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1

Blas Ortega, Mariano de. "Cuadros de fusilamientos, ss. xx-xxi. De la mímesis al fantasma". Bellas Artes. Revista de Artes plásticas, Estética, Diseño e Imagen, n.º 15 (2021): 11–32. http://dx.doi.org/10.25145/j.bbaa.2021.15.01.

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This is a study of several visual works under the theme of shooting and war as a drama and as a brutalizing element that begins Goya with his Third of May 1808. The common thread is the mimesis of the formal elements in different arguments and artistic presentations located in the xx and xxi centuries. One stream maintains a formal relationship of rows of executioners and victims and another starts with the Guernica who only takes from the Third of May some formal elements while the executioners are a reference and the victims are bombed and not shot. These two currents are maintained in the paradigmatic examples studied under different artists, means and approaches, going from imitation to the concept of copying as a culmination of mimesis. Finally, the artist Ballester empties the reference paintings of their figures that only reappear as ghosts in the memory of the look.
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2

Bouchard, Michel Marc, Linda Gaboriau, Robert Astle, Agnes Limbos, Anne Szumigalski y R. A. Bonham. "The Orphan Muses; Heart of a Dog, Z: A Meditation on Oppression, Desire, and Freedom". Canadian Theatre Review 86 (marzo de 1996): 63–64. http://dx.doi.org/10.3138/ctr.86.014.

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One of Quebec’s distinguished young playwrights, Michel Marc Bouchard, has tried his hand at a range of theatrical forms, from black comedy to political allegory, and yet admits the consistent thematic thread of “victims become executioners”. A family drama first staged in 1988,The Orphan Muses (Les Muses orphelines), incorporates recent textual revisions. Linda Gaboriau’s translation is crisp and vital, important qualities in a play that frequently comments on writing and language.
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3

Stewart, Riley S. ""Then their heirs may prosper while mine bleeds": Legal Renege, Witnessing, and Child Corpses in Two Lamentable Tragedies and A Yorkshire Tragedy". Romard 59 (2022): 93–111. http://dx.doi.org/10.32773/nwbc5428.

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There has been a great deal of scholarly focus on the children of William Shakespeare’s plays, where violence to their bodies interrogate history, inheritance, and political ascension. Attending to the drama of Shakespeare’s contemporaries, however, reveals that the staging of children also emphasized the stakes of oath breaking, legal renege, and violence to children within non-royal families. This article examines the didactic legal possibilities of early modern English drama outside the Inns of Court tradition and Shakespearean canon. I examine two early seventeenth-century domestic tragedies that dramatize violent child murders: Robert Yarington’s Two Lamentable Tragedies (1601) and Thomas Middleton’s A Yorkshire Tragedy (1608). The domestic space occupied by both sets of caregivers and children illustrates the effects of crime on the community, the difficulties of law enforcement, and the early modern justice system broadly. I suggest the implied executions of the failed caregivers and their pre-death lamentations stage the legal repercussions of oath-breaking and child violence. Through a combination of rhetorical and performance strategies, these texts implicate playgoers as witnesses to child-murder, interrogating assumptions about the extent that the law can protect children.
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4

Mrozowicki, Michał Piotr. "Tannhäuser rehabilitated (III) – Eugène d’Harcourt’s concert". Cahiers ERTA, n.º 25 (2021): 81–104. http://dx.doi.org/10.4467/23538953ce.20.024.13548.

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In November and December 1894, a few months before the work’s reappearance on the Parisian stage, its very important selection (including especially the entire first and third acts) was presented by the count Eugène d’Harcourt, – by the way member of the elitist Jockey’s Club – during his “eclectic concerts” at the rue Rochechouart’s Salle de Concerts. The author of the article recalls juridical and artistic controversies provoked by these executions of Wagner’s opera. Tannhäuser’s fourth performance at Paris Opera’s stage was preceded, in the spring of 1895, by many publications, books and articles devoted to Wagner’s masterpiece. The most important, Étude sur « Tannhäuser » de Richard Wagner. Analyse et guide thématique, was written by Alfred Ernst and Élie Poirée who tried to show the value of Tannhäuser, considered already as a musical drama and an important stage of the composer’s evolution.
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5

McGowen, Randall. "Civilizing Punishment: The End of the Public Execution in England". Journal of British Studies 33, n.º 3 (julio de 1994): 257–82. http://dx.doi.org/10.1086/386055.

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On August 14, 1868, Thomas Wells was executed behind prison walls in Maidstone. According to the The Times, the event passed off so quietly that the public perhaps failed to note the significance of the occasion. With his death the drama of the public execution came to an end. “It is,” the newspaper explained, “emphatically one of those reforms which are hard to realize before they are made, but which, once made, seem so simple and unobjectionable that they are treated almost as a matter of course.” On the face of it, this passage seems to capture the salient features of the episode. In the decades leading up to abolition, opinion was deeply divided about the value of the death penalty and the wisdom of public executions. The Times itself, almost to the last moment, resisted the change. But once the issue was resolved in favor of privacy, no voice demanded their return. There were no demonstrations protesting the reform. Even the arguments once used to defend the publicity of punishment disappeared from view.But The Times meant something more by the phrase “one of those reforms.” It indicated a belief that the abolition belonged to a special category of measures, those that contributed to the progress of civilization in England. The idea that civilization demanded the end of the public execution figured prominently in reform arguments, and occupied just as important a place in later interpretations of the change. A liberal member of Parliament, John Hibbert, in pointing to an execution in 1866, explained that “no one anxious to promote civilization could wish to see the recurrence of a scene of that kind.”
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6

DeWindt, Anne Reiber. "Witchcraft and Conflicting Visions of the Ideal Village Community". Journal of British Studies 34, n.º 4 (octubre de 1995): 427–63. http://dx.doi.org/10.1086/386086.

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In the fallen world, communities (patterns of interaction) are endlessly dying and being born. The historian's job is to specify what, at a given moment, is changing into or being annihilated by what.In the fall of 1589, ten-year-old Jane Throckmorton pointed to the old woman who had settled into a seat in her family's cavernous stone hearth and cried out, “Looke where the old witch sitteth … did you ever see … one more like a witch then she is?” With those words the child set in motion a four-year-long drama that culminated in the hanging of three of her neighbors from their fenland village of Warboys in north Huntingdonshire. Within weeks after the executions, Jane's father and uncle, with the help of a trial judge and the local parson, published their version of this tragic story in a pamphlet that now resides in the British Library.After Jane Throckmorton and her sisters had shared symptoms such as violent sneezing and grotesque seizures for several weeks, and two medical doctors at Cambridge had suggested the possibility of witchcraft, Gilbert Pickering—a relative from Northamptonshire—arrived at the Warboys manor house to conduct numerous experiments with Jane and her neighbor, Alice Samuel. His intention was to demonstrate that the old woman was the cause of the girl's symptoms. In February 1590 one of the sisters was taken to the Pickering home in Northamptonshire where the results of further experiments were recorded for eventual inclusion in the pamphlet.
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7

Ahmed Al-Azzawy, Qusay Jaddoa. "The Concept of Death in William Shakespeare's Macbeth and Arthur Miller's The Crucible". JOURNAL OF LANGUAGE STUDIES 8, n.º 6 (30 de junio de 2024): 114–24. http://dx.doi.org/10.25130/lang.8.6.7.

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This paper aims to examine the concept of “death” in William Shakespeare's Macbeth and Arthur Miller's The Crucible in an analytical method as these two plays are filled with murder, executions, and assassinations. These plays show the subject of death in classical and modern drama by the two famous playwrights. The paper is divided into two parts: the first part tackles Shakespeare's Macbeth in (1606) and how the idea of death occupies a great place as the hero falls dead in the end. The second discusses Miller's The Crucible and the tragic events that put to death many people, fearing to spread the thoughts of communists in America. It also reveals people who are hung, crushed, and stifled by society powers, which filled its citizens' minds with certain myths, witchcraft and superstitions that may be against ethics and honor. The concept of “death” will be analyzed in two methods, the first one is a symbolic, spiritual, method while the second is a physical method. These two methods will examine the main characters. The death is the main feature that includes the heroes of selected plays to achieve nobility and perception. Consequently, this paper attempts to show how the dramatists succeed in providing a moral and human lesson to readers around the world, as well as changing this terrible truth of murder into something highly meaningful that it is a step towards the eternal life.
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8

Chiappetta, Casey y Robert Johnson. "“It’s Not Gonna Leave Any Scars”: Trauma and Coping Among Execution Team Members". Prison Journal 101, n.º 4 (7 de julio de 2021): 379–97. http://dx.doi.org/10.1177/00328855211029623.

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A trauma framework is applied to the experiences of execution team members. A directed content analysis of three seminal publications is used to investigate how execution team members respond to observing and participating in executions, a potentially traumatic stressor. Through these texts, supplemented by other research, the study finds that the execution process, meant to facilitate executions and insulate execution team officers from stress, only partially achieves these goals. The findings suggest that many of the concepts central to understanding executioners at work—how they understand and cope with their roles—are dynamic rather than static and vary in degree across persons and situations. Execution team officers report varying degrees of difficulty fully rationalizing and diffusing responsibility for their actions, ultimately leading to internal conflict and stress about the death penalty and participation in executions.
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9

Fabisiak, Ilona. "Poetyka współczesnego teatru faktu – Rozmowy z katem oraz Golgota wrocławska jako znaczące realizacje gatunku". Colloquia Litteraria 7, n.º 2 (20 de noviembre de 2016): 61. http://dx.doi.org/10.21697/cl.2009.2.03.

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The Poetics of Contemporary Non-fiction Theatre – Conversations with an Executioner and Wrocław Via Dolorosa as Significant Representations of the Genre The aim of the article is to examine the specificity of theatrical performances based on historical documents and carried out as part of a Television Theatre.The author of the paper observes the described phenomenon from a broad perspective and ponders on current and past characteristics of a nonfiction theatre. She endeavours to bring the reader close to the origins of a TV Non-fiction Theatre and to the idea of this enterprise. The first part of the article focuses on the historical development of a theatrical genre, which is a documentary drama (docudrama). A special attention is drawn to its links with a political theatre, for instance to Piscator’s and Brecht’s artistic activities.The discussion about a contemporary phenomenon of the Non-Fiction Theatre is based on the description of the two selected stage performances – Conversations with an Executioner and Wrocław Via Dolorosa. Similarly to many other spectacles of this genre these plays rediscover the Stalin era. The action of the spectacles takes place in Poland at the end of the 1940s and their protagonists are people persecuted during that system. Conversations with an Executioner directedby Maciej Englert (the premiere was in 2007) is the adaptation of a widely known Kazimierz Moczarski’s book under the same title. Wrocław Via Dolorosa written by Piotr Kokociński and Krzysztof Szwagrzyk, and directed by Jan Komasa (the premiere: 2008) recounts the story of a ruthless investigation and a fabricated process that took place in Wrocław. The ruminations on both these stage performances lead to the conclusion that a theatrical reconstruction of true events may currently play key roles. The critics draw the attention to the fact that both the spectacles have not only educational and documentary dimensions. They, first and foremost, revive the interest in the most recent history provoking the debates over stalinism. By showing an individual drama they make the viewer identify with historical characters and therefore the very history appears closer to him/her. The author assumes that if the non-fiction theatre avoids certain mistakes that are imputed to it (such as conventionality, martyrdom, direct didacticism) it will still constitute a significant element of contemporary culture.
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10

Chrószcz, Aleksander, Dominik Poradowski, Paweł Duma, Maciej Janeczek y Przemysław Spychalski. "The Early Modern Silesian Gallows (15th–19th Century) as an Example of Stray Animals Utilization before the Rise of Institutional Veterinary Care". Animals 11, n.º 5 (22 de abril de 2021): 1210. http://dx.doi.org/10.3390/ani11051210.

