Revised Annotations

Consistent comparisons with colonialism and the analysis of the Nuremberg Trials expands the debate as to how justice should have been served. Mamdani, in his book “Neither Settler nor Native,” calls out all the international authorities on how they should have regarded the Nuremberg trials, and the lack of consideration to penalize themselves. A term frequently used is “Victor’s Justice”, which is when the winning party is opposition justice on the losing party, although only the losing party’s actions were punished; correlating to the paper as America had committed greater evils, all the while Germany is the only country to blame for the entirety of World War II. Even in modern day, society only seems to remember the German side and not the American lack of accountability. Mamdani writes that some ideologies Hitler placed on the Jewish people were based off of the blatant racism America allocated for the African Americans. In a sense, it can make an American presently shocked by the treatment of the Germans, and the failure for America to account for itself, but also at the created punishments to penalize the Germans. The question as to whether ex post facto laws should be used when criminalizing the guilty delves into the concept of justice ‘served’ at the Nuremberg trials, something Mamdani states was not accomplished.

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Sarah Brayne’s introduction to her book “Predict and Surveil” offers a lot of insight to the extent of surveillance, especially when discussing gathering information. Something I took a big note of when I was reading was the firsthand field work through exploratory interviews with different police officers, and both the advantages and drawbacks of this type of research. The Blue Wall of Silence, which makes it hard for researchers to access the ability to obtain in-depth information about typical police practice; which Brayne dodged by building relationships with the department to progress from once formal interviews to getting invited to come to different police meetings. I also found that Sarah Brayne could not outwardly say any of their names, and that they had to all have a pseudo name to be a bit suspicious. Compared to other books we have read the introduction of only, none have intrigued me like this one-I think the secrecy behind a police officer’s job and the distance Brayne had to go to achieve a detailed book compels me to read. Surveillance, in the same form, as a reader I want to delve into the life of the people who spectate me daily. A reverse panopticon is the effect of this reading, and throughout I wanted retribution for the mere concept of panopticism to begin with.

The documentary “Long Journey’s Night into Day” encapsulates a more realistic approach to justice, through the usage of interrogation and amnesty. Throughout the documentary, we scope out different situations and how exactly the perpetrators either feel remorse or confess their crimes coldly. A situation that stuck out the most was the last scene, where a black policeman, Robert McBride, murdered 3 other black men. The mothers chastised the man, screaming and pleading to McBride as to what his motive was. Especially at the time of peak apartheid, he was left speechless and experienced nothing short of embarrassment and regret. To me, this proved how impactful and successful the Truth and Reconciliation Commissions were, as they managed to provide the women with more clarity. Also, unlike the Nuremberg trials, these trials were able to give a voice back to the victim’s families and let them decide if the amnesty should be given. The scene was incredibly tense, but in the end the mothers forgave McBride: reasoning as he is still a young man and he has life to live, while their sons’ lives had stopped. I believe that the TRCs would only work for those who are willing to forgive, and fortunately the mothers were willing to understand the policeman’s rationale and accept it, while continuing to grieve their sons.

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Prior to watching the documentary Ethnic Notions, I had no idea the full extent of African American mistreatment in society until I learnt about minstrelsy. It soon became a fascination of mine to analyze every single stereotype they would mention in the film, and digest why that would be so. The first was M*mmy, an older lady who was often depicted to be bigger, who enjoys being a housekeeper for white families and is often described to like her employers children more than her own. Unlike woman in the media around this time, a m*mmy was never described as sexual as it could threaten social order. The other one I wanted to mention was the happy s*mbo, a figure that was represented as docile and lazy. They were said to be content and happy with the position they were in, meant to spread propaganda that slavery was beneficial. If not, the African Americans would be uncivilized, being a happy s*mbo showed that they were properly in their place as slaves. It was blatant reappropriation, the mocked mocking the mocker. These and other derogatory terms in the documentary struck me; not only that words have power, but weaponizing a culture while undermining the ones who spread it.

In the legal landmark of United States v. Jones, the definition of privacy undergoes a critical transition from a physical, property-based right to a complex, digital-era expectation. Justice Scalia’s majority opinion revitalizes the “trespassory test,” grounding privacy in the physical sanctity of “personal effects.” By framing the unauthorized GPS installation as a physical intrusion into private property, the Court anchored Fourth Amendment protections in 18th-century common law. Something I find most concerning about the unanimous ruling is the fact that it does not directly align with the Fourth Amendment, not because it is an intrusion of privacy. The concurring opinions of Justices Alito and Sotomayor expand this definition, shifting the focus toward a “reasonable expectation of privacy” in an era of constant connectivity. Alito highlights that the sheer duration and depth of 24/7 monitoring transform a series of public movements into a private narrative that society is not prepared to leave unprotected. Sotomayor’s concurrence goes further, warning of a ‘digital panopticon.’ I find the continuous references to the panopticon to shift my mindset of how prominent it is in our society nowadays. She argues that the “third-party doctrine,” which suggests privacy is waived when data is shared with service providers, is increasingly inapt as digital participation is no longer truly voluntary.

