Lisa Guenther

In this essay, I draw on Merleau-Ponty’s Institution Course Notes to clarify Patrick Wolfe’s claim that, for settler colonialism, “invasion is a structure, not an event.” I also engage critically with colonial assumptions in Merleau-Ponty’s own work, including his Eurocentric response to questions such as: “[I]s there a field of world history or universal history? Is there an intended accomplishment? A closure on itself? A true society?” In this essay, I ask different questions – with Merleau-Ponty, against him, and beyond him. I neither defend Merleau-Ponty against his own worst self nor disown him as “bad” philosophical kin. Rather, I learn what I can from Merleau-Ponty for a critical phenomenology of settler colonialism and for amplifying movements to transform and abolish settler colonial structures at the level of thought, being, and politics.

Motivated by a conviction that mass incarceration and state execution are among the most important ethical and political problems of our time, the contributors to this volume come together from a diverse range of backgrounds to analyze, critique, and envision alternatives to the injustices of the U.S. prison system, with recourse to deconstruction, phenomenology, critical race theory, feminism, queer theory, and disability studies. They engage with the hyper-incarceration of people of color, the incomplete abolition of slavery, the exploitation of prisoners as workers and as “raw material” for the prison industrial complex, the intensive confinement of prisoners in supermax units, and the complexities of capital punishment in an age of abolition.

What is the relationship between prisons designed to lock people in and suburban fortresses designed to lock people out? Building on Jonathan Simon’s account of “homeowner citizenship,” I argue that the gated community is the structural counterpart to the prison in a neoliberal carceral state. Levinas’s account of the ambiguity of dwelling—as shelter for our constitutive relationality, as a site of mastery or possessive isolation, and as the opening of hospitality—helps to articulate what is at stake in homeowner citizenship, beyond the spectre of stranger danger: namely, my own capacity for murderous violence, and my investment in this violence through the occupation of territory and the accumulation of private property. Given the systemic nature of such investments, the meaning of hospitality in the carceral state is best expressed in abolitionist social movements like the Movement for Black Lives, which holds space for a radical restructuring of the world.

Many prisoners in solitary confinement experience adverse psychological and physical effects such as anxiety, paranoia, insomnia, headaches, hallucinations and other perceptual distortions. Psychiatrists call this SHU syndrome, named after the Security Housing Units [SHU] of supermax prisons. While psychiatric accounts of the effects of supermax confinement are important, especially in a legal context, they are insufficient to account for the phenomenological and even ontological harm of solitary confinement. This paper offers a phenomenological analysis of the lived experience of space in supermax confinement by drawing on Merleau-Ponty’s account of intercorporeal depth. I argue that the prolonged deprivation of concrete experiences of spatial depth in a shared world is a form of violence against the relational structure of embodied (inter)subjectivity, and that it threatens to undermine the prisoner’s capacity for a meaningful relation to the world, to others, and even to herself. Nevertheless, some prisoners have developed strategies for resisting this psychopathology of space.

Motivated by a conviction that mass incarceration and state execution are among the most important ethical and political problems of our time, the contributors to this volume come together from a diverse range of backgrounds to analyze, critique, and envision alternatives to the injustices of the U.S. prison system, with recourse to deconstruction, phenomenology, critical race theory, feminism, queer theory, and disability studies. They engage with the hyper-incarceration of people of color, the incomplete abolition of slavery, the exploitation of prisoners as workers and as "raw material" for the prison industrial complex, the intensive confinement of prisoners in supermax units, and the complexities of capital punishment in an age of abolition. -/- Contents -/- Introduction: Death and Other Penalties Geoffrey Adelsberg, Lisa Guenther, and Scott Zeman -/- Part I. Legacies of Slavery -/- Excavating the Sedimentations of Slavery: The Unfinished Project of American Abolition Brady Heiner -/- From Commodity Fetishism to Prison Fetishism: Slavery, Convict-leasing, and the Ideological Productions of Incarceration James Manos -/- Maroon Philosophy: An Interview with Russell Maroon Shoatz Russell Maroon Shoatz -/- Part II. Death Penalties -/- In Reality-from the Row Derrick Quintero -/- Inheritances of the Death Penalty: American Racism and Derrida's Theologico-Political Sovereignty Geoffrey Adelsberg -/- Making Death a Penalty: Or, Making "Good" Death a "Good" Penalty Kelly Oliver -/- Death Penalty Abolition in Neoliberal Times: The SAFE California Act and the Nexus of Savings and Security Andrew Dilts -/- On the Inviolability of Human Life Julia Kristeva (translated by Lisa Walsh) -/- Part III. Rethinking Power and Responsibility -/- Punishment, Desert, and Equality: A Levinasian Analysis Benjamin S. Yost -/- Prisons and Palliative Politics Ami Harbin -/- Sovereignty, Community, and the Incarceration of Immigrants Matt S. Whitt -/- Without the Right to Exist: Mass Incarceration and National Security Andrea Smith -/- Prison Abolition and a Culture of Sexual Difference Sarah Tyson -/- Part IV. Isolation and Resistance -/- Statement on Solitary Confinement Abu Ali Abdur'Rahman -/- The Violence of the Supermax: Toward a Phenomenological Aesthetics of Prison Space Adrian Switzer -/- Prison and the Subject of Resistance: A Levinasian Inquiry Shokoufeh Sakhi -/- Critical Theory, Queer Resistance, and the Ends of Capture Liat Ben-Moshe, Che Gossett, Nick Mitchell, and Eric A. Stanley.

