The article “The cruel and unusual phenomenology of solitary confinement” by Shaun Gallagher provides vital information to understanding the issues of solitary confinement by looking at the phenomenology. The article looks at the phenomenology and psychology of solitary confinement to use in legal issues. It starts of speaking of the cruelty of this punishment and how many legal declarations prohibit cruel punishment, even within the constitution as it states “cruel and unusual punishments [shall not be] inflicted.” Gallagher has an issue with this statement as he says “From the beginning, however, the wording was thought “too indefinite,” or “to have no meaning in it.” It is still difficult to find a clear definition of “cruel” in the legal domain.” He is saying that the definition of cruel punishment lacks any sort of definition to it, as it is purely opinion based, this means there is no true way to determine what is a “cruel” punishment and what is not. After this, Gallagher begins to speak about the concepts of Phenomenology, which is the focus of this article. He defines Phenomenology as this “ Even in its classical form, emphasizes the constitutive nature of intersubjectivity” He follows this explaining many of the main concepts of Phenomenological
The article “The cruel and unusual phenomenology of solitary confinement” by Shaun Gallagher provides vital information to understanding the issues of solitary confinement by looking at the phenomenology. The article looks at the phenomenology and psychology of solitary confinement to use in legal issues. It starts of speaking of the cruelty of this punishment and how many legal declarations prohibit cruel punishment, even within the constitution as it states “cruel and unusual punishments [shall not be] inflicted.” Gallagher has an issue with this statement as he says “From the beginning, however, the wording was thought “too indefinite,” or “to have no meaning in it.” It is still difficult to find a clear definition of “cruel” in the legal domain.” He is saying that the definition of cruel punishment lacks any sort of definition to it, as it is purely opinion based, this means there is no true way to determine what is a “cruel” punishment and what is not. After this, Gallagher begins to speak about the concepts of Phenomenology, which is the focus of this article. He defines Phenomenology as this “ Even in its classical form, emphasizes the constitutive nature of intersubjectivity” He follows this explaining many of the main concepts of Phenomenological