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In the past, executioners played an important role in the legal system. Besides sentence executions, they also worked as dogcatchers (i.e., eliminating stray animals or cadavers of dead animals from towns), and were responsible for sanitary conditions within their towns and closest neighborhoods. Archaeological explorations of gallows in the towns of Lower Silesia (Poland) provide evidence of such activities, including animal skeletal remains. Archaeozoological analysis of these materials from the towns Kamienna Góra (Landeshut), Złotoryja (Goldberg), and Jelenia Góra (Hirschberg) are the subjects of this study. Our work also stresses the nature of the executioner’s profession in animal health control and town hygiene maintenance before the development of modern veterinary services. The results show significant differences in the frequency of species and distribution of anatomical elements in accessible assemblages compared with animal skeletal remains unearthed in typical waste pits or classical inhumation, allowing the assumption that the animals were anatomically adults, and their health statuses were generally good. The dominant species, equids and dogs, were represented by skeletal remains, with the predominance of less valuable body parts (distal parts of appendices, caudal parts of the vertebral column). The fragmentation of accessible bone assemblages narrows the ability of larger conclusions (i.e., minimum number of individual estimations). The work enlightens the complex role of executioners pertaining to the hygiene of early modern town communities, a role later replaced by professional veterinarians with all of the consequences of the transition process.
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11

Lerman, Zafra Margolin. "Education, Human Rights, and Peace – Contributions to the Progress of Humanity". Pure and Applied Chemistry 91, n.º 2 (25 de febrero de 2019): 351–60. http://dx.doi.org/10.1515/pac-2018-0712.

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Abstract I started my chemistry adventure while in high school, where I was the only female in a science and mathematics-oriented class. During our Junior year of high school, we were sent to the desert, close to the Red Sea in Israel to build roads. In the summers, we were in a Kibbutz on the border to help with the work needed. After work, we had time to discuss our future. Upon graduating from high school, I was drafted into the army, and in the evenings, started my college education and majored in chemistry. After finishing my term in the army, I continued my undergraduate studies in chemistry while raising my son. As I was conducting research on isotope effects, I realized that I wanted to make chemistry accessible to all. My tenet in life is that equal access to Science Education is a human right. I developed a method of teaching chemistry using art, music, dance, drama, and cultural backgrounds which attracted students at all educational levels to chemistry. I felt that as chemists, we have obligations to make the planet a better place for humankind. At this point, I became very active in working towards Scientific Freedom and Human Rights; helping chemists in the Soviet Union, China, Chile, Guatemala, and many other countries. The American Chemical Society established the Subcommittee on Scientific Freedom and Human Rights in 1986 and I chaired this committee for 26 years. At great risk to my personal safety, we succeeded in preventing executions, releasing prisoners of conscience from jail and bringing dissidents to freedom. This work led me to use chemistry as a bridge to peace in the Middle East by organizing Conferences which bring together chemists from 15 Middle East Countries with five Nobel Laureates. The Conferences allow the participants to collaborate on solutions to problems facing the Middle East and the World. The issues are; Air and Water Quality, Alternative Energy Sources, and Science Education at all Levels. Eight conferences were held and the ninth is scheduled for 2019. More than 600 Middle East scientists already participated in these conferences. Considering that most of the participants are professors or directors of science institutions who have access to thousands of students, the number of people in the network is in the thousands. Between the conferences, the cross-border collaborations are ongoing despite the grave situation in the Middle East. In these conferences, the participants succeed in overcoming the chasms of distrust and intolerance. They do not just form collaborations, but form friendships. Hopefully, we will manage to form a critical mass of scientists who will be able to start the chain reaction for peace in the Middle East. Commitment, perseverance, and many times, bravery, helped me to overcome the obstacles I encountered.
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12

Wojtucki, Daniel. "Procesy i egzekucje „żywych trupów” przed sądami miejskimi i wiejskimi w XVI–XVIII wieku – przyczynek do wierzeń w magia posthuma na Śląsku". Opolskie Studia Administracyjno-Prawne 16, n.º 4 (1) (17 de septiembre de 2019): 77–92. http://dx.doi.org/10.25167/osap.1206.

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There are references reaching back to the Middle Ages, regarding the fear of the “undead” or “living dead” who would rise from their graves in a local cemetery to haunt and harm the community. The fear of the “undead” was extremely strong, and the entailing hysteria often affected entire communities. In the 16th to the 18th century, in Silesia, effective forms of coping with the harmful deceased were developed. Analysing the preserved source material, we are able to determine that the basic actions involved finding the grave of the “undead” in the cemetery, exhuming the corpse and destroying it. However, this did not always mean the total annihilation of the poor man’s corpse. The trial and execution of the corpse of a person suspected of the harmful activity against the living took place observing almost the same rules as in the case of the living. Apart from the authorities, who usually commissioned local jurors to handle the situation, opinions and advice were also sought from the clergy as well as gravediggers and executioners. The last were considered to be experts of sorts and were often called upon to see corpses of the suspected dead. In the analysed cases of posthumous magic (magia posthuma) in Silesia, we deal with two directions of handling the corpse accused of a harmful posthumous activity. In both cases, the main decision was made to remove such corpses from the cemetery’s area. Costs of the trial and execution of the “undead” were considerable. They included expenses incurred due to rather frequent court hearings at which sometimes dozens of witnesses were heard, payments to expert witnesses, payments to guards watching graves, costs of legal instructions, services of gravediggers who would dig up suspicious graves, and, finally, the remuneration of executioners and their people. In the second half of the 18th century, despite relevant decrees issued by supreme authorities, trials and executions of the dead were not completely abandoned.
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13

Kitanina, Tatiana. "«Сводня грустно за столом»: K истории и интерпретации". Pushkin Review 24, n.º 1 (2022): 51–65. http://dx.doi.org/10.1353/pnr.2022.a903270.

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Abstract: This article examines the literary and practical context of Pushkin's poem "Svodnia grustno za stolom…" in an attempt to elucidate what caused Pushkin to put aside his labors on important works like Eugene Onegin and The Blackamoor of Peter the Great for the sake of a facetious, obscene poem clearly never intended for publication, and to explain what made him conceal this poem from everyone he knew. This parodic ballad is analyzed in the context of the literary society Arzamas and its informal mode of communication, the influence of Pushkin's uncle Vasilii L´vovich and his poem "Opasnyi sosed," and as of a piece with Pushkin's juvenile parodies of Zhukovskii. The author situates "Svodnia…" in a broader picture of Pushkin's everyday life and his social circle after his return from exile in Mikhailovskoe, as well as a change in Pushkin's attitude towards parodies targeting Zhukovskii which came about in the mid-1820s in the context of literary battles and polemics in the journals. Along the way, this article dispels a conspiracy-minded interpretation of the poem that connects it to the executions of the Decembrists and reads the deadbeat "guests" in the poem as the executioners carousing after carrying out the sentences.
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14

Mikhailova, Maria. "A Child in Soul, an Executioner by Fate? (review on the premiere performance of “The Story of the Seven” based on Leonid Andreev᾿s “The Story of the Seven Who were Hanged”)". Stephanos Peer reviewed multilanguage scientific journal 51, n.º 1 (31 de enero de 2022): 235–39. http://dx.doi.org/10.24249/2309-9917-2022-51-1-235-239.

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The review is a detailed analysis of the premiere performance “The Story of the Seven”, based on the “The Story of the Seven Who were Hanged” by Leonid Andreev directed by Ivan Komarov on the “Other” Stage of the Sovremennik Theater at the end of 2021. The author of the review focused on the problem of “translating” the epic work into the language of drama. Particular attention is paid to the “key” moments of the prose text, which became an impulse for the director, pushing him to the figurative embodiment of the word. A comparison of the composition of Andreev’s story with the compositional solution of the play is made. It also is pointed to a particular expressionism of the stage performance, which does not coincide with the stylistic of Andreev’s expressionism, which shows the freshness and originality of the director’s and actors’ approach.
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15

MacCuarta, Brian, Liam Kelly, Martin Maguire, Susan Flavin, Declan Mallon, Mícheál Ó. Fathartaigh, Vanessa Stout et al. "Reviews: The Irish Franciscans, 1534–1990, Framing the West: Images of Rural Ireland, 1891–1920, the Irish Establishment, 1879–1914, the Great Parchment Book of Waterford: Liber Antiquissimus Civitatis Waterfordiae, the Laity, the Church and the Mystery Plays: A Drama of Belonging, the Irish in Post-War Britain, New Guests of the Irish Nation, the Making of the Irish Poor Law, 1815–1843, Republicanism in Ireland: Confronting Theories and Traditions, the Orange Order: A Contemporary Northern Irish History, Repeal and Revolution: 1848 in Ireland, the Civil Service and the Revolution in Ireland, 1912–1938: ‘Shaking the Blood-Stained Hand of Mr Collins’, Inspector Mallon: Buying Irish Patriotism for a Five-Pound Note, An Illustrated History of the Phoenix Park: Landscape and Management to 1880, Gypsum Mining and the Shirley Estate in South Monaghan, 1800–1936, the Rising: Ireland, Easter 1916, Left to the Wolves: Irish Victims of Stalinist Terror, Enforcing the English Reformation in Ireland: Clerical Resistance and Political Conflict in the Diocese of Dublin, 1530–1590, Staging Ireland: Representations in Shakespeare and Renaissance Drama, God's Executioner: Oliver Cromwell and the Conquest of Ireland, the Irish Labour Party, 1922–1973, the Big House in the North of Ireland: Land, Power and Social Elites, 1878–1960, Historical Association of Ireland, Life and Times New Series, Culture and Society in Early Modern Breifne/Cavan, Witchcraft and Whigs: The Life of Bishop Francis Hutchinson, 1660–1739, Cosmopolitan Ireland: Globalisation and Quality of Life, the Orange Order in Canada". Irish Economic and Social History 37, n.º 1 (diciembre de 2010): 154–204. http://dx.doi.org/10.7227/iesh.37.9.

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16

Vedelago, Angelica. "Pelopidarum secunda: a ‘site of memory’ in the history of Elizabethan revenge tragedy". Renaissance Studies, 10 de septiembre de 2023. http://dx.doi.org/10.1111/rest.12903.

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AbstractPelopidarum secunda is an understudied anonymous English adaptation of Seneca's Agamemnon and Sophocles' Electra. The play is preserved only in manuscript and was probably performed at Winchester College around 1590. Through a combination of Marvin Carlson's notions of ‘ghosting’ and of the ‘site of memory’ with a neo‐historicist approach, the article offers a close analysis of this neglected school play from an intertextual, performative, and extratextual perspective. The analysis shows that the play is haunted by memories of its classical sources and of other performance contexts, including the church, and contains potential allusions to contemporary royal figures. In so doing, I argue that Pelopidarum secunda showcases the role of classical models in the history of Elizabethan revenge tragedy. By conjuring up memorable sources—Sophocles and Seneca—and events—past performances and executions—the unknown playwright(s) had the ambition to make Pelopidarum secunda equally memorable. Although this attempt has evidently failed given the obscurity into which the play has fallen so far, Pelopidarum secunda deserves a place in the archival memory of classical reception as well as further scholarly attention within early modern English drama studies.
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17

Chávez, Claudia Paulina Machuca. "Al servicio de su majestad. Sentencias judiciales en la provincia de Colima en los albores del siglo XVII". Desacatos. Revista de Ciencias Sociales, n.º 28 (25 de marzo de 2014). http://dx.doi.org/10.29340/28.526.

