This book explores the dramatic evolution of a feminist movement that mobilised to challenge a women’s prison system in crisis. Through in-depth historical research conducted in the Australian state of Victoria that spans the 1980s and 1990s, the authors uncover how incarcerated women have worked productively with feminist activists and community coalitions to expose, critique and resist the conditions and harms of their confinement. Resisting Carceral Violence tells the story of how activists—through a combination of creative direct actions, (...) reformist lobbying and legal challenges—forged an anti-carceral feminist movement that traversed the prison walls. This powerful history provides vital lessons for service providers, social justice advocates and campaigners, academics and students concerned with the violence of incarceration. It calls for a willingness to look beyond the prison and instead embrace creative solutions to broader structural inequalities and social harm. (shrink)

This paper uses a materialist feminist discourse analysis to examine how women’s movement organizations, liberal Democrats, and conservative Republican legislators shaped the Violence Against Women Act and the consequences for intersectional and carceral feminism. Drawing on qualitative analysis of Congressional hearings, published feminist and conservative discussion of VAWA, and accounts of feminist mobilization around VAWA, I first show how a multi-issue coalition led by feminists shaped VAWA. Second, I show how discourses of crime intermixed with feminism into a (...) polysemic gendered crime frame that facilitated cross-ideological support. Third, I show how, in contrast, intersectional issues that activists understood as central to violence against women were discursively and structurally separated from gendered crime in Congress. Although a multi-issue movement coalition advocated for expansions in VAWA dealing with immigrants, unmarried partners, same-sex partners, transgender people, and Native Americans, these issues were understood in Congress through more controversial single-issue discourses and often considered in administratively separate Congressional committees. Fourth, I show how VAWA’s outcomes played out in terms of carceral and intersectional feminist goals. (shrink)

This commentary reflects on recent instances of anti-Asian violence and state responses to redress violence through data-driven strategies. Data collection often presents itself as an appealing strategy, due to impacted communities’ desires for evidence and metrics to substantiate political claims. Yet, data collection can bolster the carceral state. This commentary takes an antagonistic approach to policing, including the ongoing creation of data infrastructures by—and for—law enforcement through hate crimes legislation. We critically discuss the challenges and possibilities in (...) building towards anti-carceral responses amidst ongoing racial violence and crisis. (shrink)

ABSTRACT Prisons intersect with violence in multiple ways. In addition to holding people convicted of violent harms while also inflicting violence on those inside (including staff), they enact violence on the basic ability to be human by continually severing the kinds of personal relationships that define what it means to be human, such as through solitary confinement and the severe limitations placed by prisons on personal relationships between prisoners and people on the outside. This article questions the (...) distinction between “violent offenders” and “nonviolent offenders,” suggests that the entire criminal legal system itself enacts exorbitant violence, and asks how people leaving prison are supposed to be able to recover their humanity by relearning how to form meaningful and committed relationships, after living for years in a place that denies them that right. (shrink)

This paper reflects upon the adoption of Lesbian, Gay, Bisexual, Transgender and Intersex rights discourse and imagery in police public relations and problematises the construction of police as protectors and defenders of gay liberties and homonormative life. Building from a foundational conceptualisation of policing as a racial capitalist project, it analyses the phenomenon of police rainbow branding practiced in nominally public spaces, such as Pride parades, and online through news media and social networking sites. Drawing on critiques of queer liberalism (...) and complicities with state violence, the paper explores the contours of carceral homonationalism, arguing that ‘officially anti-homophobic’ police image work attempts to obscure the role of the carceral state in producing sexual and gender oppression. However, this image work has also given rise to new forms of political action. Counter-movements against police and ‘carceral pride’ are actively reworking the distributions of space and visibility within LGBTI movements. (shrink)

Most mainstream feminist anti-rape scholarship and activism may be described as carceral feminism, insofar as it fails to engage with critiques of the criminal punishment system and endorses law-and-order responses to sexual and gendered violence. Mainstream feminist anti-rape scholars and activists often view increased conviction rates and longer sentences as a political goal—or, at the very least, are willing to collaborate with police and lament cases where perpetrators of sexual violence are given “light” or non-custodial sentences. Prison (...) abolitionists, on the other hand, have tended to insist that most lawbreakers are non-violent and that the “dangerous” are “few”, thus avoiding serious engagement with the widespread phenomenon of sexual violence. Despite the prevalence of carceral feminism, to my knowledge no feminist scholar has explicitly embraced this label, and the closest I have found to a defense of carceral feminism is feminist legal scholar Lise Gotell’s “critique of the critique of carceral feminism”. For this reason, it is with Gotell’s article that I primarily engage in defending anti-carceral feminism and prison abolitionism even in the difficult case of sexual assault. (shrink)

