从缅甸警察酷刑叙事解读霍布斯的《君主》

Nick Cheesman
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引用次数: 2

摘要

2012年整个2月,缅甸中央监狱的一个法庭记录了一名被告被警察严刑逼供的叙述,警察要他承认两年前的一起爆炸案。这一记录是如何实现的?关于警察虐待者与给予他们权力的政治团体的关系,叙述揭示了什么?根据阿甘本的直觉,在暴力发生的时刻,警察占据了一个与君主对称的区域,因为他以公共秩序的名义使用暴力是正当的,我认为在这种情况下,警察酷刑的描述可以用霍布斯的归因行为理论来解释。就像霍布斯的君主一样,缅甸警察有权决定何时以及如何代表国家对被拘留者使用暴力。被告后来能够向法官叙述他所遭受的酷刑,只是因为他没有资格向主权警察提出索赔,而主权警察是他本人作为政治共同体的一员授权的。具有讽刺意味的是,他的叙述之所以有可能被记录下来,正是因为他的主张没有效力。
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Reading Hobbes’s Sovereign into a Burmese Narrative of Police Torture
Throughout February 2012, a court sitting at Myanmar’s central prison recorded a defendant’s narrative of torture by policemen to have him confess to a bombing two years prior. How was this record made possible? What does the narrative reveal about the relationship of police torturers to the political community giving them authority to act? Working from Agamben’s intuition that in the moment of violence the policeman occupies an area symmetrical to the sovereign, inasmuch as his use of violence is justified in the name of public order, I suggest the account of police torture in this case can be explained in terms of Hobbes’s theory of attributed action. Like Hobbes’s sovereign, the Burmese policemen had the prerogative to decide when and how to use violence against the detained subject on behalf of the state. That the defendant could later recount to a judge the torture done to him was only because he lacked standing to lay claims against sovereign police, who he himself, as a member of the political community, had authorised. Ironically, the record of his narrative was possible precisely because his claims were without efficacy.
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来源期刊
CiteScore
0.50
自引率
0.00%
发文量
9
期刊介绍: The Asia-Pacific Journal on Human Rights and the Law is the world’s only law journal offering scholars a forum in which to present comparative, international and national research dealing specifically with issues of law and human rights in the Asia-Pacific region. Neither a lobby group nor tied to any particular ideology, the Asia-Pacific Journal on Human Rights and the Law is a scientific journal dedicated to responding to the need for a periodical publication dealing with the legal challenges of human rights issues in one of the world’s most diverse and dynamic regions.
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