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Justice Administration was one of the fundamental tasks undertook in the Indies by the Spanish Empire. During Spain’s Old Regime “to rule” meant to “dispense justice” in accordance with the divine order. Local justice rested in the hands of alcaldes ordinarios and, at the provincial level, on those of the alcaldes mayores. Crimes were punished by public executions, exile, imprisonment and pecuniary penalties. In Seventeenth-Century Colima, sentencing dramas were an everyday occurrence. Homicides, burglaries, assaults with deadly weapons, resisting authorities and livestock rustling, among other crimes, were penalized by the competent authorities.
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Pereda, Valentin. "Macabre ceremonies: How Los Zetas produces extreme violence to promote organizational cohesion". Violence: An International Journal, 17 de noviembre de 2021, 263300242110598. http://dx.doi.org/10.1177/26330024211059840.

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Why do some organized crime groups (OCGs) carry out face-to-face killings where perpetrators debase their victims and defile their bodies? Leading criminologists contend that OCGs carry out extreme killings deliberately to attain specific performance objectives. Conversely, psycho-sociological scholars argue that extreme killings only occur in situations that affect perpetrators’ reasoning and emotions. In their view, these situations are largely beyond OCGs’ control. I argue that analyzing extreme killings as organizational rituals can contribute to reconciling these seemingly conflicting views. More specifically, I contend that the OCG known as Los Zetas ritualizes executions to generate the conditions that make extreme violence possible. Through ritualization, Los Zetas influences executioners’ perceptions of extreme behavior from something abhorrent into something valued, desirable, and enjoyable. Once the conditions conducive to extreme violence emerge, Los Zetas exploits it to attain utilitarian objectives.
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19

羅, 宗强. "朱元璋的文章觀與洪武朝的文學思想導向". 人文中國學報, 1 de septiembre de 2007, 1–34. http://dx.doi.org/10.24112/sinohumanitas.132475.

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LANGUAGE NOTE | Document text in Chinese; abstract also in English. 朱元璋實行思想統制,此一思想環境,影響着洪武朝文學思想之發展。他對士人既親近又猜疑、濫殺的行爲,造成士人複雜之心態,他爲士人留出的生存空間,對文學思想的走向,也起著導引的作用。 朱元璋前後七次詔諭文風改革;他對詩文和戲劇内容的限制,著眼點全在治道的得失上。他的文章觀的核心是尊典謨、重實用、去華飾、求平實,輕視藝術表現。 由於文化環境的影響和朱元璋的文章觀的導引,入仕新朝的一部分士人文學觀念的變化十分明顯。他們的創作傾向與文學觀念,適應其時之政治環境,逐漸成爲洪武朝文學思想之主流。首先是詩歌創作中出現了頌美的傾向,追求一種雍容典雅的氣象。同時以宋濂爲代表的原道、宗經、復古的文學思想,與朱元璋的治國理念、文章觀相符,處於其時文壇之正統地位。 重個人情懷自由抒發,無關政教得失的文學思想觀念,和承繼元末擬古傾向的文學思想,則處於在野的地位。 The intellectual environment created by Zhu Yuanzhang’s (posth. Emperor Taizu of the Ming, reigned 1368-1398) ideological control influenced the development of literary thought in his Hongwu reign-period. His attitude towards intellectuals was complicated. On the one hand he was close to them, but on the other hand his suspicion resulted in extensive executions. This gave rise to a complex mentality amongst intellectuals. The operating space that Zhu reserved for intellectuals was a decisive factor in the development of literary thought. A particular focus of Zhu’s seven edicts on literary reform is the restricting of poetry, essays, and drama to content relating to the strengths and weaknesses of governance. Additionally, the basis of Zhu’s literary thought includes: a respect for classical models, emphasis on practicality, eradication of embellishment, the pursuit of simplicity and integrity, and reduced emphasis on artistry. Zhu Yuanzhang’s literary thought, combined with other social factors, influenced a number of officials who served under the newly founded Ming dynasty to undergo an obvious change in their literary positions. In line with the political situation of the time, these trends in creative writing and literary thought gradually became mainstream in the Hongwu reign-period. The first consequence is the panegyric tone in poetry composition, which pursued an elegant and poised style. In the meantime, classicists such as Song Lian (1310-1381) advocated literary positions of “finding one’s root in Confucian teaching” and “basing one's writing on Confucian classics”. This thought accorded with Zhu YuanZhang's concept of state affairs and views on literature, and thus assumed orthodoxy. On the other hand, two schools of literary thought became marginalized: free expression of individual sentiment unrelated to governance and didacticism, and a continuation of the late Yuan trend of “modeling on the ancients.”
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Jenzen-Jones, N. R., Charles Randall, Jack Shanley y Omer Sayadi. "‘Blown from a gun’: situating the British practice of execution by cannon in the context of southern and western Asia". Journal of the Royal Asiatic Society, 17 de mayo de 2024, 1–22. http://dx.doi.org/10.1017/s1356186324000038.

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Abstract In parts of southern and western Asia, as elsewhere, the cannon once served as one of the most dramatic tools in the inventories of state executioners. The practice of ‘blowing from a gun’, by which the condemned was bound to the front of a cannon and quite literally blown to pieces, was most infamously employed in British India and the Princely States, and the vast majority of English-language scholarship focuses on these regions. However, blowing from guns was commonplace in several other contemporary states, and the British use of the practice has rarely been situated in this context. The tactic was considered especially useful in Persia and Afghanistan, where weak governance, rebellion, and rampant banditry all threatened the legitimacy of the nascent state in the nineteenth and early twentieth centuries. This article presents a history of the practice of execution by cannon in southern and western Asia, positioning it within the existing literature on public executions in the context of military and civilian justice. In doing so, the article seeks to situate the British use of the tactic within a broader regional practice, arguing that, whilst the British—following the Mughal tradition—used execution by cannon primarily in maintaining military discipline, states such as Persia and Afghanistan instead employed the practice largely in the civilian context. This article also provides a brief technical review of the practice, drawing upon numerous primary sources to examine execution by cannon within the Mughal empire, British India, Persia, and Afghanistan.
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21

Mee, Sharon Jane. "Cinema as Prosthesis: Errol Morris’s Use of the Interrotron in Mr. Death: The Rise and Fall of Fred A. Leuchter, Jr." M/C Journal 22, n.º 5 (9 de octubre de 2019). http://dx.doi.org/10.5204/mcj.1593.

