Habeas Corpus or Habeas Viscus? Thinking About Race and Justice
Alexander Weheliye is a cultural critic and scholar known for his work in critical race theory and black studies. In his book "Habeas Viscus: Racializing Assemblages, Biopolitics, and Black Feminist Theories of the Human," Weheliye offers a critique of the concept of habeas corpus and its implications for racialized bodies.
The principle of habeas corpus, often referred to as the “great writ,” is a cornerstone of many legal systems that is supposed to protect against arbitrary detention and ensure due process of justice.
Habeas corpus is a Latin term that translates to “you shall have the body.” It is a legal principle that means you have the right for your body to appear before a judge when you are accused of having committed a crime. It is essentially a right to the body, a right to not be detained or have physical freedom withheld without a fair judicial process; however, often this right is not equally guaranteed to all within the American justice system as many are held in jails for quite sometime before appearing before a judge.
Additionally, there have been issues such as the case of Henrietta Lacks where the rights to her internal organs were not deemed as her legal right. Hence the term Habeas viscus, where viscus refers to the internal organs.
"Habeas Viscus" examines how the legal concept of habeas corpus, which traditionally refers to the right of an individual to challenge their detention before a court, operates differently for racialized bodies, particularly black bodies. Weheliye argues that the history of racial slavery and ongoing racialization has shaped the way in which black bodies are perceived, treated, and subjected to violence which affects their right to habeas corpus.
He critiques the traditional legal framework of habeas corpus, which often presumes a normative human subject, and argues that this framework has been historically and systematically denied to black bodies which have been dehumanized. Weheliye highlights how the history of slavery and colonialism has always dehumanized black bodies, leading to a devaluation of black life and the denial of their full humanity within legal systems.
In this way a universal right of habeas corpus is often not enough to guarantee black bodies their right to appear before a judge when accused of a crime. Instead, many are jailed without bond, held in jail without immediately seeing a judge, or killed by police and vigilantes without ever receiving the right to appear before a judge.
Moreover, Weheliye explores how the racialized body is often subjected to violence and surveillance, making it difficult for black individuals to claim their right to habeas corpus fully. In "Habeas Viscus," Weheliye draws upon black feminist theories to analyze the complex intersection of race, gender, and biopolitics. He sheds light on how black women's bodies, in particular, are situated at the nexus of oppressive systems and how these bodies have been subjected to different forms of violence, dehumanization, policing and surveillance as a result.
Biopolitics are heavily discussed in Habeas Viscus. Biopolitics refers to the ways in which power operates on populations, regulating and controlling life itself. Habeas viscus expands on this notion by emphasizing the racialized dimensions of biopolitics, highlighting how certain bodies are subjected to heightened surveillance, control, and violence based on racial hierarchies and categorizations. Racializing assemblages further illuminate how bodies are shaped by intersecting systems of power such as race, gender, class, and sexuality.
Overall, Weheliye's critique of habeas corpus in "Habeas Viscus" challenges traditional legal notions of personhood and human rights that undergird habeas corpus revealing that they are not enough to guarantee justice or due process for black bodies.
Weheliye’s work invites readers to critically engage with the historical and ongoing ways in which racialized bodies have been denied the protections and rights granted by the legal concept of habeas corpus and calls for a more nuanced understanding of the intersections between race, gender, and power in shaping legal systems and social hierarchies.
Habeas viscus challenges traditional conceptions of the body as a passive and apolitical entity. Drawing from black feminist theory and critical race theory, Weheliye argues that bodies are inherently political and embedded within systems of power. The term habeas viscus captures the idea that certain bodies are granted full legal protection (habeas corpus), while others are reduced to their materiality, subjected to forms of violence and disposability.
Habeas viscus offers a powerful lens through which we can understand the intricate relationship between bodies, power, and social structures. By recognizing the political nature of bodies and the systems that govern them instead of applying a colorblind principle of habeas corpus, we can see the importance of critically examining and challenging the oppressive forces that perpetuate marginalization and inequality
Understanding and engaging with the concept of habeas viscus is a crucial step toward creating a more inclusive, just, and equitable society, where black people’s rights to their bodies are recognized, respected, and valued.