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The Prison State and the Lockdown of American Politics
The huge prison buildup of the past four decades has few defenders today, yet reforms to reduce the number of people in U.S. jails and prisons have been remarkably modest. Meanwhile, a carceral state has sprouted in the shadows of mass imprisonment, extending its reach far beyond the prison gate. It includes not only the country’s vast archipelago of jails and prisons but also the growing range of penal punishments and controls that lie in the never-never land between prison and full citizenship, from probation and parole to immigrant detention, felon disenfranchisement, and extensive lifetime restrictions on sex offenders. As it sunders families and communities and reworks conceptions of democracy, rights, and citizenship, this ever-widening carceral state poses a formidable political and social challenge.
In this book, Marie Gottschalk examines why the carceral state, with its growing number of outcasts, remains so tenacious in the United States. She analyzes the shortcomings of the two dominant penal reform strategies—one focused on addressing racial disparities, the other on seeking bipartisan, race-neutral solutions centered on reentry, justice reinvestment, and reducing recidivism.
In this bracing appraisal of the politics of penal reform, Gottschalk exposes the broader pathologies in American politics that are preventing the country from solving its most pressing problems, including the stranglehold that neoliberalism exerts on public policy. She concludes by sketching out a promising alternative path to begin dismantling the carceral state.
Cultural and Institutional Crossings in the History of Anthropology
The terms "center" and "periphery" are particularly relevant to anthropologists, since traditionally they look outward from institutional "centers"-universities, museums, government bureaus-to learn about people on the "peripheries." Yet anthropology itself, as compared with economics, politics, or history, occupies a space somewhat on the margins of academe. Still, anthropologists, who control esoteric knowledge about the vast range of human variation, often find themselves in a theoretically central position, able to critique the "universal" truths promoted by other disciplines.
Central Sites, Peripheral Visions presents five case studies that explore the dilemmas, moral as well as political, that emerge out of this unique position. From David Koester's analysis of how ethnographic descriptions of Iceland marginalized that country's population, to Kath Weston's account of an offshore penal colony where officials mixed prison work with ethnographic pursuits; from Brad Evans's reflections on the "bohemianism" of both the Harlem vogue and American anthropology, to Arthur J. Ray's study of anthropologists who serve as expert witnesses in legal cases, the essays in the eleventh volume of the History of Anthropology Series reflect on anthropology's always problematic status as centrally peripheral, or peripherally central.
Finally, George W. Stocking, Jr., in a contribution that is almost a book in its own right, traces the professional trajectory of American anthropologist Robert Gelston Armstrong, who was unceremoniously expelled from his place of privilege because of his communist sympathies in the 1950s. By taking up Armstrong's unfinished business decades later, Stocking engages in an extended meditation on the relationship between center and periphery and offers "a kind of posthumous reparation," a page in the history of the discipline for a distant colleague who might otherwise have remained in the footnotes.
The Islamization of Law in Modern Indonesia
Challenging the Secular State examines Muslim efforts to incorporate shari’a (religious law) into modern Indonesia’s legal system from the time of independence in 1945 to the present. The author argues that attempts to formally implement shari’a in Indonesia, the world’s most populous Muslim state, have always been marked by tensions between the political aspirations of proponents and opponents of shari’a and by resistance from the national government. As a result, although pro-shari’a movements have made significant progress in recent years, shari’a remains tightly confined within Indonesia’s secular legal system. The author first places developments in Indonesia within a broad historical and geographic context, offering a provocative analysis of the Ottoman empire’s millet system and thoughtful comparisons of different approaches to pro-shari’a movements in other Muslim countries (Saudi Arabia, Iran, Pakistan). He then describes early aspirations for the formal implementation of shari’a in Indonesia in the context of modern understandings of religious law as conflicting with the idea of the nation-state. Later chapters explore the efforts of Islamic parties in Indonesia to include shari’a in national law. Salim offers a detailed analysis of debates over the constitution and possible amendments to it concerning the obligation of Indonesian Muslims to follow Islamic law. A study of the Zakat Law illustrates the complicated relationship between the religious duties of Muslim citizens and the nonreligious character of the modern nation-state. Chapters look at how Islamization has deepened with the enactment of the Zakat Law and demonstrate the incongruities that have emerged from its implementation. The efforts of local Muslims to apply shari’a in particular regions are also discussed. Attempts at the Islamization of laws in Aceh are especially significant because it is the only province in Indonesia that has been allowed to move toward a shari’a-based system. The book concludes with a review of the profound conflicts and tensions found in the motivations behind Islamization.