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Errol Morris’s Mr. Death: The Rise and Fall of Fred A. Leuchter, Jr. is a documentary made in 1999 that focuses on a designer of execution equipment, Fred A. Leuchter, Jr. It is notable that when filming Mr. Death—specifically, in interviews with Leuchter—Morris used a self-designed system that he calls the Interrotron (a combination of the words “interview” and “terror”). My primary interest lies in how apparatuses—the execution equipment that Leuchter designs, the Interrotron that Morris uses to film Leuchter, and cinema—come to function prosthetically. I argue that the apparatus as a prosthetic extension of the body operates socially, spatially, and temporally. The operation of the apparatus—execution equipment and cinematic apparatus—implies a relation of responsibility between bodies. The apparatus works spatially by instituting relations of connection and distance on a physical level between executioner, electric chair, and criminal, as well as filmmaker, camera apparatus, and interviewee. The specificity of the temporality of the apparatus is evidenced in its promotion of death (execution equipment) and the assistance it gives to our efforts to understand our very own relationship to death as spectators of film (cinematic apparatus). I contend that it is not only that the apparatus operates as a prosthesis in the production of cinema, but that cinema itself is a prosthesis of film spectatorship.The social, spatial, and temporal extension that the cinematic apparatus affords the body is that of a “supplement” (Stiegler 245). The character/subject is a component in the cinematic arrangement made extensive through “supplements”. However, the Interrotron as a prosthesis, acts as an extension of the body, but one by which the camera or the projected film are not positions that we may identify. My primary interest is the position of the character/subject within the apparatus and how the apparatus comes to function prosthetically. Although here, what I am also concerned with is how the symbolic features of the apparatus work through the fictional narratives of the subject’s life and thus play a formative role in the subject’s perception of him/herself. Fred A. Leuchter, Jr. and the Electric ChairThe character at the centre of Morris’s Mr. Death is Fred A. Leuchter, Jr. (a.k.a. Mr. Death), a self-taught engineer from Massachusetts who designs and builds electric chairs, lethal-injection equipment, gallows, and gas chambers. The narrative of the film follows the progress of his business as he is commissioned to work on each type of execution device. However, his career is put in question after being assigned by Ernst Zündel, Holocaust Revisionist and author of the pamphlet “Did Six Million Really Die?” to determine whether the buildings in Auschwitz were used to house gas executions. This assignment leads Leuchter to write “The Leuchter Report”: a document that denounces the existence of the gas chambers, given the lack of evidence of exhaust equipment, gasket seals, and hydrogen-cyanide residue in the brickwork (tested from bricks taken illegally from the site). Although this latter evidence is the defining point of the report, it is proven insubstantial by James Roth, the chemist commissioned to analyse the brick samples. It is the folly of Leuchter’s pursuit of the investigation that marks the irony of what he believes to be the crowning achievement of his career, which instead leads to the demise of it. Leuchter’s career demise notwithstanding, the impending subject of my investigation of Mr. Death is the relationship he has with the electric chair that he designed for Tennessee’s state prison. The history of electricity seems to find its place amongst the many inventions of the nineteenth-century. This history also displays a fascination with both its life and death giving qualities. While Mary Shelley’s Frankenstein; or, The Modern Prometheus (1818) is testimony to literature’s curiosity about electricity, others were quick to speculate on the social and scientific benefits that might be gained from its possible life-giving qualities. In 1892, an article in The Fortnightly Review suggested that electricity could “accelerate the growth of crops”, and in 1912, Svante Arrhenius tested the likelihood of it having the same effect on children (Kern 114).Death by electricity also seemed to fascinate. In fact, electricity was quite rapidly employed for execution. The electric chair was first used in a New York prison in 1890, a practice that proved to horrify the public—“the New York Times wrote that it had been a “revolting spectacle”, “far worse than hanging” (Kern 115). The Edison Company made an actuality film in 1903 at Luna Park, Coney Island called Electrocuting an Elephant (shown in Mr. Death) that attests to the spectacle or “attraction” that electricity must have been at this time. Fred demonstrates his own fascination with this double quality of electricity when he proclaims:There is no difference in a life support system and an execution system… With a life support system if it doesn’t function the person dies. With an execution system if it doesn’t function flawlessly the person lives.There is something banal in this comparison in the way it positions the human body in relation to the machine as though dependent on it, or, in the way it attests to a power that the machine has over life and death, and moreover the way it passes over the distinction between life and death. The lack of difference between the machines that attest to these respective practices is manifest in such indifference to their outcomes. Morris, with regard to this indifference, says:Fred […] seems possessed by this notion of a “painless execution.” I’m using Fred’s words. But exactly what is he talking about: “the perfect execution that just feels delightful”? I think he misses the point. The real pain of execution is in the knowledge that you are to die, in that realization that we’re mortal and that some date has been fixed for our extinction, for the termination of our lives. And it’s that implacable fact which he conveniently forgets. There can be no “painless execution” when you know that death is approaching. (Ryan)I argue that the prosthetic relation of the apparatus to the title character occurs on both a physical and psychical level, but question whether the subject’s apparatus represents them adequately. This question of representation is assessed by the film techniques Errol Morris employs in Mr. Death. What interests Morris about Leuchter beyond his involvement with killing machines, beyond the fact that he is a designer of death equipment, is Leuchter’s self-deception. But also the way in which this is revealed by Leuchter himself as he speaks to the camera. It is what Leuchter shows us of himself, the position he places himself in relation to us (or perhaps, more particularly, the camera) that is fascinating. As Morris says:Mr. Death has the far more interesting thesis that any man can think he’s a hero. Because Fred, in fact, does think he is a truly heroic character. He thinks he’s a Florence Nightingale figure, a champion of civil liberties, a defender of the underdog, a Galileo-like scientist who’s willing to go against the crowd and to espouse unpopular beliefs because he deeply believes they’re right. A humanitarian, a humanist. I mean, it’s a whole catalogue of virtue but what’s so appalling and, at the same time, sad and ludicrous about his story is that it’s wrong. (Ryan)What is revealed in this film then, is not only our relationship with our apparatuses, and the way in which they place us in turn in relation to people, but also how apparatuses play a formative role in people’s perception of themselves. The fact that a certain type of apparatus may exemplify a perception that people wish to have of themselves or their society is what Lisa Gitelman examines in the suggestions for possible inventions that made their way into letters to Thomas A. Edison. One man wrote in 1915: “My mind has been impressed for some time with the idea of a clock that would speak the time” (82). And yet, a phonograph-clock had already been invented and placed on the market in Europe several years earlier. Edison himself had the idea as early as November 1877. As Gitelman writes of the phonograph-clock idea: “The continued recurrence of the phonograph-clock as a ‘new’ idea confirms that the cultural saturation of technological knowledge was a matter of preconscious as well as conscious mentality. That is, many people came up with the same thing at the same time because the idea of the phonograph-clock percolated within the ambient culture” (83). The question is not only how apparatuses exist within the preconscious and consciousness as a cultural entity, but also, how a talking-clock acts as a mechanical extension of the human subject. As Gitelman writes: “The very idea of a “talking machine” seemed impossible, the term an oxymoron. It denoted a contradictory combination of biological and mechanical function, a nineteenth-century cyborg” (84). For Leuchter then, the question is: what is it that the execution apparatus says about him? Errol Morris and the InterrotronIt is also the device by which Leuchter reveals his opinions that in important. When filming Mr. Death, Morris used the Interrotron. The Interrotron is made up of a two-way camera set-up linked to teleprompters that at once project the image of Morris’s face to Leuchter and similarly, the image of Leuchter’s face to Morris. Behind the teleprompters (or more precisely, behind a two-way mirror that reflects the image of the teleprompter towards each person) are cameras, each fitted with a fixed lens. The result is that, rather than having the conversation taking place off to the side of the camera, both interviewer and interviewee can look directly at each other down the central axis of the camera lens (Rosenheim 221). As Leuchter speaks to the projected image (mirror) of Morris, the film camera behind the mirror gains direct eye contact with him and films him in this way. Conversely, a video camera films Morris’s face, an image which is directed to Leuchter through the teleprompter to the mirror facing him.The Interrotron does generate, Morris claims, better documentary techniques, not only because of the startling intensification of on-camera interviews and the feeling that is generated by the interviewee staring down the lens at interviewer and also the spectator. It also produces more information from the subject, evidenced by the fact that Leuchter spoke for twelve uninterrupted hours to the interview machine. Despite Leuchter’s ability for monologue, it does not seem that Leuchter knows himself any better. In fact, his delusion is one that is propagated by speaking for twelve hours to someone, to the world. However, it seems that Leuchter will never know his own delusion. The effect of the Interrotron on Leuchter is that it produces a projection/image that will listen with no interruptions. Precisely because, in the end, the projections reflect back the image of the person talking, it is all about Leuchter, rather than who he is talking to. As Morris says:I think we are all protected from the world by fantasy. We all see ourselves as being protagonists in a private drama of our own construction. I don’t think that any of us are immune from that sort of thing, I think it’s the human condition. It is really just trying to capture some of that, that is what interests me.A key idea that is presented by Leuchter in Mr. Death is the spatial distance between executioner and executee—even as there is connection between machine and victim—that tends towards anonymity. As Leuchter says in describing the way in which he became involved in designing a lethal-injection machine:They determined that there should be some kind of a machine that could repetitively deliver the necessary chemicals at the proper time intervals for all executions. This completely took the human factor out of it.This gives us some idea of the way in which machines tend to determine a distance, or anonymity, to the killing process. A characteristic of the spectator’s relationship to cinema is anonymity, however, it is an anonymity that, along with the “mass characteristics” of cinema and our “solitude in darkness”, creates a kind of “public intimacy” (Moore 5). For the electric chair, the electric current requires the connecting contact of the machine at the same time that this death-giving apparatus affords human distance. The machine provides for a sense of morality in which we view killing as a rational process conducted through technologies. It means that political systems or individuals are not held responsible for these deaths; it is rather as if the machine itself is responsible. Furthermore, it seems the necessity is to make the machine responsible so that the connecting human forces such as the creator of the electric chair, or perhaps even the person who “presses the button”, are free of responsibility. This question of responsibility is ironic in light of the fact that Leuchter has never himself witnessed an execution. Always at a distance, he relinquishes the machine from sight before it performs its prosecution.What is most important about spatial distance in Mr. Death is the way in which Morris uses the Interrotron to gain a sense of direct human contact from Leuchter. Morris’s interview machine is a mechanism that at the same time generates a distance (the objectifiable camera), but also allows for a human to human relationship through the camera rather than with the camera as a third party. Consequently, when Walter Benjamin says that, in the case of the audience of film, “the audience’s identification with the actor is really an identification with the camera”, or in the case of the actor, “what matters is that the part is acted not for an audience but for a mechanical contrivance”, this is what the Interrotron negates (228–29). The relationship that the audience has is a first-person relationship, where the camera acts as an extension of the human—a prosthesis—and not its own position to identify. Despite the human connection that the Interrotron produces in the absence of the identification with a mechanical device, the audience is never morally implicated because of the spatial and temporal singularity of film.The Interrotron generates a better human connection to the spectator where Morris becomes a stand-in for the real film spectator. It is through the eyes (in the look) that connection is guaranteed in the case of the Interrotron, just as in cinema. The Interrotron presents us with the closest thing to a two-way communication when Morris’s eyes become the spectators’ eyes; Morris’s eyes act as a prosthesis of the spectator’s eyes through the device of the Interrotron. Indeed, Linda Williams asks of the direct eye contact that the Interrotron allows for: “Does testimony that exhibits a lack of blinking and constant, direct eye contact equate with truth? The Interrotron might seem to invite such a judgement, but the ‘truth’ is not so guaranteed” (37). In fact, the “truth” that we discover is Leuchter’s own self-deception. Cinema as Prosthesis: Temporal Extension as a “Supplement” In relation to Mr. Death, the prosthesis as an extension of the self suggests a complexity that emerges when Leuchter describes his relationship to the electric chair: And so the legend grew that prison officials shouldn’t allow their children to sit in the electric chair. I kind of sat in the chair waiting for something to happen, but some twenty years later I wound up making execution equipment, instead of being the person that the execution equipment was used on […] Maybe we created a new legend and some good came out of it after all.The apparatus metaphorically generates death for Leuchter—he subjects himself to his own apparatus, metaphorically dies and “create[s] a legend”. And yet, Morris says:Fred Leuchter’s story seems very much caught up in a denial of death, some crazy denial that death in fact even exists. After all, the movie ends with his story about how he sat in the chair and defeated the legend attached to it: namely, that, if you sit in the chair, you will subsequently die in the chair. And the story and his pride in the fact that he (quote, unquote) “created a new legend”—he didn’t die in the chair but went on to design and manufacture electric chairs—seems to me (to be) Fred boasting in some deep way about how he has defeated death itself. It seems, if you like, the final delusion. (Ryan)This leaves an interesting question of what is generated by the mechanical cinematic apparatus for the spectator. Cinema is a way to understand our very own relationship to death as spectators of film. Such a relationship to death is dependent upon the “presence” of the mechanical apparatus. Benjamin writes:What matters is that the part is acted not for an audience but for a mechanical contrivance—in the case of the sound film, for two of them. […] This situation might also be characterized as follows: for the first time—and this is the effect of the film—man has to operate with his whole living person, yet forgoing its aura. For aura is tied to his presence; there can be no replica of it. (229)However, cinema is not simply the presence of the camera, but the possibility that a past moment in time—a past present—be brought into presence by the film projector. The camera and the projector are prostheses, allowing for a living person in a past present to be brought into an audience’s presence. Death is the “supplement” that these apparatuses afford. Morris’s Interrotron is an extension of this arrangement, while Leuchter’s electric chair is exemplary. ReferencesA Brief History of Errol Morris. Dir. Kevin Macdonald. Independent Film Channel, 2000. Benjamin, Walter. “The Work of Art in the Age of Mechanical Reproduction.” Illuminations. Ed. Hannah Arendt. New York: Schocken, 1969. 217–51.Gitelman, Lisa. Scripts, Grooves and Writing Machines: Representing Technology in the Edison Era. Stanford: Stanford UP, 1999.Kern, Stephen. “Speed.” The Culture of Time and Space, 1880–1918. Cambridge: Harvard UP, 1983. 109–30.Moore, Rachel O. Savage Theory: Cinema as Modern Magic. Durham: Duke UP, 2000. Mr. Death: The Rise and Fall of Fred A. Leuchter, Jr. Dir. Errol Morris. Lions Gate, 1999.Rosenheim, Shawn. “Interrotroning History: Errol Morris and the Documentary of the Future.” The Persistence of History: Cinema, Television and the Modern Event. Ed. Vivian Sobchack. New York: Routledge, 1996. 219–34.Ryan, Tom. “Errol Morris.” Senses of Cinema 16 (Sep. 2001). 3 July 2019 <http://sensesofcinema.com/2001/feature-articles/morris/>.Stiegler, Bernard. “Derrida and Technology: Fidelity at the Limits of Deconstruction and the Prosthesis of Faith.” Jacques Derrida and the Humanities: A Critical Reader. Ed. Tom Cohen. Cambridge: Cambridge UP, 2001. 238–70.Williams, Linda. “Cluster Fuck: The Forcible Frame in Errol Morris’s Standard Operating Procedure.” Camera Obscura 73.25.1 (2010): 29–67.
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Brandt, Marisa Renee. "Cyborg Agency and Individual Trauma: What Ender's Game Teaches Us about Killing in the Age of Drone Warfare". M/C Journal 16, n.º 6 (6 de noviembre de 2013). http://dx.doi.org/10.5204/mcj.718.

