Author: Kerwin Kaye
Publisher: Columbia University Press
ISBN: 0231547099
Category : Social Science
Languages : en
Pages : 525
Book Description
In 1989, the first drug-treatment court was established in Florida, inaugurating an era of state-supervised rehabilitation. Such courts have frequently been seen as a humane alternative to incarceration and the war on drugs. Enforcing Freedom offers an ethnographic account of drug courts and mandatory treatment centers as a system of coercion, demonstrating how the state uses notions of rehabilitation as a means of social regulation. Situating drug courts in a long line of state projects of race and class control, Kerwin Kaye details the ways in which the violence of the state is framed as beneficial for those subjected to it. He explores how courts decide whether to release or incarcerate participants using nominally colorblind criteria that draw on racialized imagery. Rehabilitation is defined as preparation for low-wage labor and the destruction of community ties with “bad influences,” a process that turns participants against one another. At the same time, Kaye points toward the complex ways in which participants negotiate state control in relation to other forms of constraint in their lives, sometimes embracing the state’s salutary violence as a means of countering their impoverishment. Simultaneously sensitive to ethnographic detail and theoretical implications, Enforcing Freedom offers a critical perspective on the punitive side of criminal-justice reform and points toward alternative paths forward.
Enforcing Freedom
Author: Kerwin Kaye
Publisher: Columbia University Press
ISBN: 0231547099
Category : Social Science
Languages : en
Pages : 525
Book Description
In 1989, the first drug-treatment court was established in Florida, inaugurating an era of state-supervised rehabilitation. Such courts have frequently been seen as a humane alternative to incarceration and the war on drugs. Enforcing Freedom offers an ethnographic account of drug courts and mandatory treatment centers as a system of coercion, demonstrating how the state uses notions of rehabilitation as a means of social regulation. Situating drug courts in a long line of state projects of race and class control, Kerwin Kaye details the ways in which the violence of the state is framed as beneficial for those subjected to it. He explores how courts decide whether to release or incarcerate participants using nominally colorblind criteria that draw on racialized imagery. Rehabilitation is defined as preparation for low-wage labor and the destruction of community ties with “bad influences,” a process that turns participants against one another. At the same time, Kaye points toward the complex ways in which participants negotiate state control in relation to other forms of constraint in their lives, sometimes embracing the state’s salutary violence as a means of countering their impoverishment. Simultaneously sensitive to ethnographic detail and theoretical implications, Enforcing Freedom offers a critical perspective on the punitive side of criminal-justice reform and points toward alternative paths forward.
Publisher: Columbia University Press
ISBN: 0231547099
Category : Social Science
Languages : en
Pages : 525
Book Description
In 1989, the first drug-treatment court was established in Florida, inaugurating an era of state-supervised rehabilitation. Such courts have frequently been seen as a humane alternative to incarceration and the war on drugs. Enforcing Freedom offers an ethnographic account of drug courts and mandatory treatment centers as a system of coercion, demonstrating how the state uses notions of rehabilitation as a means of social regulation. Situating drug courts in a long line of state projects of race and class control, Kerwin Kaye details the ways in which the violence of the state is framed as beneficial for those subjected to it. He explores how courts decide whether to release or incarcerate participants using nominally colorblind criteria that draw on racialized imagery. Rehabilitation is defined as preparation for low-wage labor and the destruction of community ties with “bad influences,” a process that turns participants against one another. At the same time, Kaye points toward the complex ways in which participants negotiate state control in relation to other forms of constraint in their lives, sometimes embracing the state’s salutary violence as a means of countering their impoverishment. Simultaneously sensitive to ethnographic detail and theoretical implications, Enforcing Freedom offers a critical perspective on the punitive side of criminal-justice reform and points toward alternative paths forward.
Enforcing Silence
Author: David Landy
Publisher: Zed Books Ltd.
