The Space of Difference in Law: Inquests into Aboriginal Deaths in Custody

Somatechnics ◽  
2011 ◽  
Vol 1 (1) ◽  
pp. 87-123 ◽  
Author(s):  
Sherene H. Razack

Paul Alphonse, a 67 year-old Aboriginal died in hospital while in police custody. A significant contributing factor to his death was that he was stomped on so hard that there was a boot print on his chest and several ribs were broken. His family alleged police brutality. The inquest into the death of Paul Alphonse offers an opportunity to explore the contemporary relationship between Aboriginal people and Canadian society and, significantly, how law operates as a site for managing that relationship. I suggest that we consider the boot print on Alphonse's chest and its significance at the inquest in these two different ways. First, although it cannot be traced to the boot of the arresting officer, we can examine the boot print as an event around which swirls Aboriginal/police relations in Williams Lake, both the specific relation between the arresting officer and Alphonse, and the wider relations between the Aboriginal community and the police. Second, the response to the boot print at the inquest sheds light on how law is a site for obscuring the violence in Aboriginal people's lives. A boot print on the chest of an Aboriginal man, a clear sign of violence, comes to mean little because Aboriginal bodies are considered violable – both prone to violence, and bodies that can be violated with impunity. Law, in this instance in the form of an inquest, stages Aboriginal abjection, installing Aboriginal bodies as too damaged to be helped and, simultaneously to harm. In this sense, the Aboriginal body is homo sacer, the body that maybe killed but not murdered. I propose that the construction of the Aboriginal body as inherently violable is required in order for settlers to become owners of the land.

1991 ◽  
Vol 24 (3) ◽  
pp. 190-203 ◽  
Author(s):  
David McDonald ◽  
David Biles

During August 1988 the National Police Custody Survey was conducted: data were collected on each occasion on which a person was held in a police cell anywhere in Australia. The survey was undertaken to provide information on the size and composition of the police cell population to assist in interpreting data on Aboriginal deaths in custody. A total of 28,566 incidents of police custody occurred during. the month, involving approximately 23,877 separate individuals. Aboriginal people made up almost 29% of the total; having a custody rate 27 times that of non–Aboriginal people. Substantial differences existed between the eight States and Territories in custody rates and on other variables. Public drunkenness was the most frequent reason for custody, accounting for 35% of cases, and the median length of time in the cells was 5.9 hours. It is concluded that the survey data are reasonably representative of the decade and that the survey should be repeated at regular intervals.


2020 ◽  
Vol 1 (2) ◽  
pp. 93-113
Author(s):  
Obert Bernard Mlambo ◽  

This article examined attitudes, knowledge, behavior and practices of men and society on Gender bias in sports. The paper examined how the African female body was made into an object of contest between African patriarchy and the colonial system and also shows how the battle for the female body eventually extended into the sporting field. It also explored the postcolonial period and the effects on Zimbabwean society of the colonial ideals of the Victorian culture of morality. The study focused on school sports and the participation of the girl child in sports such as netball, volleyball and football. Reference was made to other sports but emphasis was given to where women were affected. It is in this case where reference to the senior women soccer team was made to provide a case study for purposes of illustration. Selected rural community and urban schools were served as case references for ethnographic accounts which provided the qualitative data used in the analysis. In terms of methodology and theoretical framework, the paper adopted the political economy of the female body as an analytical viewing point in order to examine the body of the girl child and of women in action on the sporting field in Zimbabwe. In this context, the female body is viewed as deeply contested and as a medium that functions as a site for the redirection, profusion and transvaluation of gender ideals. Using the concept of embodiment, involving demeanor, body shape and perceptions of the female body in its social context, the paper attempted to establish a connection between gender ideologies and embodied practice. The results of the study showed the prevalence of condescending attitudes towards girls and women participation in sports.