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During the War on Terror, the United States military has been conducting an increasing number of foreign campaigns by remote control using drones—also called unmanned aerial vehicles (UAVs) or remotely piloted vehicles (RPVs)—to extend the reach of military power and augment the technical precision of targeted strikes while minimizing bodily risk to American combatants. Stationed on bases throughout the southwest, operators fly weaponized drones over the Middle East. Viewing the battle zone through a computer screen that presents them with imagery captured from a drone-mounted camera, these combatants participate in war from a safe distance via an interface that resembles a video game. Increasingly, this participation takes the form of targeted killing. Despite their relative physical safety, in 2008 reports began mounting that like boots-on-the-ground combatants, many drone operators seek the services of chaplains or other mental health professionals to deal with the emotional toll of their work (Associated Press; Schachtman). Questions about the nature of the stress or trauma that drone operators experience have become a trope in news coverage of drone warfare (see Bumiller; Bowden; Saleton; Axe). This was exemplified in May 2013, when former Air Force drone pilot Brandon Bryant became a public figure after speaking to National Public Radio about his remorse for participating in targeted killing strikes and his subsequent struggle with post-traumatic stress (PTS) (Greene and McEvers). Stories like Bryant’s express American culture’s struggle to understand the role screen-mediated, remotely controlled killing plays in shifting the location of combatants’s sense of moral agency. That is, their sense of their ability to act based on their own understanding of right and wrong. Historically, one of the primary ways that psychiatry has conceptualized combat trauma has been as combatants’s psychological response losing their sense of moral agency on the battlefield (Lifton).This articleuses the popular science fiction novel Ender's Game as an analytic lens through which to examine the ways that screen-mediated warfare may result in combat trauma by investigating the ways in which it may compromise moral agency. The goal of this analysis is not to describe the present state of drone operators’s experience (see Asaro), but rather to compare and contrast contemporary public discourses on the psychological impact of screen-mediated war with the way it is represented in one of the most influential science fiction novels of all times (The book won the Nebula Award in 1985, the Hugo Award in 1986, and appears on both the Modern Library 100 Best Novels and American Library Association’s “100 Best Books for Teens” lists). In so doing, the paper aims to counter prevalent modes of critical analysis of screen-mediated war that cannot account for drone operators’s trauma. For decades, critics of postmodern warfare have denounced how fighting from inside tanks, the cockpits of planes, or at office desks has removed combatants from the experiences of risk and endangerment that historically characterized war (see Gray; Levidow & Robins). They suggest that screen-mediation enables not only physical but also cognitive and emotional distance from the violence of war-fighting by circumscribing it in a “magic circle.” Virtual worlds scholars adopted the term “magic circle” from cultural historian Johan Huizinga, who described it as the membrane that separates the time and space of game-play from those of real life (Salen and Zimmerman). While military scholars have long recognized that only 2% of soldiers can kill without hesitation (Grossman), critics of “video game wars” suggest that screen-mediation puts war in a magic circle, thereby creating cyborg human-machine assemblages capable of killing in cold blood. In other words, these critics argue that screen-mediated war distributes agency between humans and machines in such a way that human combatants do not feel morally responsible for killing. In contrast, Ender’s Game suggests that even when militaries utilize video game aesthetics to create weapons control interfaces, screen-mediation alone ultimately cannot blur the line between war and play and thereby psychically shield cyborg soldiers from combat trauma.Orson Scott Card’s 1985 novel Ender’s Game—and the 2013 film adaptation—tells the story of a young boy at an elite military academy. Set several decades after a terrible war between humans and an alien race called the buggers, the novel follows the life of a boy named Ender. At age 6, recruiters take Andrew “Ender” Wiggin from his family to begin military training. He excels in all areas and eventually enters officer training. There he encounters a new video game-like simulator in which he commands space ship battalions against increasingly complex configurations of bugger ships. At the novel’s climax, Ender's mentor, war hero Mazer Rackham, brings him to a room crowded with high-ranking military personnel in order to take his final test on the simulator. In order to win Ender opts to launch a massive bomb, nicknamed “Little Doctor”, at the bugger home world. The image on his screen of a ball of space dust where once sat the enemy planet is met by victory cheers. Mazer then informs Ender that since he began officer training, he has been remotely controlling real ships. The video game war was, "Real. Not a game" (Card 297); Ender has exterminated the bugger species. But rather than join the celebration, Ender is devastated to learn he has committed "xenocide." Screen-mediation, the novel shows, can enable people to commit acts that they would otherwise find heinous.US military advisors have used the story to set an agenda for research and development in augmented media. For example, Dr. Michael Macedonia, Chief Technology Officer of the Army Office for Simulation, Training, and Instrumentation told a reporter for the New York Times that Ender's Game "has had a lot of influence on our thinking" about how to use video game-like technologies in military operations (Harmon; Silberman; Mead). Many recent programs to develop and study video game-like military training simulators have been directly inspired by the book and its promise of being able to turn even a six-year-old into a competent combatant through well-structured human-computer interaction (Mead). However, it would appear that the novel’s moral regarding the psychological impact of actual screen-mediated combat did not dissuade military investment in drone warfare. The Air Force began using drones for surveillance during the Gulf War, but during the Global War on Terror they began to be equipped with weapons. By 2010, the US military operated over 7,000 drones, including over 200 weapons-ready Predator and Reaper drones. It now invests upwards of three-billion dollars a year into the drone program (Zucchino). While there are significant differences between contemporary drone warfare and the plot of Ender's Game—including the fact that Ender is a child, that he alone commands a fleet, that he thinks he is playing a game, and that, except for a single weapon of mass destruction, he and his enemies are equally well equipped—for this analysis, I will focus on their most important similarities: both Ender and actual drone operators work on teams for long shifts using video game-like technology to remotely control vehicles in aerial combat against an enemy. After he uses the Little Doctor, Mazer and Graff, Ender's long-time training supervisors, first work to circumvent his guilt by reframing his actions as heroic. “You're a hero, Ender. They've seen what you did, you and the others. I don't think there's a government on Earth that hasn't voted you their highest metal.” “I killed them all, didn't I?” Ender asked. “All who?” asked Graff. “The buggers? That was the idea.” Mazer leaned in close. “That's what the war was for.” “All their queens. So I killed all their children, all of everything.” “They decided that when they attacked us. It wasn't your fault. It's what had to happen.” Ender grabbed Mazer's uniform and hung onto it, pulling him down so they were face to face. “I didn't want to kill them all. I didn't want to kill anybody! I'm not a killer! […] but you made me do it, you tricked me into it!” He was crying. He was out of control. (Card 297–8)The novel up to this point has led us to believe that Ender at the very least understands that what he does in the game will be asked of him in real life. But his traumatic response to learning the truth reveals that he was in the magic circle. When he thinks he is playing a game, succeeding is a matter of ego: he wants to be the best, to live up to the expectations of his trainers that he is humanity’s last hope. When the magic circle is broken, Ender reconsiders his decision to use the Little Doctor. Tactics he could justify to win the game, reframed as real military tactics, threaten his sense of himself as a moral agent. Being told he is a hero provides no solace.Card wrote the novel during the Cold War, when computers were coming to play an increasingly large role in military operations. Historians of military technology have shown that during this time human behavior began to be defined in machine-like, functionalist terms by scientists working on cybernetic systems (see Edwards; Galison; Orr). Human skills were defined as components of large technological systems, such as tanks and anti-aircraft weaponry: a human skill was treated as functionally the same as a machine one. The only issue of importance was how all the components could work together in order to meet strategic goals—a cybernetic problem. The reasons that Mazer and Graff have for lying to Ender suggest that the author believed that as a form of technical augmentation, screen-mediation can be used to evacuate individual moral agency and submit human will to the command of the larger cybernetic system. Issues of displaced agency in the military cyborg assemblage are apparent in the following quote, in which Mazer compares Ender himself to the bomb he used to destroy the bugger home world: “You had to be a weapon, Ender. Like a gun, like the Little Doctor, functioning perfectly but not knowing what you were aimed at. We aimed you. We're responsible. If there was something wrong, we did it” (298). Questions of distributed agency have also surfaced in the drone debates. Government and military leaders have attempted to depersonalize drone warfare by assuring the American public that the list of targets is meticulously researched: drones kill those who we need killed. Drone warfare, media theorist Peter Asaro argues, has “created new and complex forms of human-machine subjectivity” that cannot be understood by considering the agency of the technology alone because it is distributed between humans and machines (25). While our leaders’s decisions about who to kill are central to this new cyborg subjectivity, the operators who fire the weapons nevertheless experience at least a retrospective sense of agency. As phenomenologist John Protevi notes, in the wake of wars fought by modern military networks, many veterans diagnosed with PTS still express guilt and personal responsibility for the outcomes of their participation in killing (Protevi). Mazer and Graff explain that the two qualities that make Ender such a good weapon also create an imperative to lie to him: his compassion and his innocence. For his trainers, compassion means a capacity to truly think like others, friend or foe, and understand their motivations. Graff explains that while his trainers recognized Ender's compassion as an invaluable tool, they also recognized that it would preclude his willingness to kill.It had to be a trick or you couldn't have done it. It's the bind we were in. We had to have a commander with so much empathy that he would think like the buggers, understand them and anticipate them. So much compassion that he could win the love of his underlings and work with them like a perfect machine, as perfect as the buggers. But somebody with that much compassion could never be the killer we needed. Could never go into battle willing to win at all costs. If you knew, you couldn't do it. If you were the kind of person who would do it even if you knew, you could never have understood the buggers well enough. (298)In learning that the game was real, Ender learns that he was not merely coming to understand a programmed simulation of bugger behavior, but their actual psychology. Therefore, his compassion has not only helped him understand the buggers’ military strategy, but also to identify with them.Like Ender, drone operators spend weeks or months following their targets, getting to know them and their routines from a God’s eye perspective. They both also watch the repercussions of their missions on screen. Unlike fighter pilots who drop bombs and fly away, drone operators use high-resolution cameras and fly much closer to the ground both when flying and assessing the results of their strikes. As one drone operator interviewed by the Los Angeles Times explained, "When I flew the B-52, it was at 30,000 to 40,000 feet, and you don't even see the bombs falling … Here, you're a lot closer to the actual fight, or that's the way it seems" (Zucchino). Brookings Institute scholar Peter Singer has argued that in this way screen mediation actually enables a more intimate experience of violence for drone operators than airplane pilots (Singer).The second reason Ender’s trainers give for lying is that they need someone not only compassionate, but also innocent of the horrors of war. The war veteran Mazer explains: “And it had to be a child, Ender,” said Mazer. “You were faster than me. Better than me. I was too old and cautious. Any decent person who knows what warfare is can never go into battle with a whole heart. But you didn't know. We made sure you didn't know" (298). When Ender discovers what he has done, he loses not only his innocence but his sense of himself as a moral agent. After such a trauma, his heart is no longer whole.Actual drone operators are, of course, not kept in a magic circle, innocent of the repercussions of their actions. Nor do they otherwise feel as though they are playing, as several have publicly stated. Instead, they report finding drone work tedious, and some even play video games for fun (Asaro). However, Air Force recruitment advertising makes clear analogies between the skills they desire and those of video game play (Brown). Though the first generations of drone operators were pulled from the ranks of flight pilots, in 2009 the Air Force began training them from the ground. Many drone operators, then, enter the role having no other military service and may come into it believing, on some level, that their work will be play.Recent military studies of drone operators have raised doubts about whether drone operators really experience high rates of trauma, suggesting that the stresses they experience are seated instead in occupational issues like long shifts (Ouma, Chappelle, and Salinas; Chappelle, Psy, and Salinas). But several critics of these studies have pointed out that there is a taboo against speaking about feelings of regret and trauma in the military in general and among drone operators in particular. A PTS diagnosis can end a military career; given the Air Force’s career-focused recruiting emphasis, it makes sense that few would come forward (Dao). Therefore, it is still important to take drone operator PTS seriously and try to understand how screen-mediation augments their experience of killing.While critics worry that warfare mediated by a screen and joystick leads to a “‘Playstation’ mentality towards killing” (Alston 25), Ender's Game presents a theory of remote-control war wherein this technological redistribution of the act of killing does not, in itself, create emotional distance or evacuate the killer’s sense of moral agency. In order to kill, Ender must be distanced from reality as well. While drone operators do not work shielded by the magic circle—and therefore do not experience the trauma of its dissolution—every day when they leave the cyborg assemblage of their work stations and rejoin their families they still have to confront themselves as individual moral agents and bear their responsibility for ending lives. In both these scenarios, a human agent’s combat trauma serves to remind us that even when their bodies are physically safe, war is hell for those who fight. This paper has illustrated how a science fiction story can be used as an analytic lens for thinking through contemporary discourses about human-technology relationships. However, the US military is currently investing in drones that are increasingly autonomous from human operators. This redistribution of agency may reduce incidence of PTS among operators by decreasing their role in, and therefore sense of moral responsibility for, killing (Axe). Reducing mental illness may seem to be a worthwhile goal, but in a world wherein militaries distribute the agency for killing to machines in order to reduce the burden on humans, societies will have to confront the fact that combatants’s trauma cannot be a compass by which to measure the morality of wars. Too often in the US media, the primary stories that Americans are told about the violence of their country’s wars are those of their own combatants—not only about their deaths and physical injuries, but their suicide and PTS. To understand war in such a world, we will need new, post-humanist stories where the cyborg assemblage and not the individual is held accountable for killing and morality is measured in lives taken, not rates of mental illness. ReferencesAlston, Phillip. “Report of the Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions, Addendum: Study on Targeted Killings.” United Nations Human Rights Council (2010). Asaro, Peter M. “The Labor of Surveillance and Bureaucratized Killing: New Subjectivities of Military Drone Operators”. Social Semiotics 23.2 (2013): 196-22. Associated Press. “Predator Pilots Suffering War Stress.” Military.com 2008. Axe, David. “How to Prevent Drone Pilot PTSD: Blame the ’Bot.” Wired June 2012.Bowden, Mark. “The Killing Machines: How to Think about Drones.” The Atlantic Sep. 2013.Brown, Melissa T. Enlisting Masculinity: The Construction of Gender in US Military Recruiting Advertising during the All-Volunteer Force. London: Oxford University Press, 2012. Bumiller, Elisabeth. “Air Force Drone Operators Report High Levels of Stress.” New York Times 18 Dec. 2011: n. pag. Card, Orson Scott. Ender’s Game. Tom Doherty Associates, Inc., 1985. Chappelle, Wayne, D. Psy, and Amber Salinas. “Psychological Health Screening of Remotely Piloted Aircraft (RPA) Operators and Supporting Units.” Paper presented at the Symposium on Mental Health and Well-Being across the Military Spectrum, Bergen, Norway, 12 April 2011: 1–12. Dao, James. “Drone Pilots Are Found to Get Stress Disorders Much as Those in Combat Do.” New York Times 22 Feb. 2013: n. pag. Edwards, Paul N. The Closed World: Computers and the Politics of Discourse in Cold War America. Cambridge: MIT Press, 1997.Galison, Peter. “The Ontology of the Enemy: Norbert Wiener and the Cybernetic Vision.” Critical Inquiry 21.1 (1994): 228.Gray, Chris Hables “Posthuman Soldiers in Postmodern War.” Body & Society 9.4 (2003): 215–226. 27 Nov. 2010.Greene, David, and Kelly McEvers. “Former Air Force Pilot Has Cautionary Tales about Drones.” National Public Radio 10 May 2013.Grossman, David. On Killing. Revised. Boston: Back Bay Books, 2009. Harmon, Amy. “More than Just a Game, But How Close to Reality?” New York Times 3 Apr. 2003: n. pag. Levidow, Les, and Robins. Cyborg Worlds: The Military Information Society. London: Free Association Books, 1989. Lifton, Robert Jay. Home from the War: Vietnam Veterans: Neither Victims nor Executioners. New York: Random House, 1973. Mead, Corey. War Play: Video Games and the Future of Armed Conflict. Boston: Houghton Mifflin Harcourt, 2013. Orr, Jackie. Panic Diaries: A Genealogy of Panic Disorder. Durham: Duke University Press, 2006.Ouma, J.A., W.L. Chappelle, and A. Salinas. Facets of Occupational Burnout among US Air Force Active Duty and National Guard/Reserve MQ-1 Predator and MQ-9 Reaper Operators. Air Force Research Labs Technical Report AFRL-SA-WP-TR-2011-0003. Wright-Patterson AFB, OH: Air Force Research Laboratory. 2011.Protevi, John. “Affect, Agency and Responsibility: The Act of Killing in the Age of Cyborgs.” Phenomenology and the Cognitive Sciences 7.3 (2008): 405–413. Salen, Katie, and Eric Zimmerman. Rules of Play: Game Design Fundamentals. Cambridge, MA: MIT Press, 2003. Saleton, William. “Ghosts in the Machine: Do Remote-Control War Pilots Get Combat Stress?” Slate.com Aug. 2008. Schachtman, Nathan. “Shrinks Help Drone Pilots Cope with Robo-Violence.” Wired Aug. 2008.Silberman, Steve. “The War Room.” Wired Sep. 2004: 1–5.Singer, P.W. Wired for War: The Robotics Revolution and Conflict in the Twenty-First Century. New York: Penguin Press, 2009. Zucchino, David. “Drone Pilots Have Front-Row Seat on War, from Half a World Away.” Los Angeles Times 21 Feb. 2010: n. pag.
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Zimmerman, Anne. "Forced Organ Harvesting". Voices in Bioethics 9 (21 de marzo de 2023). http://dx.doi.org/10.52214/vib.v9i.11007.