ISBN: 1786996537
Category : Political Science
Languages : en
Pages : 299
Book Description
Academic freedom is under siege, as our universities become the sites of increasingly fraught battles over freedom of speech. While much of the public debate has focussed on ‘no platforming’ by students, this overlooks the far graver threat posed by concerted efforts to silence the critical voices of both academics and students, through the use of bureaucracy, legal threats and online harassment. Such tactics have conspicuously been used, with particularly virulent effect, in an attempt to silence academic criticism of Israel. This collection uses the controversies surrounding the Israeli-Palestinian conflict as a means of exploring the limits placed on academic freedom in a variety of different national contexts. It looks at how the increased neoliberalisation of higher education has shaped the current climate, and considers how academics and their universities should respond to these new threats. Bringing together new and established scholars from Palestine and the wider Middle East as well as the US and Europe, Enforcing Silence shows us how we can and must defend our universities as places for critical thinking and free expression.
Publisher: Zed Books Ltd.
ISBN: 1786996537
Category : Political Science
Languages : en
Pages : 299
Book Description
Academic freedom is under siege, as our universities become the sites of increasingly fraught battles over freedom of speech. While much of the public debate has focussed on ‘no platforming’ by students, this overlooks the far graver threat posed by concerted efforts to silence the critical voices of both academics and students, through the use of bureaucracy, legal threats and online harassment. Such tactics have conspicuously been used, with particularly virulent effect, in an attempt to silence academic criticism of Israel. This collection uses the controversies surrounding the Israeli-Palestinian conflict as a means of exploring the limits placed on academic freedom in a variety of different national contexts. It looks at how the increased neoliberalisation of higher education has shaped the current climate, and considers how academics and their universities should respond to these new threats. Bringing together new and established scholars from Palestine and the wider Middle East as well as the US and Europe, Enforcing Silence shows us how we can and must defend our universities as places for critical thinking and free expression.
Shades of Freedom
Author: A. Leon Higginbotham Jr.
Publisher: Oxford University Press
ISBN: 0190284099
Category : Social Science
Languages : en
Pages : 254
Book Description
Few individuals have had as great an impact on the law--both its practice and its history--as A. Leon Higginbotham, Jr. A winner of the Presidential Medal of Freedom, the nation's highest civilian honor, he has distinguished himself over the decades both as a professor at Yale, the University of Pennsylvania, and Harvard, and as a judge on the United States Court of Appeals. But Judge Higginbotham is perhaps best known as an authority on racism in America: not the least important achievement of his long career has been In the Matter of Color, the first volume in a monumental history of race and the American legal process. Published in 1978, this brilliant book has been hailed as the definitive account of racism, slavery, and the law in colonial America. Now, after twenty years, comes the long-awaited sequel. In Shades of Freedom, Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present, demonstrating how the one agent that should have guaranteed equal treatment before the law--the judicial system--instead played a dominant role in enforcing the inferior position of blacks. The issue of racial inferiority is central to this volume, as Higginbotham documents how early white perceptions of black inferiority slowly became codified into law. Perhaps the most powerful and insightful writing centers on a pair of famous Supreme Court cases, which Higginbotham uses to portray race relations at two vital moments in our history. The Dred Scott decision of 1857 declared that a slave who had escaped to free territory must be returned to his slave owner. Chief Justice Roger Taney, in his notorious opinion for the majority, stated that blacks were "so inferior that they had no right which the white man was bound to respect." For Higginbotham, Taney's decision reflects the extreme state that race relations had reached just before the Civil War. And after the War and Reconstruction, Higginbotham reveals, the Courts showed a pervasive reluctance (if not hostility) toward the goal of full and equal justice for African Americans, and this was particularly true of the Supreme Court. And in the Plessy v. Ferguson decision, which Higginbotham terms "one of the most catastrophic racial decisions ever rendered," the Court held that full equality--in schooling or housing, for instance--was unnecessary as long as there were "separate but equal" facilities. Higginbotham also documents the eloquent voices that opposed the openly racist workings of the judicial system, from Reconstruction Congressman John R. Lynch to Supreme Court Justice John Marshall Harlan to W. E. B. Du Bois, and he shows that, ironically, it was the conservative Supreme Court of the 1930s that began the attack on school segregation, and overturned the convictions of African Americans in the famous Scottsboro case. But today racial bias still dominates the nation, Higginbotham concludes, as he shows how in six recent court cases the public perception of black inferiority continues to persist. In Shades of Freedom, a noted scholar and celebrated jurist offers a work of magnificent scope, insight, and passion. Ranging from the earliest colonial times to the present, it is a superb work of history--and a mirror to the American soul.