This paper analyzes the Security Housing Unit in Pelican Bay State Prison as a form of weaponized architecture for the torture of prisoners and the unmaking of the world. I argue that through collective resistance, prisoners in the Pelican Bay Short Corridor have re-purposed this weaponized architecture as a tool for remaking the world by creating new, resistant and resurgent forms of social life. This collective practice of remaking of the world used the self-destructive tactic of a hunger strike to weaponize their bodies and their lives against the weaponized architecture of solitary confinement. But it also developed less spectacular, everyday practices of communication, self-expression, and community-building within a system that is designed to suppress these practices. By collectively refusing food, and by articulating the meaning and motivation of this refusal in articles, interviews, artwork, and legal documents, prisoners at Pelican Bay reclaimed and expanded their perceptual, cognitive, and expressive capacities for world-making, even in a space of systematic torture.

What does it mean to be born, or to give birth? I explore the relation between ethics and time through a phenomenology of birth, understood as the gift of the Other. My birth is not my own; apart from death, it is that moment when I am least present as a self-determining subject. But unlike death, birth binds me to an Other without whom I could not exist. This difference opens the possibility of understanding time in its ethical dimensions, as time from an Other and for the Other. To be born is to be engendered for responsibility; it is to be given the imperative to give to Others. ;Part I, Given Birth, discusses the significance of being born for Heidegger, Arendt and Levinas. Heidegger interprets birth as an inheritance or "heritage" which Dasein hands down to itself by authentically "repeating" the past. I argue that this self-inheritance tends to obscure the sense in which one is born to an Other. Arendt understands birth as the initiation of someone new into a political world; thanks to natality, we are given the promise of a different, more hopeful future. Finally, Levinas suggests an interpretation of birth as being welcomed into a home by the feminine Other. This formulation begins to articulate the ethical dimensions of birth; and yet it also raises questions about the status of sexual difference in the work of Levinas. ;Part II, Giving Birth, explores the ethical and temporal dimensions of maternity and paternity in Beauvoir, Levinas, and selected biblical texts. In particular, I consider Levinas' articulation of responsibility as becoming "like a maternal body" for the stranger. To become like a maternal body is to give time to the Other, opening up a past of forgiveness and a future of promise. It is to remember the immemorial gift of birth, while metaphorically passing it on to a stranger. But the sexual specificity of maternity raises questions which can only be addressed through feminist analysis. How can we explore the richness of the maternal metaphor, and its implications for ethics, without making the embodied "reality" of motherhood disappear?

In Otherwise than Being, Levinas writes that the alterity of the Other escapes “le flair animal,” or the animal’s sense of smell. This paper puts pressure on the strong human-animal distinction that Levinas makes by considering the possibility that, while non-human animals may not respond to the alterity of the Other in the way that Levinas describes as responsibility, animal sensibility plays a key role in a relation to Others that Levinas does not discuss at length: friendship. This approach to friendship addresses a gap in Levinas’ work between the absolute Other for whom I am responsible and the “brother” who is my political equal.

