Prisoners, Patients, and the Limits of Self-Government
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“...the question traditionally asked about competence ought to be flipped. Instead of asking about entry and exit from the category “competent citizen” (under what conditions is someone rightfully labeled mad; what legal or more criteria ought to be used to assess maturity), we should ask what it means to be a self-governing individual in a society where individuals are constantly entering and exciting the category of competence, in a society wherein well over 90 percent of those currently in prison will be released, children can be tried as adults, and cognitive disability at some point in the life course is an expectation, not an exception” (Berk 22)
There is an intellectual humility in this book that belies the incisiveness of the argument. Berk will freely admit to not knowing the answers to all the questions, but he does know that we have to reframe our question of competency (and many others) if we are going to attempt to build a more just world. Just look at the quote above.
His reconstruction of the events of the Walpole rebellion are of particular interest. He challenges the traditional narrative of “mob rule” and shows how inmate solidarity created a new democratic experiment that succeeded in many ways before it was cut short. Highly recommend