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Fifth Global Conference |
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Perspectives on Evil and Human Wickedness Friday 19th - Wednesday 24th March 2004 Conference Programme, Abstracts & Papers Session 1: Revulsion, Violence and Casual Cruelty Mephistopheles Revisited: the Case of Dr. Emmenberger in Friedrich
Dürrenmatt's
Der Verdacht Prior to the 1983 publication of M. Scott Peck's People
of the Lie: The Hope for Healing Human Evil, the diagnosis of evil had
never entered the psychiatric lexicon. In an attempt to allow for
this designation within the medical sphere (68), Dr. Peck's treatise
attempts to explicate the characteristics of both individual and
group evil. As a result in the course of his landmark study, the then
practicing psychiatrist offers a host of insightful observations
concerning the nature of evil. Given however the parameters of this
investigation, I intend to concentrate on only one of them. How might
we recognize evil? Dr. Peck suggests a proven method: "If one wants
to seek out evil people, the simplest way to do so is to trace them
from their victims."(107) Attica as the Exception Carl Schmitt argued that in times of public emergency,
the monopoly of the sovereign to decide released him from the restraint
of legal norms. Thus, according to Schmitt, because of a credible danger
to the state, the rule of law could be bracketed and the sovereign was
free to decide both when there was a real emergency and what could be
done to resolve it. Legal norms were neither capable of codifying the
emergency (since no norms can apply to chaos) nor where they able to
retroactively judge the course of action the sovereign took. Hence an
important aspect of Schmitt's logic is that actions performed by the
sovereign, or his delegated agents, are beyond any moral, ethical or
juridical evaluation and the only criteria on which they can be judged
is whether they are effective and efficient in restoring order. Thus
by expanding Schmitt's position one can argue that it is only because
the stakes in the exception (emergency) are so great that the bracketing
of legality, the diminution or dispersal of human rights, the right to
put individuals to summary death (or the use of military tribunals in
the battlefield) and the use of unrestrained violence is permitted and
justified. The Unbearable Brutality of Being: Casual Cruelty in Prison
and What this Tells us About Who we Really Are In the apparently “advanced” systems of criminal justice
in modern societies such as the U.S.A. and UK , there has been an enthusiastic
return to respectability of cruelty as a penal value, and, in some ways,
this mirrors an enthusiastic engagement with cruelty in popular culture,
such as that exemplified in reality television shows. In terms of tolerating
or justifying cruel treatment as a normal part of everyday life, the
principle of deservedness is commonly held to apply to prisoners, or
what Nietzsche called an “entitlement
to cruelty”. In the course of research inside prison over many years,
the researcher becomes aware of the ubiquity of casual cruelty practiced
by staff on those in their charge, as well as between prisoners themselves.
In this paper, I give examples from both the US and UK systems, and attempt
to distinguish casual cruelty from less normalised acts of wilful and
perverted cruelty. I show how significant it is when this routinised
cruelty is visited by the relatively stronger on weaker and more vulnerable
members of a prison society. |
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