The schiavo case: Jurisprudence, biopower, and privacy as singularity

Abstract

The Terri Schiavo case, the latest high-profile “right-to-die” case in the United States, whose denouement saturated the US mediasphere at the end of March 2005, is a particularly complex problem in the Deleuzean sense. Its solution, which took more than 15 years, actualized lines from legal, medical, biological, political … multiplicities. The ellipses indicate the impossibility of completely delimiting the forces at work in any case (the virtual as endless differentiation) just as it indicates the necessity of cutting through them in making any one solution work (actualization as differenciation). Thus that actualization, a creative resolution of the problem, brought some aspects of the virtual into distinctness, while others faded into momentary obscurity.1 The elements functioning most intensely in the Schiavo case cut across the fields of right, medical discipline and biopower, hence at the intersection of sexuality and racism, as Foucault explains.2 The turn to a liberal notion of the right to privacy as the right to die is never simple, for we remain trapped at the intersection of discipline and biopower if we ground that right in sovereign rights of personal autonomy and bodily integrity. The challenge to a Deleuzean jurisprudence is to creatively transform that right to show its basis in de-personalization. In other words, only in an extraordinary, ethical, situation, living along the fault line..

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John Protevi
Louisiana State University

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