2020 ◽  
pp. 1-15
Author(s):  
Kenneth W. Yu

How to inculcate virtue in the citizens of Magnesia by means of the dance component of choreia constitutes one of the principal concerns in the Laws (= Leg.), revealing Plato's evolving ideas about the expediency of music and paideia for the construction of his ideal city since the Republic. Indeed, a steady stream of monographs and articles on the Laws has enriched our understanding of how Plato theorizes the body as a site of intervention and choral dance as instrumental in solidifying social relations and in conditioning the ethical and political self. As one scholar has aptly put it: ‘a city and its sociopolitical character [are] effectively danced into existence.’ Drawing on this recent work, I focus on an enigmatic passage in Laws Book 7 that merits more attention than it has received, in which Plato curiously singles out Bacchic dances from those that are ‘without controversy’ (815b7–d4): τὴν τοίνυν ἀμφισβητουμένην ὄρχησιν δεῖ πρῶτον χωρὶς τῆς ἀναμφισβητήτου διατεμεῖν. τίς οὖν αὕτη, καὶ πῇ δεῖ χωρὶς τέμνειν ἑκατέραν; ὅση μὲν βακχεία τ᾽ ἐστὶν καὶ τῶν ταύταις ἑπομένων, ἃς Νύμφας τε καὶ Πᾶνας καὶ Σειληνοὺς καὶ Σατύρους ἐπονομάζοντες, ὥς φασιν, μιμοῦνται κατῳνωμένους, περὶ καθαρμούς τε καὶ τελετάς τινας ἀποτελούντων, σύμπαν τοῦτο τῆς ὀρχήσεως τὸ γένος οὔθ᾽ ὡς εἰρηνικὸν οὔθ᾽ ὡς πολεμικὸν οὔθ᾽ ὅτι ποτὲ βούλεται ῥᾴδιον ἀφορίσασθαι: διορίσασθαι μήν μοι ταύτῃ δοκεῖ σχεδὸν ὀρθότατον αὐτὸ εἶναι, χωρὶς μὲν πολεμικοῦ, χωρὶς δὲ εἰρηνικοῦ θέντας, εἰπεῖν ὡς οὐκ ἔστι πολιτικὸν τοῦτο τῆς ὀρχήσεως τὸ γένος, ἐνταῦθα δὲ κείμενον ἐάσαντας κεῖσθαι, νῦν ἐπὶ τὸ πολεμικὸν ἅμα καὶ εἰρηνικὸν ὡς ἀναμφισβητήτως ἡμέτερον ὂν ἐπανιέναι. So, first of all, we should separate questionable dancing far from dancing that is without controversy. Which is the controversial kind, and how are the two to be distinguished? All the dancing that is of a Bacchic kind and cultivated by those who indulge in intoxicated imitations of Nymphs, Pans, Sileni and Satyrs (as they name them), when performing certain rites of expiation and initiation—this entire class of dancing cannot easily be marked off either as pacific or as warlike, nor as of any one particular kind. The most correct way of defining it appears to me to be this—to place it away from both pacific and warlike dancing, and to pronounce that this type of dancing is οὐ πολιτικόν; having thus set aside and dismissed it, we will now return to the warlike and pacific types, which without controversy belong to us.


2018 ◽  
Vol 48 (2) ◽  
pp. 153-161
Author(s):  
Byron Wilson ◽  
Tammy Abbott ◽  
Stephen J. Quinn ◽  
John Guenther ◽  
Eva McRae-Williams ◽  
...  