Publisher: Oxford University Press
ISBN: 0190284099
Category : Social Science
Languages : en
Pages : 254
Book Description
Few individuals have had as great an impact on the law--both its practice and its history--as A. Leon Higginbotham, Jr. A winner of the Presidential Medal of Freedom, the nation's highest civilian honor, he has distinguished himself over the decades both as a professor at Yale, the University of Pennsylvania, and Harvard, and as a judge on the United States Court of Appeals. But Judge Higginbotham is perhaps best known as an authority on racism in America: not the least important achievement of his long career has been In the Matter of Color, the first volume in a monumental history of race and the American legal process. Published in 1978, this brilliant book has been hailed as the definitive account of racism, slavery, and the law in colonial America. Now, after twenty years, comes the long-awaited sequel. In Shades of Freedom, Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present, demonstrating how the one agent that should have guaranteed equal treatment before the law--the judicial system--instead played a dominant role in enforcing the inferior position of blacks. The issue of racial inferiority is central to this volume, as Higginbotham documents how early white perceptions of black inferiority slowly became codified into law. Perhaps the most powerful and insightful writing centers on a pair of famous Supreme Court cases, which Higginbotham uses to portray race relations at two vital moments in our history. The Dred Scott decision of 1857 declared that a slave who had escaped to free territory must be returned to his slave owner. Chief Justice Roger Taney, in his notorious opinion for the majority, stated that blacks were "so inferior that they had no right which the white man was bound to respect." For Higginbotham, Taney's decision reflects the extreme state that race relations had reached just before the Civil War. And after the War and Reconstruction, Higginbotham reveals, the Courts showed a pervasive reluctance (if not hostility) toward the goal of full and equal justice for African Americans, and this was particularly true of the Supreme Court. And in the Plessy v. Ferguson decision, which Higginbotham terms "one of the most catastrophic racial decisions ever rendered," the Court held that full equality--in schooling or housing, for instance--was unnecessary as long as there were "separate but equal" facilities. Higginbotham also documents the eloquent voices that opposed the openly racist workings of the judicial system, from Reconstruction Congressman John R. Lynch to Supreme Court Justice John Marshall Harlan to W. E. B. Du Bois, and he shows that, ironically, it was the conservative Supreme Court of the 1930s that began the attack on school segregation, and overturned the convictions of African Americans in the famous Scottsboro case. But today racial bias still dominates the nation, Higginbotham concludes, as he shows how in six recent court cases the public perception of black inferiority continues to persist. In Shades of Freedom, a noted scholar and celebrated jurist offers a work of magnificent scope, insight, and passion. Ranging from the earliest colonial times to the present, it is a superb work of history--and a mirror to the American soul.
Work's Intimacy
Author: Melissa Gregg
Publisher: John Wiley & Sons
ISBN: 0745637469
Category : Social Science
Languages : en
Pages : 232
Book Description
This book provides a long-overdue account of online technology and its impact on the work and lifestyles of professional employees. It moves between the offices and homes of workers in the knew "knowledge" economy to provide intimate insight into the personal, family, and wider social tensions emerging in today’s rapidly changing work environment. Drawing on her extensive research, Gregg shows that new media technologies encourage and exacerbate an older tendency among salaried professionals to put work at the heart of daily concerns, often at the expense of other sources of intimacy and fulfillment. New media technologies from mobile phones to laptops and tablet computers, have been marketed as devices that give us the freedom to work where we want, when we want, but little attention has been paid to the consequences of this shift, which has seen work move out of the office and into cafés, trains, living rooms, dining rooms, and bedrooms. This professional "presence bleed" leads to work concerns impinging on the personal lives of employees in new and unforseen ways. This groundbreaking book explores how aspiring and established professionals each try to cope with the unprecedented intimacy of technologically-mediated work, and how its seductions seem poised to triumph over the few remaining relationships that may stand in its way.
