Lisa Guenther

This paper offers a close reading of Merleau-Ponty’s Institution Course Notes to reflect on the history of colonisation as both an event and a structure. On the one hand, colonial invasion is a singular cataclysmic event; on the other hand, it establishes legal, social, economic and psychic structures that seem increasingly inevitable the more they are repeated. Likewise, decolonisation may require a singular liberatory event, but it also calls for the (re)establishment of alternative traditions that issue a different “call to follow.” A critical interpretation of Merleau-Ponty in conversation with abolitionist and decolonial thinkers helps to clarify the temporal and political relation between event and structure, building bridges between phenomenology and radical politics.

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.

In “Criminal Empire,” Ojibwe scholar Heidi Kiiwetinepinesiik Stark argues that the criminalization of Indigenous resistance to colonization “averts attention” from the criminality of democratic settler states, which fail or refuse to honor their own legal agreements with Indigenous peoples. This chapter reflects on the implications of Stark’s analysis for the relation between property, dispossession, and liberal democratic state violence. From this perspective, the prison appears not as a correctional institution for individual lawbreakers, but as a spatial strategy for the imposition and enforcement of a colonial legal order and a capitalist property regime. The challenge of decolonization, then, is not just to return stolen land to Indigenous peoples, but also to dismantle the structures of propertied personhood and dispossession that the settler democracy (re)produces through the prison system.

The world as we know it is structured by intersecting forms of systemic violence. It might seem obvious that this violence calls for critique. But this essay experiments with another, more radical possibility inspired by Denise Ferreira da Silva’s Black feminist poethics and by abolitionist refusals of critique as an end in itself and a substitute for collective action. To what extent might phenomenology, even in its most critical form, be so deeply invested in the Kantian tradition of transcendental critique that it confirms the logic of the world as we know it? And how, if at all, might a praxis of phenomenology beyond critique imagine and affirm a poethical world in which entanglement, indeterminacy, and simultaneity generate virtual possibilities for being, knowing, and doing beyond and against racial violence?

What is the meaning of critique for critical phenomenology? Building on Gayle Salamon’s engagement with this question in the inaugural issue of Puncta: A Journal for Critical Phenomenology (2018), I will propose a six-fold account of critique as: 1) the art of asking questions, moved by crisis; 2) a transcendental inquiry into the conditions of possibility for meaningful experience; 3) a quasi-transcendental, historically-grounded study of particular lifeworlds; 4) a (situated and interested) analysis of power; 5) the problematization of basic concepts and methods; and 6) a praxis of freedom that seeks not only to interpret the meaning of lived experience, but also to change the conditions under which horizons of possibility for meaning, action, and relationship are wrongfully limited or foreclosed. While the first two dimensions of critique are alive and well in classical phenomenology, the others help to articulate what is distinctive about critical phenomenology.

In The Body in Pain, Elaine Scarry analyzes the structure of torture as an unmaking of the world in which the tools that ought to support a person’s embodied capacities are used as weapons to break them down. The Security Housing Unit (SHU) of California’s Pelican Bay State Prison functions as a weaponized architecture of torture in precisely this sense; but in recent years, prisoners in the Pelican Bay Short Corridor have re-purposed this weaponized architecture as a tool for remaking the world through collective resistance. This resistance took the form of a hunger strike in which prisoners exposed themselves to the possibility of biological death in order to contest the social and civil death of solitary confinement. By collectively refusing food, and by articulating the meaning and motivation of this refusal in articles, interviews, artwork, and legal documents, prisoners reclaimed and expanded their perceptual, cognitive, and expressive capacities for world-making, even in a space of systematic torture.

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.

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.

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.

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?

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