Abstract: -/- In this paper we discuss how through our bi-weekly Socratic dialogue groups with inmates at the Metropolitan Correctional Center downtown San Diego, we were able to bring the inmates to a sense of aporia or puzzlement. Not only did the dialogues help to uncover assumptions, uncovering the dots, so to speak, but also to help reconnect the dots and see their world from a different perspective. It allowed them to question their lives in a safe and (...) non-judgmental environment. They felt empowered by these dialogues to become their own life’s judges, freeing themselves from feeling oppressed by the judgments of others. (shrink)

The purpose of this paper aims to analyze and find the implementation of the Law for the Protection of Prisoners on parole for inmates certain crimes. This research is a normative legal research, the research includes the study of the principles of law, the systematic study of law, research on synchronization of law, legal history research and comparative law research. The results; (1) Legal Protection for Convicts to obtain parole in the human rights perspective, is given in the form (...) of Preventive Legal Protection and Legal Protection repressive. Preventive Legal protection granted by the government with the aim of preventing prior to the violation. (2) Implementation of parole for inmates of certain criminal acts, in essence, embodies the formulation remissions to the perpetrators of certain criminal offenses have been formulated differently from other criminal by Government Regulation No. 28 of 2006 juntco Government Regulation No. 32 of 1999. (3) Government Regulation No. 99 Year 2012 which discriminates against the Right to organize tightening remissions for prisoners certain crimes such as corruption, drugs and terrorism is violating the hierarchy of legislation. (shrink)

In the ancient Greek world, the concept of 'miasma,' which becomes permanent and has the potential to grow over time due to evil acts such as murder committed in the city, is a concept frequently referred to in many classical tragedies. To the extent that miasma has a bad connotation due to its nature and is a situation that occurs due to evil actions, it can be considered together with the philosophical problem of evil. In this study, we aim to (...) examine the concept of miasma by focusing on the characters in La Jauría, one of the most prominent films of recent South American cinema, rather than a purely conceptual analysis of the concept. Filmed in the jungles of Colombia and directed by Colombian director Andrés Ramírez Pulido, the 2022 film La Jauría is a psychological drama that focuses on the lives of young people involved in crime. The tragic story of Eliu, the protagonist of the film, which takes place mainly in a prison specially designed to rehabilitate inmates, seems to us to be a very suitable focal point for examining the concepts of miasma, catharsis, and ecstasy, which are frequently referred to in ancient Greek tragedy. To do so, we will first address the various contexts in which miasma has been used historically, considering the flow of events in the movie La Jauría. Then, we will look at the relationship of the concept of miasma with the problem of evil. Finally, we will discuss the possibilities of the concept of purification, which is seen as a kind of antidote to miasma. (shrink)

Recent developments in neuroscience have inspired proposals to perform deep brain stimulation on psychopathic detainees. We contend that these proposals cannot meet important ethical requirements that hold for both medical research and therapy. After providing a rough overview of key aspects of psychopathy and the prospects of tackling this condition via deep brain stimulation, we proceed to an ethical assessment of such measures, referring closely to the distinctive features of psychopathic personality, particularly the absence of subjective suffering and a lack (...) of moral motivation. Scrutiny of these factors reveals that two essential bioethical criteria, individual medical benefit and voluntary informed consent, cannot be met in performing neurosurgical experiments or treatments on psychopathic inmates. (shrink)

The paper investigates whether it is plausible to hold the late stage demented criminally responsible for past actions. The concern is based on the fact that policy makers in the United States and in Britain are starting to wonder what to do with prison inmates in the later stages of dementia who do not remember their crimes anymore. The problem has to be expected to become more urgent as the population ages and the number of dementia patients increases. This (...) paper argues that the late-stage demented should not be punished for past crimes. Applicable theories of punishment, especially theories with an appropriate expressivist, or communicative element, fail to justify the imprisonment of the late-stage demented. Further imprisonment would require a capacity for comprehension on the part of the punished, and, under certain narrowly specified conditions, even a capacity to be at least in principle capable of recalling the crime again. (shrink)

In his early works, Giorgio Agamben argues that some Auschwitz inmates practised a ‘silent form of resistance’ by shutting themselves off from the world until nothing could harm them. I argue that this conception of ‘bare life’ is both too abstract and too individualistic. Agamben’s idea of bare life’s resistance first neglects the socio-historical context that has produced particular instances of it, effectively barring the investigation into how to avoid future occurrences of sovereign violence. Agamben, second, emphasizes the potential (...) for resistance present in individual bodies shut off from the world without providing guidelines for how these bodies should form a substantive community. I consequently employ Vasily Grossman’s writings on the Shoah to provide an alternative conception of bare life’s resistance in the camps. According to Grossman, resistance lies not in closing oneself off from the world, but in cultivating ineradicable nodes of ‘senseless kindness’ in concrete human interactions. (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)