On page 58-59, there is a two-page spread of a drawing that resembles a skeleton of a wooly mammoth, with a train smushing it to oblivion. There appears to be intestines on the bottom of the track, fire on the floor, and vines protruding out of the skeleton with burning buildings in the background. The cartoon itself, titled “Seven Miles a Second,” is an autobiography written by David Wojnarowicz describing his life dealing with the AIDS disease, and I interpret the picture to semble the body as a failing machine. Wojnarowicz often used mechanical and animalistic metaphors to describe the physical sensations of illness. The mammoth-locomotive combination represents a body that has become ‘heavy,’ ‘ancient,’ and out of his control. The text describes his limbs feeling ‘thousands of miles long,’ capturing the alienating exhaustion and the exertion required just to move when the body is failing. Another statement integral to interpreting the piece is the notion he calls the world ‘walking swatsikas yap-yapping cartoon death language,’ which I believe to be a direct reference to his political rage. Wojnarowicz was famously vocal about the government’s indifference to the AIDS crisis, viewing the social and political structure of “civilization” as a hateful, yapping cartoon that was crushing the individual.

The concept of nomos shapes Robert Cover’s argument in “Nomos and Narrative,” law shapes society and our own interpretations of the world around us shapes the way we interpret law. Law in a sense is an accumulation of cultural and human interpretations, and it divides the way society respects formal laws. Cover points out that legal systems are intertwined with narratives from the stories among us, and that without them laws are rendered useless. The nature of nomos and narrative together is highly emphasized in the text, with the notion that nomos represents the normative law and the narratives represent the stories behind the laws. Commitment is also mentioned, and it depicts the vision of a future world we strive to achieve. In order to create a productive society, laws must be followed to an extent, and Cover argues that legal interpretations are not complete without the reinforcement of them-either through violence or the threat of it. Violence is an incredibly powerful measure and demonstrates commitment through fear. Cover insists that violence is intrinsic to the nature of formal, state law, and that this connection is profoundly problematic and destructive. Though problematic, force and violence demonstrates the destruction of legal interpretation and disrupts community interpretation.

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Reading Danielle Sered’s paper, “Until We Reckon,” really resonated with my personal morals, but also how I view justice and the restoration of the justice system, and my portfolio. While my utopia Arca’s legal system often defaults to a “one-size-fits-all” model of punishment, condemning any wrongdoing to be eliminated from society, Sered argues that this approach fails the very people it claims to protect. The four traditional pillars of punishment (deterrence, rehabilitation, incapacitation, and retribution) reveal a systemic misalignment. Retribution, or punishment for the sake of punishment, often consumes the other three, creating an environment that is counter-rehabilitative. The current reliance on incarceration ignores the reality that removing an individual from their community rarely addresses the root cause of the harm; instead, it frequently intensifies the issues, effectively creating crime by depriving individuals of the help and education necessary for growth. Restorative justice offers a radical alternative by shifting the focus from the perpetrator’s debt to the survivor’s healing and the community’s safety. By identifying a ‘pathway toward repair,’ rather than a pathway toward a cell, this model acknowledges that a bad action does not define a human being’s entire capacity for contribution. My idea of justice, therefore, is not found in the uniform application of state-sanctioned harm, but rehabilitative processes that prioritize accountability and racial equity over the lapses of incarceration. This model suggests that to achieve safety, we must move beyond simple punishment and toward the structural restoration of the individual.

The argument that Singer produces in “Famine, Affluence, and Morality” is the utilitarian approach, stating that an action should be done if it can be completed without sacrificing anything of similar moral importance. The discussion between duty or charity in Singer’s paper deliberates around the meaning of obligation, and its reflection of moral character. This sticks out to me as the central frame of the paper, by depicting different examples of each side and other characteristics that could impact the obligation to help out. The considerations of proximity when dealing with supporting distant third-world countries is an aspect I had never examined before Singer points it out, strengthening his claims of ignorance towards the general public. Introspection into this piece offers a gravity to the lack of support to causes that might need the funding, and begs the question of a real want or primal need. Further examination involves the public mirrors each other in a sense, and without members of society typically giving philanthropy, no one is inclined to do so themselves. Defining terms such as duty and charity strive to prioritize what society should do to function more efficiently. As is the goal of the utilitarian perspective, to emphasize efficiency while creating little to no inhumane risks.

Dante’s depictions of the hellscape in the divine comedy “Dante’s Inferno” brings forth a spiritual guide for humanity, making those who read consider what type of actions could lead them to an untimely fate. Canto 11 prods Virgil to explain what exactly Dante is faced with, describing the first circle and its intricacies. The phrase ‘fraud gnaws at every conscience’ is used, and it delivers the notion that some of those in this representation of Hell do feel remorse. For many who serve the rest of their lives in Hell, they seem prideful of their crimes and have no issue telling Dante of their stories, and why they would do it again. It instills the justified apathy Dante later exhibits, but in the beginning, Dante feels sorrow, which can be explained when those stuck in limbo have forever to look upon their actions. Actions that cost them their eternal spirits. It poses the question for if contrapasso works for every inhabitant of hell, as some seem to display more regret and sadness, nor should anyone be judged for a singular act that cannot define their entire moral character.