I would like to add the context out of which my view on this was formed. i am a lawyer and i work with incarcerated populations- people who are facing criminal charges, people who are currently incarcerated, and people who have been incarcerated and are now out.
first of all, prison is torture, full stop. prisons are the most hopeless pits of misery i have ever set foot in. as soon as you walk in, you hear screaming and banging on bars of cells. and it goes on for hours, and hours, and hours. the stench is also intense because prisoners are often not allowed to shower for days or even weeks. the prisoners themselves, when i spoke to them, were dead eyed or trying not to break down sobbing. iāve read over a thousand letters from prisoners, detailing the food (not nearly enough, crawling with bugs and mold) the abuse (the guards and other prisoners taunt them, rape them, beat them, etc.) the complete lack of autonomy, the constant disrespect, having their few possessions fucked with, their legal papers thrown around their cells, their shit broken, prisoners in wheelchairs being dumped on the ground and laughed at, prisoners having to sit in their own piss and shit for hours, people who have been locked in solitary confinement for the last ten years, gratuitous pepper spraying, only being allowed to go outside once a week in a dog cage, ripping out your own eyes and stomping on them because confinement really can drive some people to horrible acts of self mutilation, getting your medical care in a dirty shower stall on a ripped up old athletic equipment, I really could go on forever. faced with that staggering amount of sheer misery and pain, i realized that nothing could be worth that. no one, regardless of what they did, deserved to be isolated and tortured, especially not for the rest of their lives.
the idea that someone canāt change is what makes cops and judges and prison guards feel justified in locking up people and torturing them. one of the scariest examples of this is the civil commitment of āSexually Dangerous Personsā or SDPs. Civil commitment is the post sentence institutional detention of an offender with the intention of preventing further offenses. in my state, after you commit a sex crime, you serve your sentence and then you are civilly committed and confined indefinitely. It could literally be for the rest of your life because a judge might decide that you arenāt safe to be around other people. forever.
if youāve been convicted of a felony, you are now a āfelonā in the eyes of law enforcement. if you are arrested again, your sentence will be even harsher because you are a tainted person in the eyes of the law. even if youāre never arrested again, life gets so much harder for you. iāve had clients come to me to try to get their criminal records sealed so they can get a better job or get better housing and i canāt help them because only a handful of low level felonies can be sealed in my state. iāve seen so many people break down crying, saying āitās not fair! i committed that crime twenty years ago. iām a different person now. is this really going to follow me for the rest of my life?ā or āiām a different personā or memorably, once āyouāre a different person every ten yearsā and my answer to them has to be yes, because carceral justice demands a life sentence.
carceral justice and civilization go hand in hand. in our civilized society, you donāt intrinsically have rights- you are allowed to have rights. if you violate the law, those rights are taken away from you. Stirner addresses this- he says āThe thief and the human being are in some minds irreconcilable opposites, because one is not truly human when one is a thief; one degrades the human being or āhumanityā in himself when he steals. Falling outside of personal concern, one gets into philanthropy, human kindness, which is usually misunderstood as if it were a love for human beings, for each individual, whereas it is nothing but a love for the human being, the fictitious concept. It is not human beings but The Human Being that the philanthropist carries in his heart. Of course, he is concerned about every individual, but only because he wants to see his beloved ideal actualized everywhereā. I donāt want to place that ideal on everyone. Human beings deserve love and friendship and a chance to change and grow. I donāt want to deny someone that humanity because theyāve failed the ideal that our Christian society has placed upon them.
āFalling out of personal concernā is the most interesting part of Stirnerās quote to me. He asks us why itās our business if someone commits a crime against someone else that we donāt know or care about. When someone violates the Human Ideal, it becomes everyones business to shame or punish that person. This is the bedrock of mob justice, which has been institutionalized, (whether leviathanized human beings want to recognize it or not) into the justice system.
The justice system as we know it functions because there are certain attitudes that are ubiquitous in civilized society that allow maintain and allow it to flourish. One of them, as I have said above, is the refusal to allow people a chance to change. Another is the thirst we have to Punish people. Punishment cannot exist without domination. In striving to live a dominance free life, itās important to also try to live a punishment free one. It is impossible to inflict punishment on someone without dominating them and forcing the punishment on them. And to what end? People still hurt and kill and rape and abuse each other. It isnāt going to help a violent person to be imprisoned or isolated from their community. Denying them their humanity or human connection or material comforts wonāt make them a ābetter person.ā Retribution is not and will never be resolution.
Even if retribution is dealt outside of the carceral system itself, it is still the product of carceral logic, i.e. that this person is Bad and needs to be Punished for the Safety of the Good People. Thatās how we get call outs and vicious rumors and social isolation of āwrongdoersā. That is, as i said before, cop logic. That is the exact same line of thinking that puts people in prison. It has bled into our interpersonal relationships. The other important similarity between carceral logic and itās fractals is who it affects. the people it affects the most or the people āmost likely to be brought to justiceā are those affected by transmisogyny and white supremacy. these are two of the pillars civilization is built on and it completely follows that civilized justice comes down hardest on the bodies we perceive as the āmost threatening.ā even if the person isnāt imprisoned, they can be isolated, and for many people, social connections are necessary to survival. by branding someone as too dangerous for anyone to be around, we can be condemning them to death, or a life that looks a lot like it- a life spent alone, afraid, and isolated.
Finally, I also want to say this- acts of violence are fucking scary. no one wants to be hurt. everyone deserves to live free of free of physical violence. but if iāve learned anything in my time working with prisoners, itās that shit happens. itās easy to pretend weāre all perfectly civilized and would never do anything ālike thatā but canāt you dig deep and remember a time where you really lost control? Wouldnāt you want compassion and understanding, the chance to try to be better? What if your behavior you deeply regretted fell on the other side of unacceptable and you had to accept a life sentence of Evilness that followed you everywhere you went? There is so much more to any situation than āthis person is evilā. Civilization demands we control our bodies, our impulses, our sexualities so we can sit and work and be productive. To demand that kind of perfect self control under threat of lifelong punishment is a symptom of civilization that is hurting and isolating so many people.
victims donāt ever have to forgive someone who hurt them. iāll probably never forgive my abusers. but i refuse to believe that they are doomed to being abusive forever. i never, ever want to see them again, and i think thatās ok, but abusers are abusers because some really bad shit happened to them. itās completely possible that they can heal and grow and have healthy relationships. they wonāt get that chance if they are subjected to large scale call out justice or the carceral system. i want them to have that chance because i would want to have that chance, and i want my clients to have that chance, and i want anyone who can feel love and pain and rage and loneliness and happiness to have that chance. i want to reject cop logic, the suffocating idea of the ideal human being, and resolve conflict in a way that doesnāt involve lifelong stigma and isolation.