In Australia, Aboriginal and Torres Strait Islander people score poorly on national mainstream indicators of wellbeing, with the lowest outcomes recorded in remote communities. As part of a ‘shared space’ collaboration between remote Aboriginal communities, government and scientists, the holistic Interplay Wellbeing Framework and accompanying survey were designed bringing together Aboriginal priorities of culture, empowerment and community with government priorities of education, employment and health. Quantitative survey data were collected from a cohort of 841 Aboriginal people aged 15–34 years, from four different Aboriginal communities. Aboriginal community researchers designed and administered the survey. Structural equation modelling was used to identify the strongest interrelating pathways within the framework. Optimal pathways from education to employment were explored with the concept of empowerment playing a key role. Here, education was defined by self-reported English literacy and numeracy and empowerment was defined as identity, self-efficacy and resilience. Empowerment had a strong positive impact on education (β = 0.38, p < .001) and strong correlation with employment (β = 0.19, p < .001). Education has a strong direct effect on employment (β = 0.40, p < .001). This suggests that education and employment strategies that foster and build on a sense of empowerment are mostly likely to succeed, providing guidance for policy and programs.


Author(s):  
Raissa Killoran

The many usages of the term ‘secularism’ have generated an ambiguity in the word; as a political guise, it may be used to engender anti-religious fervor. Particularly in regards to veiling among female Muslim adherents, the attainment of a secular state and touting of the necessity of dismantling religious symbols have functioned as linguistic shields. By calling a “burka ban” necessary or even egalitarian secularization, legislators employ ‘secularization’ as jargon for political ends, enacting a stance of supremacy under the semblance of progress. Secularization has come to function as a political tool - in the name of it, governments may prescribe which cultural symbols are normative and which are of ‘other’ cultures or religious origins. As such, the identification of some religious symbols as foreign and others as normative is a usage of secularization for normalization of dominant religious expression. In this, there is an implicit neocolonialism; by imposing standards of cultural normalcy which are definitively nonMuslim, such policies attempt to divorce Muslims from Islam.  Further, I intend to investigate the gendered aspect of secularization politics. By critiquing clothing and body policing of women, I will demonstrate how secularization projects use the female body and dress as a site for display. By rendering the female physically emblematic of the honor and virtue of an ‘other’ culture, those enacting secularization norms target women’s bodies to act as visual exhibitions of the dominant culture’s hegemony. Here, we see gendered secularization at work - female bodies become controlled by the antireligious zeal of the state, while the state carries out this control on the predicate that it is the religious group enacting unjust control. As such, the policing of female Muslim bodies is symbolic of the policing of Islam as a whole; it acts as an illustration of an imposed, gendered secularization project.


2021 ◽  
Vol 17 (2) ◽  
pp. 193-211
Author(s):  
Ashjan Ajour

Abstract This article explores the body as a site of subjectivity production during a hunger strike in Occupied Palestine. It further explores the former political prisoners’ theory of subjectivity as it emerges through their praxis and philosophy of freedom. Although the body is the principal tool that the hunger strikers use, they don't consider it the decisive factor in attaining their goal. For that they build on the immaterial strength that develops with the deterioration of the body and from which they construct the concept of rouh (soul). This is expressed through the formation of contradictory binaries: body versus soul and body versus mind. The article shows that the hunger strike not only is a political strategy for liberation; it also moves into a spiritualization of the struggle. It uses and problematizes Foucault's “technologies of the self” to theorize the specific formation of subjectivity in the Palestinian hunger strike under colonial conditions, and it contributes to theories of subjectivation. The hunger strikers, in their interaction with the dispossession of the colonial power, invent technologies of resistance to transcend the colonial and carceral constraints on their freedom and create the capacity for the transformation from a submissive subject to a resistant one.


