A creature legally dead while biologically still alive

this analysis by slavoj zizek in today's nyt is very, very good... let me say that again - very, VERY good...

While the scope of Mr. Mohammed’s crimes is clear and horrifying, it is worth noting that the United States seems incapable of treating him even as it would the hardest criminal — in the civilized Western world, even the most depraved child murderer gets judged and punished. But any legal trial and punishment of Mr. Mohammed is now impossible — no court that operates within the frames of Western legal systems can deal with illegal detentions, confessions obtained by torture and the like. (And this conforms, perversely, to Mr. Mohammed’s desire to be treated as an enemy rather than a criminal.)

It is as if not only the terrorists themselves, but also the fight against them, now has to proceed in a gray zone of legality. We thus have de facto “legal” and “illegal” criminals: those who are to be treated with legal procedures (using lawyers and the like), and those who are outside legality, subject to military tribunals or seemingly endless incarceration.

Mr. Mohammed has become what the Italian political philosopher Giorgio Agamben calls “homo sacer”: a creature legally dead while biologically still alive. And he’s not the only one living in an in-between world. The American authorities who deal with detainees have become a sort of counterpart to homo sacer: acting as a legal power, they operate in an empty space that is sustained by the law and yet not regulated by the rule of law.

his bottom line...

This is why, in the end, the greatest victims of torture-as-usual are the rest of us, the informed public. A precious part of our collective identity has been irretrievably lost. We are in the middle of a process of moral corruption: those in power are literally trying to break a part of our ethical backbone, to dampen and undo what is arguably our civilization’s greatest achievement, the growth of our spontaneous moral sensitivity.

i believe that people are fundamentally good... i also believe that we all are exposed, consciously or unconsciously, and, some would say, deliberately, to a daily barrage of input that deadens our sensitivities, represses our natural empathy, and inures us to pain and suffering... this is a terrible tragedy, one which we must all struggle to change... and it's for nothing less than to save our collective souls...

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