The Safety and Justice Challenge

John Mccaffary Burial MemorialIn Ethics and Infinity, philosopher and Nazi prison survivor Emmanuel Levinas is asked about responsibility for “the Other” and says, “You know that sentence of Dostoyevsky: ‘We are all guilty of all and for all men before all, and I more than the others’. This is not owing to such or such a guilt which is really mine, or to offenses that I would have committed; but because I am responsible for a total responsibility, which answers for all the others and for all in the others, even for their responsibility. The I always has one responsibility more than all the others.”

I was a third-year law student in a seminar on Law and Theology when I read that passage and wrestled with it. The philosophical writings of the Jewish Holocaust survivors and of German Christian writers, such as Dietrich Bonhoeffer, who suffered under the Nazi regime examined the obligation of the individual in relation to others and the state. Levinas was asserting an extraordinarily expansive (and I thought at the time unrealistic) ethical obligation of the person in relation to the other: to be wholly responsible for seeing and uplifting the human dignity of others, even if there is no reciprocity. Is it possible to secure safety and to render justice to the idea of human dignity at the same time?

At that stage in my education, I had already worked with prisoners as a law student in a clinic, so I had some sense how dehumanizing a jail or prison is to the people locked inside. I had also worked in a prosecutor’s office directing people into the prison or jail system and could understand why some people had to be removed from the community. Both experiences shaped my professional views.

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The Worst Places in America

person sitting in wheelchair in empty nursing home hallwayNumerous social commentators have noted how the pandemic has hit the least powerful and prosperous parts of the population the hardest.  Infections, hospitalizations, and deaths have been disproportionally high among the poor, people of color, recent immigrants, Native Americans, and the elderly.

The pandemic has also underscored the worst places to work and live, with the pejorative “worst” referring to the way certain places weigh heavily on the body, mind, and spirit.  These places are not only individualized but also organized into types and categories.  I nominate three types of places as the worst in the United States:  prisons, nursing homes, and food processing plants.

Media accounts have reported at length on how COVID-19 has ravaged prison populations, but prisons were undesirable places long before the virus arrived.  The nation has in general abandoned any commitment to rehabilitate inmates, and prisons have deteriorated into demeaning, dangerous warehouses.  Diseases and medical problems are four to ten times as common as they are in the general population, and the Prison Policy Initiative and Wisconsin Department of Corrections estimate that 42% of the state’s inmates suffer from one or more mental illnesses.   According to the prominent sociologist Jonathan Simon, most of the nation considers prison inmates to be “toxic waste” of a human variety and thinks of the people who run the prisons as engaged in “waste management.”

Nursing homes have been the places in which 40% of COVID-19 fatalities have occurred, and some of the most excruciating pandemic scenes have involved distraught friends and relatives saying goodbye to confused and dying residents through tightly-sealed windows.

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Ireland Reflections 2020 – Dublin – Going to Jail & Guinness

As lots of good Sundays do, our Sunday morning in Dublin began with a drive. The group rode through Dublin’s Phoenix Park with the opportunity to view Áras an Uachtaráin – the President’s home–which was quite lovely.   And then we went to visit the historic Kilmainham Goal.

Kilmainham Gaol in Dublin, IrelandKilmainham Gaol is a prison in Dublin that operated from 1796 to 1924.  Austin Malinowski recalls that “once inside the walls, the beautifully constructed building changed into a cold harsh place that was no doubt meant to house prisoners. The building was freezing cold and consisted of brick and metal. The cells were small, as were the entryways (watch your head!)” He remarked “there was a clear focus on pounding the fear of God into these men, which is reflective of the Irish ties to Catholicism and Christianity in general. Faith seemed to be the focus even ahead of punishment, which was unusual to see for an American.” As we walked the halls of the prison, we were reminded of the people who made Ireland what it is today. Austin noted seeing “the cells of people like Countess Markievicz and Eamon de Valera, and I truly felt a sense of pride to be surrounded by the ghosts of these revolutionaries.”

Student Jordyn Janikowski remarked that “in addition to many well-known political prisoners, the prison housed numerous average men, women, and children whose crimes ranged from theft to murder. Although it initially seemed obvious that all of the convicts that went to Kilmainham deserved to serve time for their crimes, some of the stories shed a different light on the prisoners.” She added that throughout the tour, “we heard stories of young children who were jailed for stealing food during times of famine, political prisoners who were brutally executed, and prisoners who had to perform hard labor for hours on end.” Jordyn was left with the lasting impression that “the tour of Kilmainham Gaol served as a reminder that all individuals, even prisoners, deserve basic human rights.”

Our day ended on a lighter note with the much-anticipated visit to the Guinness Storehouse.

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