Indefinite Detention is Morally Unjust

This weeks food for thought focuses on the merge of sovereignty and govern mentality and the on concept of counter- law or laws that are against the law.  When defining counter-law it is said to be the laws that oppose and mitigate the effects of by contrary action.

The theorization of the Kingston Immigration Holding Centre presented by Larsen and Piche differs from Agamben’s theorization. Larsen and Piche believe that these new holding facilities, or camps, are “the product of a series of decisions designed to functionally blur the spaces of the camp and the prison while maintaining their technical distinction.” Larsen and Piche are against the notion of security certificates which is a mechanism in which the Government can detain and deport foreigners and all other non-Canadian citizens back to there home town. Larsen and Piche believe that “In at least one respect, prisons are like superheroes: you can learn a lot about their purpose, character, and abilities by figuring out their ‘origin stories.’” With that being said, Larsen and Piche have strong views within there ideal institutionalization. They believe that the primary focus the exceptional practices and organizational mandates.

In Agamben’s theorization of camp it was seen more as a refugee camp, it wasn’t just. People are treated as slaves.

In my opinion I believe that indefinite detention in Canada is unjust and wrong for that natter. I understand there are national security precautions that the Government must seize, but to hold one of his or her rights because of “liabilities/concerns” is not right. When non-citizens are detained against no alleged crime and are being detained for no apparent reason it takes away from what Canada promotes on democracy and human rights. However, I also believe if they have committed a crime or have done wrong they should be able to take it to court/ trial. To hold someone against their rights it’s morally unjust and something the Canadian democracy and human rights are not about.

References:

– Pavlich, G. (2011). Law & Society Redefined. Don Mills, Ontario: Oxford University Press.

– Larsen, M. and Justin Piché. Exceptional State, Pragmatic Bureaucracy, and Indefinite Detention: The Case of the Kingston Immigration Holding Centre.

Advertisements

1 Comment

Filed under Musing

One response to “Indefinite Detention is Morally Unjust

  1. I do not understand what you mean by “When defining counter-law it is said to be the laws that oppose and mitigate the effects of by contrary action.”

    Could you elaborate?

    This, also is difficult to parse:

    “Larsen and Piche believe that “In at least one respect, prisons are like superheroes: you can learn a lot about their purpose, character, and abilities by figuring out their ‘origin stories.’” With that being said, Larsen and Piche have strong views within there ideal institutionalization. They believe that the primary focus the exceptional practices and organizational mandates.”

    The quote you open with is not from the CJLS article, but from my Prism article written on the occasion of the closure of the KIHC. The quote is meant to emphasize the importance of exploring the history of a structure or practice, in order to make sense of its legal character.

    Generally, this post would benefit from expansion and clarification.