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Photo by 187929822 © Victor Moussa | Dreamstime.com INTRODUCTION The nonconsensual taking of a human organ to use in transplantation medicine violates ethical principles, including autonomy, informed consent, and human rights, as well as criminal laws. When such an organ harvesting is not just nonconsensual, but performed in a way that causes a death or uses the pretense of brain death without meeting the criteria, it also violates the dead donor[1] rule.[2] The dead donor rule is both ethical and legal. It prevents organ retrieval that would predictably cause the death of the organ donor.[3] Retrieval of a vital organ is permissible only after a declaration of death.[4] Forced organ harvesting may breach the dead donor rule as it stands. A reimagined, broader dead donor rule could consider a larger timeframe in the forced organ harvesting context. In doing so, the broad dead donor rule could cover intent, premeditation, aiding and abetting, and due diligence failures. A broad definition of forced organ harvesting is ‘‘the removal of one or more organs from a person by means of coercion, abduction, deception, fraud, or abuse of power. . .’’[5] A more targeted definition is “[t]he killing of a person so that their organs may be removed without their free, voluntary and informed consent and transplanted into another person.”[6] In the global organ harvesting context, forced organ harvesting violates the World Health Organization (WHO) Guiding Principle 3, which says “live organ donors should be acting willingly, free of any undue influence or coercion.”[7] Furthermore, WHO states live donors should be “genetically, legally, or emotionally” attached to the recipient. Guiding Principle 1 applies to deceased donors, covers consent, and permits donation absent any known objections by the deceased.[8] Principle 7 says, “Physicians and other health professionals should not engage in transplantation procedures, and health insurers and other payers should not cover such procedures if the cells, tissues or organs concerned have been obtained through exploitation or coercion of, or payment to, the donor or the next of kin of a deceased donor.”[9] There are underground markets in which organ hunters prey on the local poor in countries with low wages and widespread poverty[10] and human trafficking that targets migrants for the purpose of organ harvesting.[11] This paper explores forced harvesting under the backdrop of the dead donor rule, arguing that a human rights violation so egregious requires holding even distant participants in the chain of events accountable. By interfering with resources necessary to carry out bad acts, legislation and corporate and institutional policies can act as powerful deterrents. A broader dead donor rule would highlight the premeditation and intent evidenced well before the act of organ retrieval. I. Background and Evidence In China, there is evidence that people incarcerated for religious beliefs and practices (Falun Gong) and ethnic minorities (Uyghurs) have been subjects of forced organ harvesting. A tribunal (the China Tribunal) found beyond a reasonable doubt that China engaged in forced organ harvesting.[12] Additionally, eight UN Special Rapporteurs found a system of subjecting political prisoners and prisoners of conscience to blood tests and radiological examinations to determine the fitness of their organs.[13] As early as 2006, investigators found evidence of forced organ harvesting from Falun Gong practitioners. [14] Over a million Uyghurs are in custody there, and there is ample evidence of biometric data collection.[15] An Uyghur tribunal found evidence of genocide.[16] “China is the only country in the world to have an industrial-scale organ trafficking practice that harvests organs from executed prisoners of conscience.”[17] Witnesses testified to the removal of organs from live people without ample anesthesia,[18] summonses to the execution grounds for organ removal,[19] methods of causing death for the purpose of organ procurement,[20] removing eyes from prisoners who were alive,[21] and forcing live prisoners into operating rooms.[22] The current extent of executions to harvest organs from prisoners of conscience in China is unknown. The Chinese press has suggested surgeons in China will perform 50,000 organ transplants this year.[23] Doctors Against Forced Organ Harvesting (DAFOR) concluded, “[f]orced organ harvesting from living people has occurred and continues to occur unabated in China.”[24] China continues to advertise in multiple languages to attract transplant tourists.[25] Wait times for organs seem to remain in the weeks.[26] In the United States, it is common to wait three to five years.[27] II. The Nascent System of Voluntary Organ Donation in China In China, throughout the 1990s and early 2000s, the supply of organs for transplant was low, and there was not a national system to register as a donor. A 1984 act permitted death row prisoners to donate organs.[28] In 2005, a Vice Minister acknowledged that 95 percent of all organ transplants used organs from death row prisoners.[29] In 2007 the planning of a voluntary system to harvest organs after cardiac death emerged. According to a Chinese publication, China adopted brain death criteria in 2013.[30] There had been public opposition due partly to cultural unfamiliarity with it.[31] Cultural values about death made it more difficult to adopt a universal brain death definition. Both Buddhist and Confucian beliefs contradicted brain death.[32] Circulatory death was traditionally culturally accepted.[33] The Ministry of Health announced that by 2015 organ harvesting would be purely voluntary and that prisoners would not be the source of organs.[34] There are cultural barriers to voluntary donation partly due to a Confucian belief that bodies return to ancestors intact and other cultural and religious beliefs about respect for the dead.[35] An emphasis on family and community over the individual posed another barrier to the Western approach to organ donation. Public awareness and insufficient healthcare professional knowledge about the process of organ donation are also barriers to voluntary donation.[36] Although the Chinese government claims its current system is voluntary and no longer exploits prisoners,[37] vast evidence contradicts the credibility of the voluntary transplant program in China.[38] III. Dead Donor Rule: A Source of Bioethical Debate It seems tedious to apply this ethical foundation to something as glaring as forced organ harvesting. But the dead donor rule is a widely held recognition that it is not right to kill one person to save another.[39] It acts as a prohibition on killing for the sake of organ retrieval and imposes a technical requirement which influences laws on how death is declared. The dead donor rule prevents organ harvesting that causes death by prohibiting harvesting any organ which the donor agreed to donate only after death prior to an official declaration of death. There is an ongoing ethical debate about the dead donor rule. Many in bioethics and transplant medicine would justify removing organs in specific situations prior to a declaration of death, abandoning the rule.[40] Some use utilitarian arguments to justify causing the death of someone who is unconscious and on life support irreversibly. Journal articles suggest that the discussion has moved to one of timing and organ retrieval.[41] Robert Truog and Franklin Miller are critics of the dead donor rule, arguing that, in practice, it is not strictly obeyed: removing organs while a brain-dead donor is still on mechanical ventilation and has a beating heart and removing organs right after life support is removed and cardio-pulmonary death is declared both might not truly meet the requirement of the dead donor rule, making following the rule “a dubious norm.”[42] Miller and Truog question the concept of brain death, citing evidence of whole body integrated functions that continue indefinitely. They challenge cardio-pulmonary death, asserting that the definition includes as dead, those who could be resuscitated. Their hearts could resume beating with medical intervention. Stopping life support causes death only in those whose lives are sustained by it. Some stipulate that the organ retrieval must not itself cause the death. Some would rejigger the cause of death: Daniel Callahan suggests that the underlying condition causes the death despite removal of life support.[43] But logically, a person could continue life support and be alive, so clearly, removing life support does cause death. Something else would have caused brain death or the circumstance that landed the person on mechanical ventilation. To be more accurate, one could say X caused the irreversible coma and removing life support caused the death itself. Miller and Truog take the position that because withdrawal of life support does cause death, the dead donor rule should be defunct as insincere. To them, retrieving vital organs from a technically alive donor should be permissible under limited conditions. They look to the autonomous choices of the donor or the surrogate (an autonomy-based argument). They appreciate the demand for organs and the ability to save lives, drawing attention to those in need of organs. Live donor organ retrieval arguably presents a slippery slope, especially if a potential donor is close to death, but not so close to label it imminent. They say physicians would not be obligated to follow the orders of a healthy person wishing to have vital organs removed, perhaps to save a close friend or relative. Similarly, Radcliffe-Richards, et al. argue that there is no reason to worry about the slippery slope of people choosing death so they can sell their vital organs, whether for money for their decedents or their creditors.[44] The movement toward permissibility and increased acceptance of medical aid in dying also influence the organ donation arena. The slippery slope toward the end of life has potential to become a realistic concern. Older adults or other people close to death may want to donate a vital organ, like their heart, to a young relative in need. That could greatly influence the timing of a decision to end one’s life. IV. Relating the Dead Donor Rule to Forced Organ Harvesting There is well documented evidence that in China organs have been removed before a declaration of death.[45] But one thing the dead donor rule does not explicitly cover is intent and the period prior to the events leading to death. It tends to apply to a near-death situation and is primarily studied in its relationship to organ donation. It is about death more than it is about life. Robertson and Lavee investigated data on transplantation of vital organs in China and they document cases where the declaration of death was a pretense, insincere, and incorrect. Their aim was to investigate whether the prisoners were in fact dead prior to organ harvesting.[46] (The China Tribunal found that organs have been removed from live prisoners and that organ harvesting has been the cause of death.) They are further concerned with the possible role of doctors as executioners, or at least as complicit in the execution as the organ harvesting so closely follows it. V. A Broader Dead Donor Rule A presumed ethical precursor to the dead donor rule may also be an important ethical extension of the rule: the dead donor rule must also prohibit killing a person who is not otherwise near death for the purpose of post-death organ harvesting. In China, extra-judicial killings of prisoners of conscience are premeditated ― there is ample evidence of blood tests and radiology to ensure organ compatibility and health.[47] To have effective ethical force, the dead donor rule should have an obvious application in preventing intentional killing for an organ retrieval, not just killing by way of organ retrieval. When we picture the dead donor rule, bioethicists tend to envision a person on life support who will either be taken off it and stop breathing or who will be declared brain dead. But the dead donor rule should apply to healthy people subject to persecution at the point when the perpetrator lays the ground for the later killing. At that point, many organizations and people may be complicit or unknowingly contributing to forced organ harvesting. In this iteration of the dead donor rule, complicity in its violations would be widespread. The dead donor rule could address the initial action of ordering a blood or radiology test or collecting any biometric data. Trained physicians and healthcare technicians perform such tests. Under my proposed stretch of the dead donor rule, they too would be complicit in the very early steps that eventually lead to killing a person for their organs. I argue these steps are part of forced organ harvesting and violate the dead donor rule. The donor is very much alive in the months and years preceding the killing. A conspiracy of indifference toward life, religious persecution, ethnic discrimination, a desire to expand organ transplant tourism, and intent to kill can violate this broader dead donor rule. The dead donor rule does not usually apply to the timing of the thought of organ removal, nor the beginning of the chain of events that leads to it. It is usually saved for the very detailed determination of what may count as death so that physicians may remove vital and other organs, with the consent of the donor.[48] But I argue that declaring death at the time of retrieval may not be enough. Contributing to the death, even by actions months or years in advance, matter too. Perhaps being on the deathbed awaiting a certain death must be distinguished from going about one’s business only to wind up a victim of forced organ harvesting. Both may well be declared dead before organ retrieval, but the likeness stops there. The person targeted for future organ retrieval to satisfy a growing transplant tourism business or local demand is unlike the altruistic person on his deathbed. While it may seem like the dead donor rule is merely a bioethics rule, it does inform the law. And it has ethical heft. It may be worth expanding it to the arena of human trafficking for the sake of organ removal and forced organ harvesting.[49] The dead donor rule is really meant to ensure that death was properly declared to protect life, something that must be protected from an earlier point. VI. Complicity: Meaning and Application Human rights due diligence refers to actions that people or institutions must take to ensure they are not contributing to a human rights violation. To advise on how to mitigate risk of involvement or contribution to human rights violations, Global Rights Compliance published an advisory that describes human rights due diligence as “[t]he proactive conduct of a medical institution and transplant-associated entity to identify and manage human rights risks and adverse human rights impacts along their entire value and supply chain.”[50] Many people and organizations enable forced organ harvesting. They may be unwittingly complicit or knowingly aiding and abetting criminal activity. For example, some suppliers of medical equipment and immunosuppressants may inadvertently contribute to human rights abuses in transplantation in China, or in other countries where organs were harvested without consent, under duress, or during human trafficking. According to Global Rights Compliance, “China in the first half of 2021 alone imported ‘a total value of about 24 billion U.S. dollars’ worth of medical technology equipment’, with the United States and Germany among the top import sources.”