In recent years, critiques of “carceral feminism” have proliferated, objecting to feminist support for punitive policies against sexual and gendered violence that have contributed to mass incarceration. While the convergence of feminist and antiprison efforts is important, this essay argues that critiques of carceral feminism are limited insofar as they present a binary choice between the criminal legal system and informal community justice practices. First, this binary allows critics to overlook rather than engage feminist disagreements about the (...) state and sexual harm. Second, the narrow focus on alternative solutions to harm obscures the plural and contested nature of prison abolition, which may include efforts to seize the state and to problematize carceral logics. Drawing on Michel Foucault, alongside Angela Davis and other contemporary prison abolitionists, I suggest that feminist prison abolition is better served by envisioning a spectrum of decarceration. (shrink)

What is the relationship between prisons designed to lock people in and suburban fortresses designed to lock people out? Building on Jonathan Simon’s account of “homeowner citizenship,” I argue that the gated community is the structural counterpart to the prison in a neoliberal carceral state. Levinas’s account of the ambiguity of dwelling—as shelter for our constitutive relationality, as a site of mastery or possessive isolation, and as the opening of hospitality—helps to articulate what is at stake in homeowner citizenship, (...) beyond the spectre of stranger danger: namely, my own capacity for murderous violence, and my investment in this violence through the occupation of territory and the accumulation of private property. Given the systemic nature of such investments, the meaning of hospitality in the carceral state is best expressed in abolitionist social movements like the Movement for Black Lives, which holds space for a radical restructuring of the world. (shrink)

What is the relationship between prisons designed to lock people in and suburban fortresses designed to lock people out? Building on Jonathan Simon’s account of “homeowner citizenship,” I argue that the gated community is the structural counterpart to the prison in a neoliberal carceral state. Levinas’s account of the ambiguity of dwelling—as shelter for our constitutive relationality, as a site of mastery or possessive isolation, and as the opening of hospitality—helps to articulate what is at stake in homeowner citizenship, (...) beyond the spectre of stranger danger: namely, my own capacity for murderous violence, and my investment in this violence through the occupation of territory and the accumulation of private property. Given the systemic nature of such investments, the meaning of hospitality in the carceral state is best expressed in abolitionist social movements like the Movement for Black Lives, which holds space for a radical restructuring of the world. (shrink)

This essay brings psychoanalytic theory on trauma together with film and television criticism on rape narrative in an analysis of Michael Coel’s 2020 series I May Destroy You. Beyond the limited carceral framework of the police procedural, which dislocates the act of violence from the survivor’s history and context, Coel’s polyvalent, looping narrative metabolizes rape television’s forms and genres in order to stage and restage both trauma and genre again and anew. Contesting common conceptions of vulnerability and susceptibility (...) that prefigure a violent breach of autonomy, Coel’s series and her interviews about it invite an ethics of looking that embraces a curiosity in the unknowable and untreatable kernel of subjective experience and defies and resists a policing of the survivor’s thoughts and emotions. By emphasizing and exploring what psychoanalysis calls the “afterwardness” of trauma, Coel foregrounds her main character’s subjectivity prior to her victimization, widens the sphere of consequence beyond the victim and criminal justice system to the survivor’s larger community, and entreats that community to preserve a space for her to look and look again at everything, without judgment. (shrink)

The United States carceral system, as currently designed and implemented, is widely considered to be an immoral and inhumane system of criminal punishment. There are a number of pressing issues related to this topic, but in this essay, I will focus upon the problem of prison violence. Inadequate supervision has resulted in unsafe prison conditions where inmates are regularly threatened with rape, assault, and other forms of physical violence. Such callous disregard and exposure to unreasonable risk constitutes (...) a severe violation of the rights of prisoners by the state. While there have been numerous legal, political, and activist efforts to draw attention to this issue—with the goal of reforming and making prisons safer—my goal is different. I argue that inmates who are victims of prison violence should have their sentences automatically reduced. Two distinct arguments are advanced in support of this claim. First, I argue that acts of prison violence are a sort of state-mediated harm which can thus be appropriately described as punishment-constituting. Second, and more straightforwardly, I argue that the compensation owed to prisoners who are victims of prison violence may naturally take the form of a reduced sentence. (shrink)