Publisher: John Wiley & Sons
ISBN: 0745637469
Category : Social Science
Languages : en
Pages : 232
Book Description
This book provides a long-overdue account of online technology and its impact on the work and lifestyles of professional employees. It moves between the offices and homes of workers in the knew "knowledge" economy to provide intimate insight into the personal, family, and wider social tensions emerging in today’s rapidly changing work environment. Drawing on her extensive research, Gregg shows that new media technologies encourage and exacerbate an older tendency among salaried professionals to put work at the heart of daily concerns, often at the expense of other sources of intimacy and fulfillment. New media technologies from mobile phones to laptops and tablet computers, have been marketed as devices that give us the freedom to work where we want, when we want, but little attention has been paid to the consequences of this shift, which has seen work move out of the office and into cafés, trains, living rooms, dining rooms, and bedrooms. This professional "presence bleed" leads to work concerns impinging on the personal lives of employees in new and unforseen ways. This groundbreaking book explores how aspiring and established professionals each try to cope with the unprecedented intimacy of technologically-mediated work, and how its seductions seem poised to triumph over the few remaining relationships that may stand in its way.
Judging Addicts
Author: Rebecca Tiger
Publisher: NYU Press
ISBN: 0814784062
Category : Law
Languages : en
Pages : 208
Book Description
The number of people incarcerated in the U.S. now exceeds 2.3 million, due in part to the increasing criminalization of drug use: over 25% of people incarcerated in jails and prisons are there for drug offenses. Judging Addicts examines this increased criminalization of drugs and the medicalization of addiction in the U.S. by focusing on drug courts, where defendants are sent to drug treatment instead of prison. Rebecca Tiger explores how advocates of these courts make their case for what they call “enlightened coercion,” detailing how they use medical theories of addiction to justify increased criminal justice oversight of defendants who, through this process, are defined as both “sick” and “bad.” Tiger shows how these courts fuse punitive and therapeutic approaches to drug use in the name of a “progressive” and “enlightened” approach to addiction. She critiques the medicalization of drug users, showing how the disease designation can complement, rather than contradict, punitive approaches, demonstrating that these courts are neither unprecedented nor unique, and that they contain great potential to expand punitive control over drug users. Tiger argues that the medicalization of addiction has done little to stem the punishment of drug users because of a key conceptual overlap in the medical and punitive approaches—that habitual drug use is a problem that needs to be fixed through sobriety. Judging Addicts presses policymakers to implement humane responses to persistent substance use that remove its control entirely from the criminal justice system and ultimately explores the nature of crime and punishment in the U.S. today.
Publisher: NYU Press
ISBN: 0814784062
Category : Law
Languages : en
Pages : 208
Book Description
The number of people incarcerated in the U.S. now exceeds 2.3 million, due in part to the increasing criminalization of drug use: over 25% of people incarcerated in jails and prisons are there for drug offenses. Judging Addicts examines this increased criminalization of drugs and the medicalization of addiction in the U.S. by focusing on drug courts, where defendants are sent to drug treatment instead of prison. Rebecca Tiger explores how advocates of these courts make their case for what they call “enlightened coercion,” detailing how they use medical theories of addiction to justify increased criminal justice oversight of defendants who, through this process, are defined as both “sick” and “bad.” Tiger shows how these courts fuse punitive and therapeutic approaches to drug use in the name of a “progressive” and “enlightened” approach to addiction. She critiques the medicalization of drug users, showing how the disease designation can complement, rather than contradict, punitive approaches, demonstrating that these courts are neither unprecedented nor unique, and that they contain great potential to expand punitive control over drug users. Tiger argues that the medicalization of addiction has done little to stem the punishment of drug users because of a key conceptual overlap in the medical and punitive approaches—that habitual drug use is a problem that needs to be fixed through sobriety. Judging Addicts presses policymakers to implement humane responses to persistent substance use that remove its control entirely from the criminal justice system and ultimately explores the nature of crime and punishment in the U.S. today.
Pharmaceutical Freedom
Author: Jessica Flanigan
Publisher: Oxford University Press
ISBN: 0190684542
Category : Law
Languages : en
Pages : 289
Book Description
Jessica Flanigan defends patients' rights of self-medication on the grounds that same moral reasons against medical paternalism in clinical contexts are also reasons against paternalistic pharmaceutical policies, including prohibitive approval processes and prescription requirements.