[51] The companies supplying the equipment may be able to slow or stop the harm by failing to supply necessary equipment and drugs. Internal due diligence policies would help companies analyze their suppliers and purchasers. Corporations, educational institutions, and other entities in the transplantation supply chain, medical education, insurance, or publishing must engage in human rights due diligence. The Global Rights Compliance advisory suggests that journals should not include any ill-gotten research. Laws should regulate corporations and target the supply chain also. All actors in the chain of supply, etc. are leading to the death of the nonconsenting victim. They are doing so while the victim is alive. The Stop Forced Organ Harvesting Act of 2023, pending in the United States, would hold any person or entity that “funds, sponsors, or otherwise facilitates forced organ harvesting or trafficking in persons for purposes of the removal of organs” responsible. The pending legislation states that: It shall be the policy of the United States—(1) to combat international trafficking in persons for purposes of the removal of organs;(2) to promote the establishment of voluntary organ donation systems with effective enforcement mechanisms in bilateral diplomatic meetings and in international health forums;(3) to promote the dignity and security of human life in accordance with the Universal Declaration of Human Rights, adopted on December 10, 1948; and(4) to hold accountable persons implicated, including members of the Chinese Communist Party, in forced organ harvesting and trafficking in persons for purposes of the removal of organs.[52] The Act calls on the President to provide Congress a list of such people or entities and to sanction them by property blocking, and, in the case of non-US citizens, passport and visa denial or revocation. The Act includes a reporting requirement under the Foreign Assistance Act of 1961 that includes an assessment of entities engaged in or supporting forced organ harvesting.[53] The law may have a meaningful impact on forced organ harvesting. Other countries have taken or are in the process of legal approaches as well.[54] Countries should consider legislation to prevent transplant tourism, criminalize complicity, and require human rights due diligence. An expanded dead donor rule supports legal and policy remedies to prevent enabling people to carry out forced organ harvesting. VII. Do Bioethicists Mention Human Rights Abuses and Forced Organ Harvesting Enough? As a field, bioethics literature often focuses on the need for more organs, the pain and suffering of those on organ transplant waitlists, and fairness in allocating organs or deciding who belongs on which waitlist and why. However, some bioethicists have drawn attention to forced organ harvesting in China. Notably, several articles noted the ethical breaches and called on academic journals to turn away articles on transplantation from China as they are based on the unethical practice of executing prisoners of conscience for their organs.[55] The call for such a boycott was originally published in a Lancet article in 2011.[56] There is some acknowledgement that China cares about how other countries perceive it,[57] which could lead to either improvements in human rights or cover-ups of violations. Ill-gotten research has long been in the bioethics purview with significant commentary on abuses in Tuskegee and the Holocaust.[58] Human research subjects are protected by the Declaration of Helsinki, which requires acting in the best interests of research subjects and informed consent among other protections.[59] The Declaration of Helsinki is directed at physicians and requires subjects enroll in medical research voluntarily. The Declaration does not explicitly cover other healthcare professionals, but its requirements are well accepted broadly in health care. CONCLUSION The dead donor rule in its current form really does not cover the life of a non-injured healthy person at an earlier point. If it could be reimagined, we could highlight the link between persecution for being a member of a group like Falun Gong practitioners or Uyghurs as the start of the process that leads to a nonconsensual organ retrieval whether after a proper declaration of death or not. It is obviously not ethically enough to ensure an execution is complete before the organs are harvested. It is abuse of the dead donor rule to have such a circumstance meet its ethical requirement. And obviously killing people for their beliefs or ethnicity (and extra-judicial killings generally) is not an ethically acceptable action for many reasons. The deaths are intentionally orchestrated, but people and companies who may have no knowledge of their role or the role of physicians they train or equipment they sell are enablers. An expanded dead donor rule helps highlight a longer timeframe and expanded scope of complicity. The organ perfusion equipment or pharmaceuticals manufactured in the United States today must not end up enabling forced organ harvesting. With an expanded ethical rule, the “donor is not dead” may become “the donor would not be dead if not for. . .” the host of illegal acts, arrests without cause, forced detention in labor camps, extra-judicial killings, lacking human rights due diligence, and inattention to this important topic. The expanded dead donor rule may also appeal to the bioethics community and justify more attention to laws and policies like the Stop Forced Organ Harvesting Act of 2023. - [1] The word “donor” in this paper describes any person from whom organs are retrieved regardless of compensation, force, or exploitation in keeping with the bioethics literature and the phrase “dead donor rule.” [2] Robertson, M.P., Lavee J. (2022). Execution by organ procurement: Breaching the dead donor rule in China. Am J Transplant, Vol.22,1804– 1812. doi:10.1111/ajt.16969. [3] Robertson, J. A. (1999). Delimiting the donor: the dead donor rule. Hastings Center Report, 29(6), 6-14. [4] Retrieval of non-vital organs which the donor consents to donate post-death (whether opt-in, opt-out, presumed, or explicit according to local law) also trigger the dead donor rule. [5] The Stop Forced Organ Harvesting Act of 2023, H.R. 1154, 118th Congress (2023), https://www.congress.gov/bill/118th-congress/house-bill/1154. [6] Do No Harm: Mitigating Human Rights Risks when Interacting with International Medical Institutions & Professionals in Transplantation Medicine, Global Rights Compliance, Legal Advisory Report, April 2022, https://globalrightscompliance.com/project/do-no-harm-policy-guidance-and-legal-advisory-report/. [7] WHO Guiding Principles on Human Cell, Tissue and Organ Transplantation, as endorsed by the sixty-third World Health Assembly in May 2010, in Resolution WHA63.22 https://apps.who.int/iris/bitstream/handle/10665/341814/WHO-HTP-EHT-CPR-2010.01-eng.pdf?sequence=1. [8] WHO Guiding Principles on Human Cell, Tissue and Organ Transplantation (2010). [9] WHO Guiding Principles on Human Cell, Tissue and Organ Transplantation (2010). [10] Promchertchoo, Pichayada (Oct. 19, 2019). Kidney for sale: Inside Philippines’ illegal organ trade. https://www.channelnewsasia.com/asia/kidney-for-sale-philippines-illegal-organ-trade-857551; Widodo, W. and Wiwik Utami (2021), The Causes of Indonesian People Selling Covered Kidneys from a Criminology and Economic Perspective: Analysis Based on Rational Choice Theory. European Journal of Political Science Studies, Vol 5, Issue 1. [11] Van Reisen, M., & Mawere, M. (Eds.). (2017). Human trafficking and trauma in the digital era: The ongoing tragedy of the trade in refugees from Eritrea. African Books Collective. [12] The Independent Tribunal into Forced Organ Harvesting from Prisoners of Conscience in China (China Tribunal) (2020). https://chinatribunal.com/wp-content/uploads/2020/03/ChinaTribunal_JUDGMENT_1stMarch_2020.pdf [13] UN Office of the High Commissioner, Press Release, China: UN human Rights experts alarmed by ‘organ harvesting’ allegations (UN OTHCHR, 14 June 2021), https://www.ohchr.org/en/press-releases/2021/06/china-un-human-rights-experts-alarmed-organ-harvesting-allegations. [14] David Matas and David Kilgour, Bloody Harvest. The killing of Falun Gong for their organs (Seraphim Editions 2009). [15] How China is crushing the Uyghurs, The Economist, video documentary, July 9, 2019, https://youtu.be/GRBcP5BrffI. [16] Uyghur Tribunal, Judgment (9 December 2021) (Uyghur Tribunal Judgment) para 1, https://uyghurtribunal.com/wp-content/uploads/2022/01/Uyghur-Tribunal-Judgment-9th-Dec-21.pdf. [17] Ali Iqbal and Aliya Khan, Killing prisoners for transplants: Forced organ harvesting in China, The Conversation Published: July 28, 2022. https://theconversation.com/killing-prisoners-for-transplants-forced-organ-harvesting-in-china-161999 [18] Testimony demonstrated surgeries to remove vital organs from live people, killing them, sometimes without ample anesthesia to prevent wakefulness and pain. China Tribunal (2020), p. 416-417. https://chinatribunal.com/wp-content/uploads/2020/03/ChinaTribunal_JUDGMENT_1stMarch_2020.pdf; Robertson MP, Lavee J. (2022), Execution by organ procurement: Breaching the dead donor rule in China. Am J Transplant, Vol.22,1804– 1812. doi:10.1111/ajt.16969. [19] Doctors reported being summoned to execution grounds and told to harvest organs amid uncertainty that the prisoner was in fact dead. China Tribunal (2020), p. 52-53. [20]In testimony to the China Tribunal, Dr. Huige Li noted four methods of organ harvesting from live prisoners: incomplete execution by shooting, after lethal injection prior to death, execution by removal of the heart, and after a determination of brain death prior to an intubation (pretense of brain death). China Tribunal (2020), pp. 54-55. https://chinatribunal.com/wp-content/uploads/2020/03/ChinaTribunal_JUDGMENT_1stMarch_2020.pdf [21] A former military medical student described removing organs from a live prisoner in the late 1990s. He further described his inability to remove the eyes of a live man and his witnessing another doctor forcefully remove the man’s eyes. China Tribunal (2020), p. 330. [22] In 2006, a nurse testified that her ex-husband, a surgeon, removed the eyes of 2,000 Falun Gong practitioners in one hospital between 2001 and 2003. She described the Falun Gong labor-camp prisoners as being forced into operating rooms where they were given a shot to stop their hearts. Other doctors removed other organs. DAFOH Special Report, 2022. https://epochpage.com/wp-content/uploads/sites/3/2022/12/DAFOH-Special-Report-2022.pdf [23] Robertson MP, Lavee J. (2022), Execution by organ procurement: Breaching the dead donor rule in China. Am J Transplant, Vol.22,1804– 1812. doi:10.1111/ajt.16969. [24] DAFOH Special Report, 2022. https://epochpage.com/wp-content/uploads/sites/3/2022/12/DAFOH-Special-Report-2022.pdf; DAFOH’s physicians were nominated for a Nobel Prize for their work to stop forced organ harvesting. Šućur, A., & Gajović, S. (2016). Nobel Peace Prize nomination for Doctors Against Forced Organ Harvesting (DAFOH) - a recognition of upholding ethical practices in medicine. Croatian medical journal, 57(3), 219–222. https://doi.org/10.3325/cmj.2016.57.219 [25] Robertson and Lavee (2022). [26] Stop Organ Harvesting in China, website (organization of the Falun Dafa). https://www.stoporganharvesting.org/short-waiting-times/ [27] National Kidney Foundation, The Kidney Transplant Waitlist – What You Need to Know, https://www.kidney.org/atoz/content/transplant-waitlist [28] Wu, Y., Elliott, R., Li, L., Yang, T., Bai, Y., & Ma, W. (2018). Cadaveric organ donation in China: a crossroads for ethics and sociocultural factors. Medicine, 97(10). [29] Wu, Elliott, et al., (2018). [30] Su, Y. Y., Chen, W. B., Liu, G., Fan, L. L., Zhang, Y., Ye, H., ... & Jiang, M. D. (2018). An investigation and suggestions for the improvement of brain death determination in China. Chinese Medical Journal, 131(24), 2910-2914. [31] Huang, J., Millis, J. M., Mao, Y., Millis, M. A., Sang, X., & Zhong, S. (2012). A pilot programme of organ donation after cardiac death in China. The Lancet, 379(9818), 862-865. [32] Yang, Q., & Miller, G. (2015). East–west differences in perception of brain death: Review of history, current understandings, and directions for future research. Journal of bioethical inquiry, 12, 211-225. [33] Huang, J., Millis, J. M., Mao, Y., Millis, M. A., Sang, X., & Zhong, S. (2015). Voluntary organ donation system adapted to Chinese cultural values and social reality. Liver Transplantation, 21(4), 419-422. [34] Huang, Millis, et al. (2015). [35] Wu, X., & Fang, Q. (2013). Financial compensation for deceased organ donation in China. Journal of Medical Ethics, 39(6), 378-379. [36] An, N., Shi, Y., Jiang, Y., & Zhao, L. (2016). Organ donation in China: the major progress and the continuing problem. Journal of biomedical research, 30(2), 81. [37] Shi, B. Y., Liu, Z. J., & Yu, T. (2020). Development of the organ donation and transplantation system in China. Chinese medical journal, 133(07), 760-765. [38] Robertson, M. P., Hinde, R. L., & Lavee, J. (2019). Analysis of official deceased organ donation data casts doubt on the credibility of China’s organ transplant reform. BMC Medical Ethics, 20(1), 1-20. [39] Miller, F.G. and Sade, R. M. (2014). Consequences of the Dead Donor Rule. The Annals of thoracic surgery, 97(4), 1131–1132. https://doi.org/10.1016/j.athoracsur.2014.01.003 [40] For example, Miller and Sade (2014) and Miller and Truog (2008). [41] Omelianchuk, A. How (not) to think of the ‘dead-donor’ rule. Theor Med Bioeth 39, 1–25 (2018). https://doi-org.ezproxy.cul.columbia.edu/10.1007/s11017-018-9432-5 [42] Miller, F.G. and Truog, R.D. (2008), Rethinking the Ethics of Vital Organ Donations. Hastings Center Report. 38: 38-46. [43] Miller and Truog, (2008), p. 40, citing Callahan, D., The Troubled Dream of Life, p. 77. [44] Radcliffe-Richards, J., Daar, A.S., Guttman, R.D., Hoffenberg, R., Kennedy, I., Lock, M., Sells, R.A., Tilney, N. (1998), The Case for Allowing Kidney Sales, The Lancet, Vol 351, p. 279. (Authored by members of the International Forum for Transplant Ethics.) [45] Robertson and Lavee, (2022). [46] Robertson and Lavee, (2022). [47] China Tribunal (2020). [48] Consent varies by local law and may be explicit or presumed and use an opt-in or opt-out system and may or may not require the signoff by a close family member. [49] Bain, Christina, Mari, Joseph. June 26, 2018, Organ Trafficking: The Unseen Form of Human Trafficking, ACAMS Today, https://www.acamstoday.org/organ-trafficking-the-unseen-form-of-human-trafficking/; Stammers, T. (2022), "2: Organ trafficking: a neglected aspect of modern slavery", Modern Slavery and Human Trafficking, Bristol, UK: Policy Press. https://bristoluniversitypressdigital.com/view/book/978144736. [50] Do No Harm: Mitigating Human Rights Risks when Interacting with International Medical Institutions & Professionals in Transplantation Medicine, Global Rights Compliance, Legal Advisory Report, April 2022, https://globalrightscompliance.com/project/do-no-harm-policy-guidance-and-legal-advisory-report/. [51] Global Rights Compliance, p. 22. [52] The Stop Forced Organ Harvesting Act of 2023, H.R. 1154, 118th Congress (2023). https://www.congress.gov/bill/118th-congress/house-bill/1154. [53] The Stop Forced Organ Harvesting Act of 2023, H.R. 1154, 118th Congress (2023), https://www.congress.gov/bill/118th-congress/house-bill/1154. [54] Global Rights Compliance notes that Belgium, France (passed law on human rights due diligence in the value supply chain), United Kingdom, United States, Canada, Australia, and New Zealand have legal approaches, resolutions, and pending laws. p. 45. [55] For example, Caplan, A.L. (2020), The ethics of the unmentionable Journal of Medical Ethics 2020;46:687-688. [56] Caplan, A.L. , Danovitch, G., Shapiro M., et al. (2011) Time for a boycott of Chinese science and medicine pertaining to organ transplantation. Lancet, 378(9798):1218. doi:10.1016/S0140-6736(11)61536-5 [57] Robertson and Lavee. [58] Smolin, D. M. (2011). The Tuskegee syphilis experiment, social change, and the future of bioethics. Faulkner L. Rev., 3, 229; Gallin, S., & Bedzow, I. (2020). Holocaust as an inflection point in the development of bioethics and research ethics. Handbook of research ethics and scientific integrity, 1071-1090. [59] World Medical Association Declaration of Helsinki: Ethical Principles for Medical Research Involving Human Subjects, adopted by the 18th WMA General Assembly, Helsinki, Finland, June 1964, and amended multiple times, most recently by the 64th WMA General Assembly, Fortaleza, Brazil, October 2013. https://www.wma.net/policies-post/wma-declaration-of-helsinki-ethical-principles-for-medical-research-involving-human-subjects/
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