This study aims to grasp the two distinct artworks one is from the literary field: Penal Colony, written by F. Kafka and the other one is from painting: The Large Glass, designed by M. Duchamp. This text tries to unravel the similarities betwe- en these artworks in terms of two main significations around “The Officer” from Penal Colony and “The Bachelors” from The Large Glass. Because of their vital role on the re-production of status-quo, this text asserts that there is (...) a similarity between them in the name of being part of the dispositions of body and desire. First of all, the text focuses on Penal Colony, especially on “The Officer” in or- der to observe his obsession towards the order that ruled by former and the late officer of colony. Deleuze & Guattari conceptualize it as “abstract-machines” and it refers to a contingent state of being which is produced as an obligatory entity. Besides, The Officers’ application via a “labeling machine” on inmates creates a framewok of a dispositif in Foucauldian terminology. Secondly, it is emphasized that The Bachelors from the Large Glass for his context, due to its reference for the concept of desire and a metaphorical connotation for desire as “cocoa”. The Large Glass is also turn around the dispositif in a different way: love. It is stated that criticizing the love to nowhere which belongs to The Bachelors and it can be found that there is an abstract-machine again in back of this practice and it converts The Bachelors’ energeia to make an apparatus possible and operative. (shrink)

Unjustifiable assumptions about sex and gender roles, the untamable potency of maleness, and gynophobic notions about women's bodies inform and influence a broad range of policy-making institutions in this society. In December 2004, the U.S. Court of Appeals for the Sixth Circuit continued this ignoble cultural pastime when they decided Everson v. Michigan Department of Corrections. In this decision, the Everson Court accepted the Michigan Department of Correction's claim that “the very manhood” of male prison guards both threatens the safety (...) of female inmates and violates the women's “special sense of privacy in their genitals” and declared that sex-specific employment policies for prison guards is not impermissibly discriminatory. I believe that the Court's decision relies on unacceptable stereotypes about sex, gender and sexuality and it significantly undermines Title VII's power to end discriminatory employment practices. (shrink)

A curious and comparatively neglected element of death penalty jurisprudence in America is my target in this paper. That element concerns the circumstances under which severely mentally disabled persons, incarcerated on death row, may have their sentences carried out. Those circumstances are expressed in a part of the law which turns out to be indefensible. This legal doctrine—competence-for-execution —holds that a condemned, death-row inmate may not be killed if, at the time of his scheduled execution, he lacks an awareness of (...) his impending death or the reasons for it. I argue that the law of CFE should be abandoned, along with the notion that it is permissible to kill the deeply disturbed just so long as they meet some narrow test of readiness to die. By adopting CFE, the courts have been forced to give independent conceptual and moral significance to a standard for competence that simply cannot bear the weight placed upon it. To be executable, CFE requires that a condemned prisoner meet a standard demonstrating an awareness of certain facts about his death. Yet this standard both leads to confusing and counter-intuitive results and is unsupported either by the reasons advanced by the courts on its behalf or by any of the standard theoretical justifications of criminal punishment. If executing the profoundly psychotic or delusional is wrong the law needs a better account of the wrong done when prisoners like Ford are killed. I suggest wherein that wrong might be located. (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)

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)

In this paper the sameness and difference between two distinguished Indian authors, Rokeya Sakhawat Hossain (1880–1932) and Mahasweta Devi (b. 1926), representing two generations almost a century apart, will be under analysis in order to trace the generational transformation in women’s writing in India, especially Bengal. Situated in the colonial and postcolonial frames of history, Hossain and Mahasweta Devi may be contextualized differently. At the same time their subjects are also differently categorized; the former is not particularly concerned with subalterns (...) whereas the latter specifically focuses on the effect of race and class on gender. The quest for the ‘self’ and ‘subjectivity’ is more pertinent in the latter and consequently the appeal for agency is based on a crude power struggle. Hossain, a philanthropist who championed the woman question, believed that striving for equality should be a collective process which could be achieved by spreading awareness among fellow-inmates inhabiting the prison of patriarchy. Like Euro-American first-wave feminists, Rokeya advocated the necessity of education among women in order for them to be able to comprehend their plight and ‘awake’ for the cause. She addresses fundamental issues of feminism like education and the systematized claustrophobia within the domestic space. Whereas Mahasweta Devi, has been an activist writer who is regarded as the brand ambassador for the support of the marginalized, deprived and denotified tribes of India. It is her mission to provide succour to the marginalized sections, especially tribes from the Purulia district of West Bengal, like the Kherias and Shabars. As an activist writer she explores tribal life and allied socio-political issues which reflect their agony. (shrink)