In recent years, comparisons between abortion and slavery have become increasingly common in American pro-life politics. Some have compared the struggle to extinguish abortion rights to the struggle to end slavery. Others have claimed that Roe v Wade is the Dred Scott of our time. Still others have argued that abortion is worse than slavery; it is a form of genocide. This paper tracks the abortion = slavery meme from Ronald Reagan to the current personhood movement, drawing on work by Orlando Patterson, Hortense Spillers, and Saidiya Hartman to develop a discourse of reproductive justice that grapples with the wounded kinship of slavery and racism.

While Merleau-Ponty does not theorize sexual difference at any great length, his concepts of the flesh and the institution of a sense suggest hitherto undeveloped possibilities for articulating sexual difference beyond the male–female binary. For Merleau-Ponty, flesh is a “pregnancy of possibilities” which gives rise to masculine and feminine forms through a process of mutual divergence and encroachment. Both sexes bear “the possible of the other,” and neither represents the first or generic form of the human; each sex bears the possibility of the other. By approaching sexual difference in terms of intersubjectively distributed possibilities rather than interlocking forms or types, we may grasp sexual difference in terms of both a developmental process in which bodies become sexed (and sometimes re-sexed) over time, and in terms of a social-historical process in which patterns of relation and exchange between sexed bodies shift over time, altering the very sense of sexual difference.

Irigaray's early work seeks to multiply possibilities for women's self-expression by recovering a sexual difference in which male and female are neither the same nor opposites, but irreducibly different modes of embodiment. In her more recent work, however, Irigaray has emphasized the duality of the sexes at the expense of multiplicity, enshrining the heterosexual couple as the model of sexual ethics. Alison Stone's recent revision of Irigaray supplements her account of sexual duality with a theory of bodily multiplicity derived from Butler, Nietzsche, and certain German Romantics; but to the extent that Stone maintains the primacy of sexual duality, her revision fails to address the claims of multiplicity on their own terms. In this paper, I interpret a passage from Marcel Proust's novel, Sodom and Gomorrah, in order to develop an alternative theory of sexual difference in which sexual duality is affirmed in relation to a third, unsexed but sexual force which multiplies the possibilities for sexual pleasure beyond heterosexual coupling. Proust's emphasis on sexed ``parts'' rather than sexed morphologies is generative of maximally diverse combinations, all of which are equally natural and equally enhanced through artifice.

Shame is notoriously ambivalent. On one hand, it operates as a mechanism of normalization and social exclusion, installing or reinforcing patterns of silence and invisibility; on the other hand, the capacity for shame may be indispensible for ethical life insofar as it attests to the subject’s constitutive relationality and its openness to the provocation of others. Sartre, Levinas and Beauvoir each offer phenomenological analyses of shame in which its basic structure emerges as a feeling of being exposed to others and bound to one’s own identity. For Sartre, shame is an ontological provocation, constitutive of subjectivity as a being-for-Others. For Levinas, ontological shame takes the form of an inability to escape one’s own relation to being; this predicament is altered by the ethical provocation of an Other who puts my freedom in question and commands me to justify myself. For Beauvoir, shame is an effect of oppression, both for the woman whose embodied existence is marked as shameful, and for the beneficiary of colonial domination who feels ashamed of her privilege. For each thinker, shame articulates the temporality of social life in both its promise and its danger

: Drawing on Adriana Cavarero's account of natality, Guenther argues that Martin Heidegger overlooks the distinct ontological and ethical significance of birth as a limit that orients one toward an other who resists appropriation, even while handing down a heritage of possibilities that one can—and must—make one's own. Guenther calls this structure of natality Being-from-others, modifying Heidegger's language of inheritance to suggest an ethical understanding of existence as the gift of the other

In ‘L'Animal que donc je suis’, Derrida analyzes the paradoxical use of discourses on shame and original sin to justify the human domination of other animals. In the absence of any absolute criterion for distinguishing between humans and other animals, human faultiness becomes a sign of our exclusive capacity for self-consciousness, freedom and awareness of mortality. While Derrida's argument is compelling, he neglects to explore the connection between the human domination of animals and the male domination of women. Throughout ‘L'Animal’, Derrida equivocates between ‘man’ and ‘humanity,’ and between the biblical figures of Ish and Adam. In so doing, he repeats a gesture that he himself has insightfully criticized in other philosophers, such as Levinas. By articulating the distinctions that Derrida elides, I suggest a way of reading Genesis which avoids this difficulty, but also continues Derrida's project