Social Murder

Authors

• Marissa Jackson Sow, University of Richmond School of LawFollow

Abstract

In recent years, variations on Engels’s concept of social murder have been adopted into British legal and sociological lexicons to conceptualize the state’s reckless sacrifices of its most vulnerable populations—people deemed socially undesirable, legally undeserving, and economically redundant. The state allows these populations to die a multitude of deaths by failing to protect them; notably, victims of social murder are relegated to society’s underclasses, if not completely excluded from the body politic, before they are physically eliminated. Social murder is neither genocide nor ethnic cleansing; instead, social murder captures the elimination of groups of people via atrocious events for which the state bears indirect or partial responsibility, through calculated abandonment instead of specific intent.

Social murder takes place in the United States, too, though it has yet to be recognized. This Article undertakes the task of introducing the concept of social murder into the American legal lexicon, explaining how the United States employs social murder as a necropolitical governance technology, and sounding an alarm concerning the likely increase in social murders as corporate authoritarianism and fascism threaten to overtake democratic rule of law. The Article makes the claim that because instances of social murder in the United States necessarily involve breaches of enforceable agreements as well as the democratic social contract, social murder is best analyzed through social contracting theory. Social murder should be viewed not simply as catastrophe, but as either extreme breach of the social contract, or as the performance of antisocial contracting that relies upon culling as governance.

Recommended Citation

Marissa Jackson Sow, Social Murder, 82 Wash. & Lee L. Rev. 1570 (2026).
Available at: https://scholarlycommons.law.wlu.edu/wlulr/vol82/iss5/4