Psychopathy is a personality disorder characterized by callous antisocial behavior and criminal recidivism. Here we examine whether psychopathy is associated with alterations in functional connectivity in three large-scale cortical networks. Using fMRI in 142 adult male prison inmates, we computed resting-state functional connectivity using seeds from the default mode network, frontoparietal network, and cingulo-opercular network. To determine the specificity of our findings to these cortical networks, we also calculated functional connectivity using seeds from two comparison primary sensory networks: visual (...) and auditory networks. Regression analyses related network connectivity to overall psychopathy scores and to subscores for the “factors” and “facets” of psychopathy: Factor 1, interpersonal/affective traits; Factor 2, lifestyle/antisocial traits; Facet 1, interpersonal; Facet 2, affective; Facet 3, lifestyle; Facet 4, antisocial. Overall psychopathy severity was associated with reduced functional connectivity between lateral parietal cortex and dorsal anterior cingulate cortex. The two factor scores exhibited contrasting relationships with functional connectivity: Factor 1 scores were associated with reduced functional connectivity in the three cortical networks, whereas Factor 2 scores were associated with heightened connectivity in the same networks. This dissociation was evident particularly in the functional connectivity between anterior insula and dorsal anterior cingulate cortex. The facet scores also demonstrated distinct patterns of connectivity. We found no associations between psychopathy scores and functional connectivity within visual or auditory networks. These findings provide novel evidence on the neural correlates of psychopathy and suggest that connectivity between cortical association hubs, such as the dorsal anterior cingulate cortex, may be a neurobiological marker of the disorder. (shrink)

Using Foucault’s concept of governmentality vis-à-vis Appadurai’s “global ethnoscapes” as frames, I argue for a techno-cultural dimension which brought forth the phenomenon of the “dancing inmates,” an argument against the charge of Filipino colonial mimicry of a Hollywood popular entertainment. Albeit the inmates’ dance routines indeed depict Foucault’s “docile bodies” in his analysis of the modern prison, as pointed out by critics, I am inclined to show how the internet mediation through social media networks awakened a culturally imbibed (...) dance and musical character trait vis-à-vis the jolly cultural disposition of Filipinos. Thus, I view these characteristics as existential responses, hence, ‘creative resilience,’ to the inhuman incarcerating conditions of the prison life through using the art of dance with the aid of media technology. I argue on the role of the internet as the prisoners’ avenue to the outside world that was strategically deprived of them as a form of punishment, and the role of the internet as their last frontier to freedom and to realize their human potentials. (shrink)

This thesis focuses on a philosophical analysis of literature. The central question is: when making moral choices in a forced labor camp, what options remain? Hannah Arendt has written about the forced labor, concentration and extermination camps as the central institutions of totalitarianism, where the project of complete destruction of unwanted human beings is carried out; the end result is the removal of spontaneity and uniqueness in people. We join Arendt’s insights with those of Richard Rorty who employed the concept (...) of unmaking a person’s world in his discussion of Orwell’s 1984. A synthesis of their ideas highlights the importance of language and the freedom of narrativity for countering the elimination of spontaneity (Rorty emphasized the importance of redescription). Chapter 3 uses this synthesis for analyzing the Gulag stories of an Estonian writer, Jaan Kross. Our reading of the stories “Vürst” and “Halleluuja” outlines the concept of playfulness which employs independent redescription of the characters themselves and the situation, and upholds the inmates’ freedom of narrativity and spontaneity. This playfulness emerges in theatricality, bravura, distance from the situation and its script (the distance-keeping has a notable parallel to Rorty’s concept of irony), enacting the unexpected, and playing with risks and possibilities. (shrink)

In a rather long piece which an exhibition catalog has called „catholic propaganda”(Busch & Maisak, 2013, p. 342), Guido Görres reflected on madness and art, using Kaulbach’s iconic 1835 drawing of asylum inmates (Das Narrenhaus) as pretext. Görres wrote of “this hospital of the human spirit (…), this charnel ground of the living, who like specters roam, wearing on their foreheads the faded and almost illegible traces of their former names.”1(1836, p. 9). Overdramatic prose, but unlikely to strike one (...) as unprecedented. If anything, it has long been customary to exhibit a mix of fascination and revulsion when discussing the institutions which in the past two centuries at the same time sheltered and shattered those deemed mentally ill. (shrink)