Despite many significant points of intersection between his work and that of Hannah Arendt, the legal scholar Robert Cover largely declined to engage her perspective, which posed major challenges to his own. While scholars seeking to rethink Cover's legacy in order to develop a jurisprudence of violence have criticized Cover's acquiescence to the Hobbesian model of the sovereign state, they have similarly ignored Arendt's critique of the Hobbesian model and her attempts to build an alternative to it. This article (...) examines central issues of convergence and divergence between Arendt's and Cover's approaches to law, politics, and violence with the aim to redress this neglect of Arendt's perspective. It begins by focusing on their interpretations of the role and significance of the courtroom trial. It then compares their analysis of the character, effects, and implications of domination as a type of organized power and as a means of conceptualizing punishment, before it concentrates on their instrumental conception of violence, the issue of justification, and its relationship to power. The article concludes by arguing that Arendt's approach, which situates an analysis of law and violence within a broader critique of modernity, provides a more trenchant critical framework for examining the rise of the carceral state than does Cover's. (shrink)

Despite the persistence of violence inside and around prisons, and the dubious adequacy of criminal law to respond to victim–survivors, international human rights (IHR) discourse increasingly promotes the mobilisation of the state’s penal apparatus to respond to human rights violations, including violence against women (VAW). Using an anticolonial feminist approach, this article scrutinises the ontological and epistemological commitments underlying ‘human rights penality,’ by analysing features of the Western-colonial register vis-a-vis more relational worldviews. Separateness, abstraction, and transcendence broadly underpin (...) the exclusion of embodied experience, context, and material reality from the juridical field. In the second part, through discourse analysis of Inter-American and European case law, the author shows the deployment of human rights penality, the displacement of experience, and the disregard of context in IHR discourse. VAW is construed as a procedural and penal matter: it is the absence of a penal process that courts regard as failure to protect women, rather than the state’s inability/unwillingness to address structural subordination. Moreover, the ‘virtues’ attributed to the penal system justify its expansion, which facilitates the continuity of penal violence and debilitates alternative approaches to justice. Finally, the author posits penal abolition as an anticolonial praxis, pointing at examples of anti-carceral feminist work. (shrink)

La justice transformatrice opère à trois niveaux interconnectés : macropolitiquement, elle œuvre à l’abolition du capitalisme carcéral ; micropolitiquement, elle développe des formes d’entraide communautaire pour prévenir les violences ; et nanopolitiquement, elle invente une forme de justice à ras du sol pour médier les relations interpersonnelles. Ces trois niveaux se répondent de manière fractale et créent un sens de la communauté/sous-communalité comme cet endroit, précaire, bricolé, en constant effort de réinvention, où nous nous rendons capables de rendre des comptes (...) de ce que nous nous faisons. (shrink)

Pamela Sue Anderson argues for an ethical vulnerability which “activates an openness to becoming changed” that “can make possible a relational accountability to one another on ethical matters”. In this essay I pursue Anderson’s solicitation that there is a positive politics to be developed from acknowledging and affirming vulnerability. I propose that this politics is one which has a specific relevance for animating the terms of feminist responses to sexual violence, something which has proved difficult for feminist theorists and (...) activists alike. I will demonstrate the contribution of Anderson’s work to such questions by examining the way in which “ethical vulnerability” as a framework can illuminate the intersectional feminist character of Tarana Burke’s grassroots Me Too movement when compared with the mainstream, viral version of the movement. I conclude by arguing that Anderson’s “ethical vulnerability” contains ontological insights which can allay both activist and academic concerns regarding how to respond to sexual violence. (shrink)

Polo‐like kinase 1 (PLK1) is a serine/threonine kinase that plays multiple and essential roles during the cell division cycle. Its inhibition in cultured cells leads to severe mitotic aberrancies and cell death. Whereas previous reports suggested that Plk1 depletion in mice leads to a non‐mitotic arrest in early embryos, we show here that the bi‐allelic Plk1 depletion in mice certainly results in embryonic lethality due to extensive mitotic aberrations at the morula stage, including multi‐ and mono‐polar spindles, impaired chromosome segregation (...) and cytokinesis failure. In addition, the conditional depletion of Plk1 during mid‐gestation leads also to severe mitotic aberrancies. Our data also confirms that Plk1 is completely dispensable for mitotic entry in vivo. On the other hand, Plk1 haploinsufficient mice are viable, and Plk1‐heterozygous fibroblasts do not harbor any cell cycle alterations. Plk1 is overexpressed in many human tumors, suggesting a therapeutic benefit of inhibiting Plk1, and specific small‐molecule inhibitors for this kinase are now being evaluated in clinical trials. Therefore, the different Plk1 mouse models here presented are a valuable tool to reexamine the relevance of the mitotic kinase Plk1 during mammalian development and animal physiology. (shrink)