Publisher: Oxford University Press
ISBN: 0190684542
Category : Law
Languages : en
Pages : 289
Book Description
Jessica Flanigan defends patients' rights of self-medication on the grounds that same moral reasons against medical paternalism in clinical contexts are also reasons against paternalistic pharmaceutical policies, including prohibitive approval processes and prescription requirements.
Liberty and Security
Author: Conor Gearty
Publisher: John Wiley & Sons
ISBN: 0745669980
Category : Political Science
Languages : en
Pages : 108
Book Description
All aspire to liberty and security in their lives but few people truly enjoy them. This book explains why this is so. In what Conor Gearty calls our 'neo-democratic' world, the proclamation of universal liberty and security is mocked by facts on the ground: the vast inequalities in supposedly free societies, the authoritarian regimes with regular elections, and the terrible socio-economic deprivation camouflaged by cynically proclaimed commitments to human rights. Gearty's book offers an explanation of how this has come about, providing also a criticism of the present age which tolerates it. He then goes on to set out a manifesto for a better future, a place where liberty and security can be rich platforms for everyone's life. The book identifies neo-democracies as those places which play at democracy so as to disguise the injustice at their core. But it is not just the new 'democracies' that have turned 'neo', the so-called established democracies are also hurtling in the same direction, as is the United Nations. A new vision of universal freedom is urgently required. Drawing on scholarship in law, human rights and political science this book argues for just such a vision, one in which the great achievements of our democratic past are not jettisoned as easily as were the socialist ideals of the original democracy-makers.
Publisher: John Wiley & Sons
ISBN: 0745669980
Category : Political Science
Languages : en
Pages : 108
Book Description
All aspire to liberty and security in their lives but few people truly enjoy them. This book explains why this is so. In what Conor Gearty calls our 'neo-democratic' world, the proclamation of universal liberty and security is mocked by facts on the ground: the vast inequalities in supposedly free societies, the authoritarian regimes with regular elections, and the terrible socio-economic deprivation camouflaged by cynically proclaimed commitments to human rights. Gearty's book offers an explanation of how this has come about, providing also a criticism of the present age which tolerates it. He then goes on to set out a manifesto for a better future, a place where liberty and security can be rich platforms for everyone's life. The book identifies neo-democracies as those places which play at democracy so as to disguise the injustice at their core. But it is not just the new 'democracies' that have turned 'neo', the so-called established democracies are also hurtling in the same direction, as is the United Nations. A new vision of universal freedom is urgently required. Drawing on scholarship in law, human rights and political science this book argues for just such a vision, one in which the great achievements of our democratic past are not jettisoned as easily as were the socialist ideals of the original democracy-makers.
The Fifth Freedom
Author: Anthony S. Chen
Publisher: Princeton University Press
ISBN: 1400831393
Category : Political Science
Languages : en
Pages : 424
Book Description
Where did affirmative action in employment come from? The conventional wisdom is that it was instituted during the Johnson and Nixon years through the backroom machinations of federal bureaucrats and judges. The Fifth Freedom presents a new perspective, tracing the roots of the policy to partisan conflicts over fair employment practices (FEP) legislation from the 1940s to the 1970s. Drawing on untapped sources, Anthony Chen chronicles the ironic, forgotten role played by American conservatives in the development of affirmative action. Decades before affirmative action began making headlines, millions of Americans across the country debated whether government could and should regulate job discrimination. On one side was an interfaith and interracial bloc of liberals, who demanded FEP legislation that would establish a centralized system for enforcing equal treatment in the labor market. On the other side was a bloc of business-friendly, small-government conservatives, who felt that it was unwise to "legislate tolerance" and who made common cause with the conservative wing of the Republican party. Conservatives ultimately prevailed, but their obstruction of FEP legislation unintentionally facilitated the rise of affirmative action, a policy their ideological heirs would find even more abhorrent. Broadly interdisciplinary, The Fifth Freedom sheds new light on the role of parties, elites, and institutions in the policymaking process; the impact of racial politics on electoral realignment; the history of civil rights; the decline of New Deal liberalism; and the rise of the New Right. Some images inside the book are unavailable due to digital copyright restrictions.
