
Author(s):  
Jillian E. Galle

Evolutionary approaches to agency offer some of the most promising frameworks for identifying individual agents and their archaeological correlates. Agency theory calls attention to the individual as the fundamental feature of human relations, and evolutionary theory provides historically situated models that allow archaeologists to precisely investigate the complex behavioral strategies that underlie artifact patterns. The following paper offers one such model. Using data from 41 slave-site occupations from eighteenth-century Virginia, I explore how and why enslaved African Americans actively participated in the burgeoning "consumer revolution" that swept across the early modern Atlantic World. Artifact patterning suggests that the acquisition and display of costly imported goods functioned as a form of communication for slaves in both public and private venues. The data show that enslaved women and men used several different consumption strategies to solidify social and economic relationships within precarious and rapidly changing environments. Signaling theory, derived from evolutionary theory, illuminates the contextual factors that structured slaves’ consumer choices and provides a model for understanding their choices as the result of dynamic and mutually beneficial behaviors.


Author(s):  
Tita Chico

Natural philosophy in the long eighteenth century connoted a sense of modernity and enlightenment, attributes that bound science to meanings in excess of its practice and consumption. The pliancy of science as a trope finds support in reflections on language as a scientific tool by Robert Boyle, Robert Hooke, and other natural philosophers. The two dominant technologies of the experimental imagination are the observed particular and the modest witness. Observed particulars of empirical study are those nuggets of data that disclose themselves and, in their revelation, produce knowledge. The modest witness is the individual who is objective by virtue of erasing himself through his privilege. Tropes are literary tools that not only enable practitioners to describe scientific findings, but also enable an even more fundamental component of experimentalism: literariness makes possible the conceptualization of scientific findings and the individual who produces them.


Author(s):  
P. Fontes da Costa

This paper is concerned with the reporting and display of curiosities of nature at the meetings of The Royal Society during the first half of the eighteenth century. It is argued that these activities cannot, as some historians have maintained, be viewed as a mere opportunity for the entertainment of the Fellows. Instead, the reports and exhibitions fulfilled multiple roles, including the promotion of inquiry, education, polite discourse, as well as entertainment, aspects that were intimately connected during that period. Some of the individual and collective interests involved in the reporting and display of curiosities of nature at the Society are also discussed. It is argued that these interests should be considered within the broad context of the culture of curiosity at The Royal Society in this period.


Slavic Review ◽  
2002 ◽  
Vol 61 (3) ◽  
pp. 453-459 ◽  
Author(s):  
Janine P. Holc

In this forum onNeighborsby Jan T. Gross (Princeton, 2001), four scholars respond to the book and to the issues of evidence, causality, and interpretation that it raises. Janine P. Holc summarizes the contents and the book's approach and explores the roles of individual choice, on the one hand, and ethnic identity categories, on the other, in Gross's presentation of the causes of the massacre of the Jewish residents of Jedwabne by their non-Jewish neighbors. She argues for an approach to readingNeighborsthat links the emotive mode in which some of the narrative is expressed to a productive engagement with traumatic or violent historical episodes. This type of history resists finality and closure and creates an avenue for active engagement by members of ethnic (or other) communities with violent and traumatic pasts. Wojciech Roszkowski discusses three aspects of the debate onNeighborsin Poland: the credibility of the book, the facts of 10 July 1941 and their moral meaning, and the representativeness of the Jedwabne case and the question of “innocence” or “guilt” of nations. While arguing that the credibility ofNeighborsis low and that Gross's thesis that “one half of the Jedwabne inhabitants killed the other half” has not been proven, he writes that it is impossible to deny Polish participation in the massacre. Yet, as with other documented cases of Polish wartime evildoing, it is unfair to blow this incident out of proportion and produce unwarranted generalizations. Past and present realities are always more complicated than simple stereotypes that “Poles” or “Jews” are to blame or that they have always been innocent. William W. Hagen argues that Gross vacillates between a robust positivism promising that “a reconstruction” of “what actually took place” is possible, such that guilt and motive may confidently be assigned, and an interpretive pessimism suggesting that “we will never 'understand' why it happened.” In his assignment of causality, Gross offers a largely unconnected, in part inferential or speculative, array of determinants and motives. Although some ofthecauses Gross adduces are certainly persuasive, his analysis does not address the Jedwabne perpetrators' and witnesses' perception of the cultural meaning of the inhuman violence their Jewish neighbors were suffering. Hagen offers some suggestive historical evidence on the Poles' subjective response to the Jewish genocide and to their own wartime fate, arguing that the Jedwabne Poles' participation in the mass murder of the Jews must be conceived as a response, mediated by the penetration of ideological anti-Semitism into the countryside, to profound anxiety over the individual and social death menacing Polish identity under Soviet and Nazi occupation. Norman M. Naimark argues that the appearance of Gross'sNeighborshas created an entirely new dimension to the historiography of World War II in Poland. The book demonstrated, as has no other work, the extent to which the Poles were directly involved in the genocide of the Jews. The clarity and force of Gross's presentation provides Polish historiography with an unprecedented opportunity “to come to terms with the past.” The essay also suggests that the Jedwabne massacre needs to be looked at in the context of overall German policy “in the east” and in comparison to similar horrors taking place roughly at the same time in Lithuania, Ukraine, Belarus, and Latvia. The Nazis intentionally (and surreptitiously) sought to incite pogroms in the region, filming and photographing the horrific events for audiences back home. Their own propaganda about the “Jewish-Bolshevik” menace both prompted and was ostensibly confirmed by the pogroms. In his response, Jan T. Gross replies to Roszkowski's criticism concerning historical credibility.


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