Bodily Security Research Articles

Infrastructures of Overlordship: Law, Labor Camps, and the Material Geographies of Servitude

This article examines how the law codifies infrastructural risks into the farm–labor relation, subjecting farmworkers living in U.S. migrant labor camps to conditions considered illegal in otherwise similar residential geographies. To do so, it explores how the labor camp operates as an infrastructure to maximize harvest, arrange labor availability, and embed overlordship—the power to direct other human potentialities through control of their total environment—in a contained geography wherein access to water, shelter, and bodily security is conditional on the employment relation. Using case law pertaining to labor camps in New York, it analyzes the racializing effects of mundane technicalities such as how heating and water systems are inspected, sanitary code is enforced, and housing is classified. Building on insights on infrastructural forms of racial power, it shows how housing and utility systems cement overlordship into the operational landscape of U.S. agriculture and food systems via both the broader immigrant surveillance apparatus and farmworkers’ exclusion from the common-law protections “ordinary” tenants enjoy, such as locally enforced building codes and safety standards. It finds that geographic isolation, infrastructural disconnection, and uneven code enforcement materialize “a pattern of physical restraint” and “real or threatened harm,” components of the legal definition of involuntary servitude. In doing so, it (1) advances a theory of racial overlordship as an infrastructural relation maintained via uneven standards of human treatment, (2) traces the material durability of postemancipation racial overlordship into the present, and (3) demonstrates the powers of camps to variably confine and banish disposable workers.

INTEGRAL SECURITY OF AIR TRANSPORT

The paper presents the authors’ view on one of the most important issues of civil under current conditions – ensuring of civil objects. The authors understand aviation security in terms of the definition given in the Air Laws and Regulations. The authors consider it possible to speak and use nothing but the term aviation security since the term introduced relatively recently, does not fundamentally contradict the term aviation security insofar as it concerns civil aviation. An original approach of the authors to the functional-essential understanding of air transport is proposed. The approach is based on the analysis of sufficiently new security-related terms that have not been used so far in air transport studies. It is bodily security, common and indivisible security. As a result of the implemented study, the authors propose a new term: integral air transport security. Besides, the authors give the definition of integral term, structure the term and provide an analysis of the functional relationships of the structure elements. The statement of the issue of modeling the (danger) of the object in the format of a hypothetical field that represents some state of the environment as a space is presented. It is shown that the methodology of the study of integrated is reduced to assessing level and deciding the issue of its acceptability. For this reason, it is necessary to solve the issues of formalization and modeling. The authors believe that the mathematical apparatus of the theory of boundary value problems, that are described by a system of partial differential equations, is the most adequate for formalization out of the many methods that field theory offers.

Reclaiming Proportionality (Society for Applied Philosophy Annual Lecture 2016)

Reclaiming Proportionality (Society for Applied Philosophy Annual Lecture 2016)

Introduction to Symposium on the International Legal Obligation to Criminalize Marital Rape

AJIL Unbound is pleased to publish a symposium on the obligation of states under international law to criminalize marital rape. The lead essay by Melanie Randall and Vasanthi Venkatesh, Criminalizing Sexual Violence against Women in Intimate Relationships: State Obligations Under Human Rights Law, argues that international law requires the criminalization of sexual violence against women within marriage (and other intimate relationships), and that such criminalization should constitute a central element of the human rights agenda for achieving gender equality. The authors contend that the failure to criminalize sexual violence perpetrated by a husband or other intimate partner violates the rights to liberty, autonomy, self-determination, and bodily security and “creates a class of women with lesser legal rights.” According to the authors, international human rights law imposes a due diligence obligation to punish acts of violence against women even when perpetrated by private persons.This initial round of responses includes contributions by Professor Robin West of Georgetown Law and Professor Julie Goldscheid of CUNY Law School.

Vindicating the right to bodily security of the incapable in research – Part 2

<p>The Mental Capacity Act 2005 generally exhibits a stronger ethos of protecting the incapable in intrusive research than the last but one version of the Bill. However, sections 31(5) and 6 of the Act replicate clauses 31(4) and 31(5) of that version. As I noted in Part 1 of this article, these clauses are difficult to reconcile with the primary principle. Here I examine what effect, if any, they will have both on the process of authorising research projects involving intrusive research upon the incapable adult and on the ultimate use of the incapable adult in such research. This will involve analysis of the Act’s provisions in the light of both ordinary rules of statutory interpretation and the interpretative obligation imposed by section 3 of the Human Rights Act 1998.</p>

