The exercise of the doctrine of civil death can be construed as a form of genocide due to its profound impact on the targeted people. Genocide, as defined by the United Nations, encompasses various acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group. While genocide is often associated with overt acts of violence and mass killings, it can also manifest through systematic measures aimed at eradicating a group’s identity, culture, or existence.
When people are subjected to the doctrine of civil death, they are effectively stripped from self-governance, self-identity, denied natural rights, denied liberties, and are without protections under the law. This deprivation from liberties holds devastating consequences, including the loss of citizenship, property loss, denied identity, ancestral land theft, slavery by forced commercial intercourse, and honest service fraud by denied access to essential services. By rendering people legally invisible or non-existent, the doctrine of civil death denies them the most fundamental aspects of personhood and subjects them to a state of profound vulnerability and marginalization.
The concept of “legally invisible” or “non-existent” people highlights a systemic and institutionalized form of discrimination based on national origin, perpetuated by the doctrine of civil death. This doctrine effectively strips individuals of their legal recognition, rendering them invisible within the legal framework and subjecting them to a state of profound vulnerability and marginalization.
In practice, the doctrine of civil death disproportionately affects people from certain national origins, leading to disparate outcomes in various aspects of life. By denying these people essential legal statuses, such as citizenship or residency rights, the doctrine perpetuates systemic discrimination by depriving them of fundamental rights, protections, and opportunities.
For instance, people subjected to civil death may face barriers in accessing education, healthcare, employment, housing, and other essential services. Without legal recognition, they may encounter difficulties obtaining identification documents, securing employment opportunities, or accessing social welfare programs. As a result, they experience disparate outcomes compared to their counterparts who enjoy full equitable recognition and citizenship rights.
Moreover, the denial of legal status based on national origin not only undermines individuals’ access to basic necessities but also perpetuates social and economic inequities. It reinforces existing hierarchies and power dynamics, marginalizing certain people and perpetuating cycles of poverty and exclusion.
In the United States, the historical events and policies mentioned have had profound and enduring effects, shaping today’s disparate outcomes based on the exercise of the doctrine of civil death. These outcomes are deeply rooted in the existing racial classification systems that have stigmatized and marginalized certain groups, particularly Autochthon Indigenous Americans, relegating them to the lowest class without full citizenship rights, “African American”.
The legacy of slavery, reinforced by laws like the One Drop Rule, Racial Integrity Act, Fugitive Slave Law and the Kansas-Nebraska Act, laid the groundwork for a racial hierarchy that persists to this day. Autochthon Indigenous Americans, despite being stated to be legally recognized as citizens after the Civil War, continued to face systemic discrimination and violence by genocides. The Dred Scott decision further solidified second-class status, denying equal protection under the law and perpetuating the notion of inferiority.
The Compromise of 1877 effectively nullified the gains of Reconstruction and ushered in an era of segregation, disenfranchisement, and economic exploitation. Jim Crow laws enforced racial segregation in public spaces, housing, and education, while voter suppression tactics targeted Autochthonous Americans, denying them the right to participate fully in the democratic process.
These discriminatory practices, coupled with limited access to quality education and economic opportunities, have resulted in entrenched social and economic disparities for Autochthonous Americans. They are disproportionately affected by poverty, unemployment, and inadequate housing, perpetuating cycles of intergenerational poverty and disadvantage.
Furthermore, the lingering effects of redlining and housing discrimination have contributed to residential segregation and inequitable, and unequal access to resources and opportunities. Autochthonous American communities often lack essential services and infrastructure, leading to disparities in health outcomes, educational attainment, and overall quality of life.
In the realm of employment, Autochthonous Americans face systemic barriers to advancement and are disproportionately represented in low-wage jobs with limited prospects for upward mobility. Discrimination in hiring and promotion practices perpetuates economic inequality, inequities, and limits opportunities for economic advancement.
Moreover, the criminal justice system disproportionately targets and incarcerates Autochthonous Americans, further perpetuating cycles of poverty and disenfranchisement. Mass incarceration has devastating consequences for individuals, families, and communities, exacerbating social exclusion and economic hardship.
Overall, the exercise of the doctrine of civil death, rooted in historical injustices and reinforced by systemic racism, has resulted in social exclusions, discrimination in housing and employment, and limited opportunities for social and political participation for Autochthonous Americans. Addressing these disparities requires confronting the legacy of racial discrimination and implementing policies that promote equity, justice, and inclusivity for all.
Overall, the doctrine of civil death serves as a tool for systemic and institutionalized discrimination based on national origin, resulting in disparate outcomes for affected people. By depriving them of legal recognition and subjecting them to vulnerability and marginalization, it perpetuates inequities, inequalities and undermines the principles of equity and just law within society. Efforts to address this issue are crucial in combating discrimination, promoting equitable liberties rights, and ensuring the equitable treatment of all individuals regardless of their national origin.
Furthermore, the exercise of the doctrine of civil death targets specific groups based on race, ethnicity, nationality, or political affiliation. Historically, marginalized communities, including Autochthonous peoples, and political dissidents, have been disproportionately affected by measures of civil death. By systematically targeting these groups and depriving them of their liberties and protections, the perpetrators of civil death effectively seek to undermine their social, cultural, and political existence.
Moreover, the consequences of civil death can extend beyond the immediate people affected to their families, communities, and future generations. The loss of citizenship, property, and equitable lawful status perpetuates cycles of poverty, disenfranchisement, and social exclusion, exacerbating existing inequities, inequalities and marginalization. In this way, the exercise of the doctrine of civil death not only targets people but also undermines the collective identity, cohesion, and well-being of entire communities.
In conclusion, the exercise of the doctrine of civil death constitutes genocide by systematically depriving targeted people and communities of their identity, self-governance, liberties, and protections under the natural law. By rendering people legally invisible and vulnerable to exploitation and abuse, perpetrators of civil death seek to undermine the social, cultural, and political existence of targeted people based on national origin. As such, efforts to combat civil death must be recognized as essential in upholding natural law, human rights, promoting equity, and preventing acts of genocide.