The Material Pollution of Accountability & Commemoration- [electronic resource]
The Material Pollution of Accountability & Commemoration- [electronic resource]
- 자료유형
- 학위논문파일 국외
- 최종처리일시
- 20240214101228
- ISBN
- 9798380848107
- DDC
- 100
- 저자명
- Durr, Breond.
- 서명/저자
- The Material Pollution of Accountability & Commemoration - [electronic resource]
- 발행사항
- [S.l.]: : Harvard University., 2023
- 발행사항
- Ann Arbor : : ProQuest Dissertations & Theses,, 2023
- 형태사항
- 1 online resource(104 p.)
- 주기사항
- Source: Dissertations Abstracts International, Volume: 85-05, Section: A.
- 주기사항
- Advisor: Shelby, Tommie.
- 학위논문주기
- Thesis (Ph.D.)--Harvard University, 2023.
- 사용제한주기
- This item must not be sold to any third party vendors.
- 초록/해제
- 요약These three chapters focus on the material pollution of two kinds of environments: penitentiaries and commemorative spaces. The notion of material pollution is meant to capture the idea that there are aspects of the built-environment in these two settings that make them unsuitable for use, insofar as they can undermine either an individual or group's social status, or psychosocial well-being. While the three chapters are unified by the notion of material pollution, their approach differs in virtue of the project's interdisciplinary nature. The first two chapters take up legally relevant questions and thus draw on case law as well as work in legal and political philosophy. The second and third chapter overlap, insofar as they both focus on questions of symbols and icons, and thus draw on work at the junction of the architectural history, philosophy of architecture, and political theory.The first chapter, "A Meaningful Opportunity to Attain Release," locates itself in a series of Supreme Court holdings on waived juveniles-i.e., juveniles transferred from the juvenile court into the criminal court. i There, the Court narrowed the range of sentences waived juveniles are eligible for by exempting the class from two kinds of penalties-capital punishment and mandatory life without parole. The Court reasoned that because of their comparative immaturity and irresponsibility, susceptibility to peer pressure, and transitory character, a correspondence between the nature of a crime and the character of an adolescent is less supportable than it is in the case of adults, regardless of the crime's nature. For from a moral point of view, there is, generally, a greater possibility that the character of adolescents will be reformed. As a consequence, whatever sentencing scheme any particular state develops for waived juveniles, it must include a meaningful opportunity for release based on demonstrated maturity and rehabilitation.These holdings have helped spur research in two general directions. On the one hand, given the Supreme Court's idiosyncratic understanding of development and its relationship to blameworthiness, some have called into question whether the research the Court draws on supports the conclusions that they ultimately reach. On the other hand, some have taken the Court's conclusions on the relationship between development and blameworthiness and sought to either elucidate its implications for legal practice, or extend those protections to young adults.Neither avenue offers an extended consideration of the Court's reasoning. The first chapter fills that lacuna by taking up a tension in the Court's holdings. While the Supreme Court has mandated that state sentencing schemes must grant waived juvenile offenders a meaningful opportunity for release based on demonstrated rehabilitation and maturity-what I term the developmental opportunity requirement-I argue that merely requiring an assessment at some later point during one's sentence does not amount to a meaningful opportunity, insofar as the environment can actively undermine one's chances at demonstrating the required maturity and rehabilitation.Instead, we must draw out a second sense of opportunity at work in the Court's holdings, what I term attainment opportunity. Accounting for the notion of attainment opportunity requires recognizing the relationship between cognition and the environment. Once we take an embedded approach to development, we can distinguish between satisfaction of the developmental opportunity requirement in strong and weak senses. Satisfaction of the developmental opportunity requirement in the weak sense ought to be rejected in virtue of its interference with the aims of the requirement. Instead, we ought to opt for the strong interpretation of the requirement, which recognizes the need for restrictions on the kinds of environments waived juveniles can be incarcerated in.The second chapter of my dissertation, "The State, Defamation, and Democratic Atmospheres," focuses on the commemorative practices of democratic nations, in particular statesponsored monuments. Previous engagements with the commemorative infrastructure of nations have addressed questions such as when and why monuments prove objectionable, the nature of that objection, and what the societal response should be in the face of objectionable monuments. Building on that line of thought, I argue that denizens of democratic societies ought to have at least one minimal expectation of the visible environment, namely that they can lead their lives without encountering enduring manifestations of group defamation that deny their standing as social equals and bearers of the full range of constitutional entitlements-i.e., whatever else a democracy should look like, its appearance should not suggest that the locale in question does not give all of its constituents their due dignity.One way in which the dignity of democratic denizens can be undermined by the visible environment is through monuments that communicate a government endorsement of group. (Abstract shortened by ProQuest).
- 일반주제명
- Philosophy.
- 일반주제명
- Law.
- 키워드
- Pollution
- 키워드
- Environments
- 키워드
- Symbols
- 키워드
- Icons
- 기타저자
- Harvard University African and African American Studies
- 기본자료저록
- Dissertations Abstracts International. 85-05A.
- 기본자료저록
- Dissertation Abstract International
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