Vindicating the right to bodily security of the incapable in research – Part 1

<p align="LEFT">The concept of a right to bodily security centres partly on freedom from being forced to do things with one’s body and freedom from intrusion on it. Restriction of this right can be consistent with respecting individuals but seemingly only where its exercise would clash with their own interests or the rights of others. In spite of this, restriction founded on meeting the mere needs of others has been a persistent feature of discourse, law and practice in a number of fields, not least research where it is often targeted at incapable persons.</p>

Vainglory, Modesty, and Political Agency in the Political Theory of Thomas Hobbes

AbstractHistories of political theory have framed the story of the emergence of sovereign states and sovereign selves as a story about secularization—specifically, a story that equates secularization with self-deification. Thomas Hobbes's investment in modesty and humility demonstrates the need for, and the possibility of, an alternative secularization narrative. Scholars have long insisted that “vainglory” is a key term for the interpretation ofLeviathan. But Hobbes's task is not complete once he has discredited vainglory. Hobbes must also envision, and cultivate, contrary virtues—and modesty is one virtue that Hobbes would cultivate. An analysis of Hobbes's attempt to redefine and rehabilitate the virtues of modesty shows that Hobbes warns against the temptation to self-deification. InLeviathan, the political task is not to enthrone humans in sovereign invulnerability, but rather to achieve the right balance between bodily security and consciousness of finitude.

Mediating crime, mediating culture: Nationality, femininity, corporeality and territory in the Schapelle Corby drugs case

This article uses the arrest and conviction of Australian Schapelle Corby (for smuggling drugs into Indonesia) to articulate and explore the mediation of criminal `events' across borders, bodies and technologies. As such, connections are drawn to the resurgence of nationalistic and neocolonial discourses within the contexts of globalization and the `war on terror'. Working at the intersections of gender, race, border control and national identity, the Corby phenomenon is taken as a political drama of visuality and nationality that equates bodily security with regional integrity. Thus this article necessarily tracks the persistence of the body of the white female as a unit of currency in the aggressive adherence to historical tropes of nationalism. The mediation of Schapelle's `criminal' body is shown to deploy a corporeal lexicon of terror through which the celebrity prisoner articulates tensions and changes in bilateral relations with Indonesia.

Minimalism About Human Rights: The Most We Can Hope For?

The 1948 Universal Declaration of Human Rights presents one such more ambitious agenda. Its account of human rights extends well beyond minimalist assurances of bodily security, to comprise rights associated with the rule of law, political participation, work, education, and culture. response to the criticism that minimalism is simply a political strategy—and not an especially plausible one—for defusing authoritarian objections to human rights by reminding authoritarians that they do not have to do very much to stay in compliance, Ignatieff denies that minimalism is simply strategic. The central idea of justificatory minimalism is that a conception of human rights should be presented autonomously: that is, independent of particular philosophical or religious theories that might be used to explain and justify its content. a collection on Confucian Traditions in East Asian Modernity, Tu Wei-ming says about Confucianism: that In its political philosophy the Confucian tradition lacks concepts of liberty, human rights, privacy, and due process of law.

Self-Incrimination: What Can an Accused Person Be Compelled to Do?

In the course of criminal investigations and criminal prosecutions it frequently becomes important, or at least desirable, to require an accused person to perform some act or to submit to what might be termed an invasion of his bodily security. The usual situation arises from attempts to effect an identification of the accused, or to ascertain from an examination of his body certain facts tending to establish his guilt or innocence as a criminal offender. In such instances, to what extent does the constitutional privilege against self-incrimination afford protection to accused persons? A discussion concerning the scope and limitations of the privilege against self-incrimination necessarily involves a consideration of its history and of the policy which justifies its existence. Of this, however, only a brief treatment is necessary for our present purpose. The principal objective of this paper is to present a review of pertinent legal decisions, analyzed and discussed under various classifications based upon factual situations. These classifications, however, are offered merely for the convenience and interest of the reader and not as any indication that each group of cases warrants the application of a different legal principle in interpreting the constitutional privilege.

Crime in the Cities: Improving the Administration of Criminal Justice

For these people-that is, for the 70 percent of Americans who live in cities-freedom is threatened most of all by the spreading incidence of crime. The most elementary freedoms of allagainst arbitrary interference with one's bodily security or property are in growing jeopardy. As a result, a deepening concern over law enforcement pervades urban society-in the ghettoes of Harlem no less than in the row houses of Queens. This concern is justified, for fear and freedom go ill together. In the past five years alone, the rate of serious crimes reported across the country has risen by over one-third. Even allowing, as we should, for improved crime reporting methods, the problem is grave. On an average day in the United States in 1965, a robbery occurred every five minutes, an aggravated assault every three minutes, and a car theft every minute. And there are indications that many more such crimes go totally unreported and are therefore not reflected in these statistics. Concern over crime in cities is of course not new.