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A searing indictment of the American penal system that finds the roots of the recent prisoner abuse at Abu Ghraib and Guantánamo in the steady dismantling of the Eighth Amendment's prohibition of "cruel and unusual" punishment. The revelations of prisoner abuse and torture at Abu Ghraib and more recently at Guantánamo were shocking to most Americans. And those who condemned the treatment of prisoners abroad have focused on U.S. military procedures and abuses of executive powers in the war on terror, or, more specifically, on the now-famous White House legal counsel memos on the acceptable limits of torture. But in The Story of Cruel and Unusual, Colin Dayan argues that anyone who has followed U.S. Supreme Court decisions regarding the Eighth Amendment prohibition of "cruel and unusual" punishment would recognize the prisoners' treatment at Abu Ghraib and Guantánamo as a natural extension of the language of our courts and practices in U.S. prisons. In fact, it was no coincidence that White House legal counsel referred to a series of Supreme Court decisions in the 1980s and 1990s in making its case for torture.Dayan traces the roots of "acceptable" torture to slave codes of the nineteenth century that deeply embedded the dehumanization of the incarcerated in our legal system. Although the Eighth Amendment was interpreted generously during the prisoners' rights movement of the late 1960s and 1970s, this period of judicial concern was an anomaly. Over the last thirty years, Supreme Court decisions have once again dismantled Eighth Amendment protections and rendered such words as "cruel" and "inhuman" meaningless when applied to conditions of confinement and treatment during detention. Prisoners' actual pain and suffering have been explained away in a rhetorical haze--with rationalizations, for example, that measure cruelty not by the pain or suffering inflicted, but by the intent of the person who inflicted it. The Story of Cruel and Unusual is a stunningly original work of legal scholarship, and a searing indictment of the U.S. penal system.
In this original and provocative book, Colin Dayan tackles head-on the inexhaustible world, at once tender and fierce, of dogs and humans. We follow the tracks of dogs in the bayous of Louisiana, the streets of Istanbul, and the humane societies of the United States, and in the memories and myths of the humans who love them. Dayan reorients our ethical and political assumptions through a trans-species engagement that risks as much as it promises. She makes a powerful case for questioning what we think of as our deepest-held beliefs and, with dogs in the lead, unsettles the dubious promises of liberal humanism.Moving seamlessly between memoir, case law, and film, Dayan takes politics and animal studies in a new direction-one that gives us glimpses of how we can think beyond ourselves and with other beings. Her unconventional perspective raises hard questions and renews what it means for any animal or human to live in the twenty-first century. Nothing less than a challenge for us to confront violence and suffering even in the privileged precincts of modernity, this searing and lyrical book calls for another way to think the world. Theoretically sophisticated yet aimed at a broad readership, With Dogs at the Edge of Life illuminates how dogs-and their struggles-take us beyond sentimentality and into a form of thought that can make a difference to our lives.
Abused dogs, prisoners tortured in Guantanamo and supermax facilities, or slaves killed by the state--all are deprived of personhood through legal acts. Such deprivations have recurred throughout history, and the law sustains these terrors and banishments even as it upholds the civil order. Examining such troubling cases, The Law Is a White Dog tackles key societal questions: How does the law construct our identities? How do its rules and sanctions make or unmake persons? And how do the supposedly rational claims of the law define marginal entities, both natural and supernatural, including ghosts, dogs, slaves, terrorist suspects, and felons? Reading the language, allusions, and symbols of legal discourse, and bridging distinctions between the human and nonhuman, Colin Dayan looks at how the law disfigures individuals and animals, and how slavery, punishment, and torture create unforeseen effects in our daily lives. Moving seamlessly across genres and disciplines, Dayan considers legal practices and spiritual beliefs from medieval England, the North American colonies, and the Caribbean that have survived in our legal discourse, and she explores the civil deaths of felons and slaves through lawful repression. Tracing the legacy of slavery in the United States in the structures of the contemporary American prison system and in the administrative detention of ghostly supermax facilities, she also demonstrates how contemporary jurisprudence regarding cruel and unusual punishment prepared the way for abuses in Abu Ghraib and Guantanamo. Using conventional historical and legal sources to answer unconventional questions, The Law Is a White Dog illuminates stark truths about civil society's ability to marginalize, exclude, and dehumanize.
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