Publisher: Princeton University Press
ISBN: 1400831393
Category : Political Science
Languages : en
Pages : 424
Book Description
Where did affirmative action in employment come from? The conventional wisdom is that it was instituted during the Johnson and Nixon years through the backroom machinations of federal bureaucrats and judges. The Fifth Freedom presents a new perspective, tracing the roots of the policy to partisan conflicts over fair employment practices (FEP) legislation from the 1940s to the 1970s. Drawing on untapped sources, Anthony Chen chronicles the ironic, forgotten role played by American conservatives in the development of affirmative action. Decades before affirmative action began making headlines, millions of Americans across the country debated whether government could and should regulate job discrimination. On one side was an interfaith and interracial bloc of liberals, who demanded FEP legislation that would establish a centralized system for enforcing equal treatment in the labor market. On the other side was a bloc of business-friendly, small-government conservatives, who felt that it was unwise to "legislate tolerance" and who made common cause with the conservative wing of the Republican party. Conservatives ultimately prevailed, but their obstruction of FEP legislation unintentionally facilitated the rise of affirmative action, a policy their ideological heirs would find even more abhorrent. Broadly interdisciplinary, The Fifth Freedom sheds new light on the role of parties, elites, and institutions in the policymaking process; the impact of racial politics on electoral realignment; the history of civil rights; the decline of New Deal liberalism; and the rise of the New Right. Some images inside the book are unavailable due to digital copyright restrictions.
Academic Freedom in an Age of Conformity
Author: Joanna Williams
Publisher: Springer
ISBN: 1137514795
Category : Education
Languages : en
Pages : 219
Book Description
Academic freedom is increasingly being threatened by a stifling culture of conformity in higher education that is restricting individual academics, the freedom of academic thought and the progress of knowledge – the very foundations upon which academia and universities are built. Once, scholars demanded academic freedom to critique existing knowledge and to pursue new truths. Today, while fondness for the rhetoric of academic freedom remains, it is increasingly criticised as an outdated and elitist concept by students and lecturers alike and called into question by a number of political and intellectual trends such as feminism, critical theory and identity politics. This provocative and compelling book traces the demise of academic freedom within the context of changing ideas about the purpose of the university and the nature of knowledge. The book argues that a challenge to this culture of conformity and censorship and a defence of academic free speech are needed for critique to be possible and for the intellectual project of evaluating existing knowledge and proposing new knowledge to be meaningful. This book is that challenge and a passionate call to arms for the power of academic thought today.
Publisher: Springer
ISBN: 1137514795
Category : Education
Languages : en
Pages : 219
Book Description
Academic freedom is increasingly being threatened by a stifling culture of conformity in higher education that is restricting individual academics, the freedom of academic thought and the progress of knowledge – the very foundations upon which academia and universities are built. Once, scholars demanded academic freedom to critique existing knowledge and to pursue new truths. Today, while fondness for the rhetoric of academic freedom remains, it is increasingly criticised as an outdated and elitist concept by students and lecturers alike and called into question by a number of political and intellectual trends such as feminism, critical theory and identity politics. This provocative and compelling book traces the demise of academic freedom within the context of changing ideas about the purpose of the university and the nature of knowledge. The book argues that a challenge to this culture of conformity and censorship and a defence of academic free speech are needed for critique to be possible and for the intellectual project of evaluating existing knowledge and proposing new knowledge to be meaningful. This book is that challenge and a passionate call to arms for the power of academic thought today.
How Constitutional Rights Matter
Author: Adam S. Chilton
Publisher:
ISBN: 0190871458
Category : Law
Languages : en
Pages : 397
Book Description
Do countries that add rights to their constitutions actually do better at protecting those rights? This study draws on global statistical analyses and survey experiments to answer this question. It explores whether constitutionalizing rights improves respect for those rights in practice.
Publisher:
ISBN: 0190871458
Category : Law
Languages : en
Pages : 397
Book Description
Do countries that add rights to their constitutions actually do better at protecting those rights? This study draws on global statistical analyses and survey experiments to answer this question. It explores whether constitutionalizing rights improves respect for those rights in practice.