Judge John Minor Wisdom
One of the least publicly recognized heroes of the civil rights movement in the United States, John Minor Wisdom served as a member of the U.S. Court of Appeals for the Fifth Circuit from 1957 until his death in 1999 and wrote many of the landmark decisions instrumental in desegregating the American South. In this revealing biography, law professor Joel William Friedman explores Judge Wisdom's substantial legal contributions and political work at a critical time in the history of the South. In 1957, President Eisenhower appointed Wisdom to the Fifth Circuit, which included some of the most deeply segregated southern states: Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas. In the tumultuous two decades following its decision in Brown v. Board of Education, the Supreme Court issued only a few civil rights decisions, preferring instead to affirm Fifth Circuit Court opinions or let them stand without hearing an appeal. Judge Wisdom, therefore, authored many of the decisions that transformed the South and broke down barriers of all kinds for African Americans, including the desegregation of public schools. In preparing this first full-length biography of Judge Wisdom, Friedman had unrestricted access to Wisdom's voluminous repository of personal and professional papers. In addition, he draws on personal interviews with law clerks who served under Judge Wisdom, resulting in a unique, behind-the-scenes account of some of the nation's most important legal decisions: the admission of the first black student to the University of Mississippi, the initiation of contempt proceedings against Mississippi Governor Ross Barnett, and the destruction of obstacles that had previously kept black Americans from voting. Friedman also explores Wisdom's political life prior to joining the federal bench, including his pivotal role in resurrecting the Louisiana Republican Party and in securing the Republican presidential nomination for Eisenhower. A compelling account of how a child of privilege from one of America's most socially and racially stratified cities came to serve as the driving force behind the legal effort to end segregation, Champion of Civil Rights offers judicial biography at its best.
Three-Volume Slipcased Set, with Illustrations
This new Liberty Fund edition of Characteristicks presents the complete 1732 text of this classic work of philosophy and political theory. Also included are faithful reproductions of the stirring engravings that Shaftesbury created to facilitate the reader's consideration of his meditations on the interrelationships among truth, goodness, beauty, virtue, liberty, responsibility, society, and the state. Click here to view a sample art card.
The grandson of a founder and leader of the English Whigs, and tutored by John Locke, Anthony Ashley Cooper, the Third Earl of Shaftesbury (1671–1713), wrote one of the most intellectually influential works in English of the eighteenth century. This was the three-volume Characteristicks, originally published in 1711, but revised in 1714 to accommodate the engravings of illustrations that Shaftesbury himself executed to aid the reader's consideration of his reflections on virtue as a kind of rationally achieved harmony among the affections.
Widely regarded as the first exponent of the view that ethics derives, not from reason alone, but from "sentiment," Shaftesbury criticizes not only Locke but, especially, Hobbes for the dim view that "the state of nature" is "a war of all against all." To the contrary, Shaftesbury argued that human nature responds most fully to representations of the good, the true, and the beautiful, and that human beings naturally desire society. In all of these reflections, he provides a large scope for the exercise of individual liberty and responsibility.
Douglas Den Uyl has for many years been a Professor of Philosophy at Bellarmine College, Louisville, and is Vice President of Educational Programs for Liberty Fund, Inc.
The Mexican American Legal Struggle for Educational Equality
In 1925 Adolfo ‘Babe’ Romo, a Mexican American rancher in Tempe, Arizona, filed suit against his school district on behalf of his four young children, who were forced to attend a markedly low-quality segregated school, and won. But Romo v. Laird was just the beginning. Some sources rank Mexican Americans as one of the most poorly educated ethnic groups in the United States. Chicano Students and the Courts is a comprehensive look at this community’s long-standing legal struggle for better schools and educational equality. Through the lens of critical race theory, Valencia details why and how Mexican American parents and their children have been forced to resort to legal action.
Chicano Students and the Courts engages the many areas that have spurred Mexican Americans to legal battle, including school segregation, financing, special education, bilingual education, school closures, undocumented students, higher education financing, and high-stakes testing, ultimately situating these legal efforts in the broader scope of the Mexican American community’s overall struggle for the right to an equal education. Extensively researched, and written by an author with firsthand experience in the courtroom as an expert witness in Mexican American education cases, this volume is the first to provide an in-depth understanding of the intersection of litigation and education vis-à-vis Mexican Americans.
In the first book in a generation to offer a fresh interpretation of the Supreme Court during the pivotal tenure of Melville W. Fuller, James Ely provides a judicial biography of the man who led the court from 1888 until 1910 as well as a comprehensive and thoughtful analysis of the jurisprudence dispensed under his leadership. Highlighting Fuller's skills as a judicial administrator, Ely argues that a commitment to economic liberty, security of private property, limited government, and states' rights guided Fuller and his colleagues in their treatment of constitutional issues. Ely directly challenges the conventional idea that the Fuller Court adopted laissez-faire principles in order to serve the needs of business. Rather, Ely presents the Supreme Court's efforts to safeguard economic rights not as a single-minded devotion to corporate interests but as a fulfillment of the property-conscious values that shaped the constitution-making process in 1787.