2018 ◽  
Vol 2 (4) ◽  
pp. 542-566
Author(s):  
Jessica Wright

In late antique theological texts, metaphors of the brain were useful tools for talking about forms of governance: cosmic, political, and domestic; failed and successful; interior discipline and social control. These metaphors were grounded in a common philosophical analogy between the body and the city, and were also supported by the ancient medical concept of the brain as the source of the sensory and motor nerves. Often the brain was imagined as a monarch or civic official, governing the body from the head as from an acropolis or royal house. This article examines two unconventional metaphors of the brain in the work of the fifth-century Greco-Syrian bishop Theodoret of Cyrrhus—the brain as a treasure within the acropolis, and the brain as a node in an urban aqueduct—both of which adapt the structural metaphor of governance to reflect the changing political and economic circumstances of imperial Christianity. Drawing upon medical theories of the brain, Theodoret expands upon the conventional governance metaphor of brain function to encompass the economic and the spiritual responsibilities of the bishop-administrator. Just as architectural structures (acropolis, aqueduct) contain and distribute valuable resources (treasure, water) within the city, so the brain accumulates and redistributes nourishing substances (marrow, blood, pneuma) within the body; and just as the brain functions as a site for the transformation of material resources (body) into spiritual goods (mind), so the bishop stands as a point of mediation between earthly wealth and the treasures of heaven.


2018 ◽  
Vol 37 (2) ◽  
pp. 294-312 ◽  
Author(s):  
Yasmin Ibrahim ◽  
Anita Howarth

Through the biotechnology of the force-feeding chair and the hunger strike in Guantanamo, this paper examines the camp as a site of necropolitics where bodies inhabit the space of the Muselmann – a figure Agamben invokes in Auschwitz to capture the predicament of the living dead. Sites of incarceration produce an aesthetic of torture and the force-feeding chair embodies the disciplining of the body and the extraction of pain while imposing the biopolitics of the American empire on “terrorist bodies”. Not worthy of human rights or death, the force-fed body inhabits a realm of indistinction between animal and human. The camp as an interstitial space which is beyond closure as well as full disclosure produces an aesthetic of torture on the racialised Other through the force-feeding chair positioned between visibility and non-visibility. Through the discourse of medical ethics and the legal struggle for rights, the force-feeding chair emerges as a symbol of necropolitics where the hunger strike becomes a mechanism to impede death while possessing and violating the corporeal body.


2014 ◽  
Vol 12 (4) ◽  
pp. 516-527 ◽  
Author(s):  
Stefka Hristova

In analyzing the deployment of biomertics in Iraq, argue that whereas the body was seen as a site of verification in 20th century surveillance and identification practices, in the ongoing War on Terror, and the Iraq War more specifically, it became a site of veridiction - a site in which the truth about the security of the state can be analyzed (Foucault 2008:32). The body thus became the basis for determining not so much one’s unique identity but one’s friendliness to the normative state order. Enemies could thus be identified and confined as a group, and in this process the state could be secured. In the ongoing of the War on Terror, the visual regime of veridiction has been further articulated to the logic of digital technologies in order to categorize an unfamiliar diverse population into a binary simplistic schema consistent of true and false, therefore friend or foe, and thus “go” - allowed to move through the country or “no go” - destined to be detained. In other words, the digitization of veridiction as the primary goal of biometrics is evident in the automation of the recognition method, the conversion of the archive into database, the transition away from the anthropological station onto mobile dispersed data-gathering enterprise, and replacement of scientific expertise with easy-to-use automated intelligence.


2021 ◽  
Vol VI (I) ◽  
pp. 79-85
Author(s):  
Ayesha Khaliq ◽  
Mamona Yasmin Khan ◽  
Rabia Hayat

The female body is more than often used as a site to perpetuate violence and oppress women in patriarchal societies. The current study aims to explore how patriarchal oppression targets the female body and how it enforces women to become subalterns having no voice in the selected fictional work, Half the Sky by Kristoff and WuDunn. For this purpose, Simone De Beauvoir's The Second Sex (1949) and Bryan Turner's The Body theory (1984) are used as theoretical frameworks to explore the selected novel. The research is descriptive qualitative, and placed within the interpretive paradigm. The data for the present study is in the form of textual paragraphs, which is taken from the selected novel and is collected through the purposive sampling technique. The study argues on women's oppression and violence. The findings of the study revealed that the dominancy of male counterpart in every field of life is the basic reason for women oppression which leads to the women being subalterns.


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