This article situates the (human) body as a signifier for society at large, arguing that developments in many societies of structural and systematic violence that targets minorities such as refugees and first nation peoples, points to a failure of democratic values. Using two examples, we elaborate technology and digital devices as prosthesis of the body, that are also acting as proxy for state violence. The first example is from the carceral archipelago of Manus Island as a site (...) of remote detention of refugees carried out by the Australian government. Refugees held on Manus Island describe the treatment they experience as torture. The second example is drawn from the Australian mainland, telling the stories of First Nations children subjected to abuse and violence in juvenile detention centers. A judicial inquiry (Royal Commission) found that a systematic approach aimed at punishing children constituted torture. The concepts developed in this article are those of bordering and racialization, while the intertwining of human and “more than human life” helps to understand and challenge the necropolitical power evident in (liberal) capitalism. (shrink)

In this discussion, I engage the politics of intention to explore how structural racism structures the production of meaning and the practice of reason. Building on María Lugones's analysis of intention formation as a form of practical reasoning, I explore the reasoning at work during the 2011 Stand Your Ground (SYG) hearing of black survivor of domestic violence, Marissa Alexander, to contend that structural racism—in this case, both intimate personal violence and intimate state violence against black women—enacts (...) race/gender domination through projecting constructed intentions onto black women as a strategy to rationalize punishing black women. I also discuss two key black feminist critiques of reason—Patricia Hill Collins’ discussion of “controlling images” (2000) and Michelle Cliff's concept of the “mythic mind” (1982)—to propose controlling intentions as a framework to theorize how structural racism produces fictive intentions used to rationalize the criminal punishment of survival and justify that outcome as common sense. (shrink)

Care appears prima facie antithetical to punishment. Since the overlaps between care and punishment are greater than we paradigmatically expect, care ethics offers a more accurate account of prisons: recognising and critiquing both dehumanising carceral violence, and the necessity, presence, and inadequacies of penal care, as well as unlocking ways of thinking differently about structural change without losing sight of individual issues. After introducing care ethics and evidencing the presence of caring practices in present prisons, the article considers (...) how we punish, in terms of the amount, method, and manner. Treating people in punishment as moral equals is important for liberal deontological penal theories. Treatment as equals requires context. Context is intrinsic to care‐ethics praxis, which provides methods of and standards for accessing and applying this information. (shrink)

Its critics call it ‘feminism-as-crime-control’, or ‘Governance Feminism’, diagnosing it as a pernicious form of identity politics. Its advocates call it taking sexual violence seriously – by which they mean wielding the power of the state to ‘punish perpetrators’ and ‘protect vulnerable women’. Both sides agree that this approach follows from the radical feminist analysis of sexual violence most strikingly formulated by Catharine MacKinnon. The aim of this paper is to rethink the Governance Feminism debate by questioning this (...) common presupposition. I ask whether taking MacKinnon’s analysis of sexual violence seriously might, in fact, itself give us reason to be critical of political strategies that embrace the punitive state. By raising this question, I hope to persuade radical feminists to listen to critics of carceral politics rather than dismissing them as rape apologists, and critics of carceral politics to listen to radical feminists rather than dismissing them as state apologists. (shrink)

The pandemic has been the most vivid agent of change that many of us have known. But it has not changed everything: plenty of the institutions, norms, and practices that sustain racial capitalism, settler colonialism, and cisheteropatriarchy have either weathered the storm of the crisis or been nourished by its effects. And yet enough has changed for us to see that the pandemic has profoundly recontextualised those structures and systems of violence, bringing us into a fresh negotiation with, for (...) example, the question of how we discuss and imagine freedom. Responding in part to this unexpected provocation, activist-scholars Robyn Maynard and Leanne Betasamosake Simpson forged a collaboration from the lockdown of 2020, corresponding by letter to create their forthcoming book, Rehearsals for Living, due to be published by Haymarket Books (US) and Knopf (Canada) in 2022. In this interview, we asked them to explain the epistolary form of the book and expand on the concept of “rehearsal”, before inviting them to reflect on a series of issues that animate our current crises: the politics of recognition; the notion of apocalypse; ways to disrupt linear temporalities; practises of reciprocity against proprietary logics; the gendered violence of state apparatuses; and worldbuilding as a method of resistance. In their expansive answers, Robyn and Leanne draw on their experiences as organisers and educators, commenting on anticolonial struggles, the Movement for Black Lives, and the rise of abolition discourse. Stressing the need to build a multiplicity of shared homespaces in the face of racial/colonial capitalism and organized abandonment, they challenge us to rethink the predicaments and possibilities of the present, enabling us to imagine futures liberated of extractivist, carceral governance – “planting more liberatory futures in the present”, as Robyn puts it. The task of sowing those seeds is a collective praxis of rewriting the narratives that constitute us, refusing to hear that nothing can change and insisting that everything must. (shrink)

North American scholarship has charted resonances between 1990s legislative and feminist discourse concerning violence against women. Feminist critique of official discourse surrounding the Protection from Harassment Act 1997 suggests that 1990s resonances did not reach the UK: however, an examination of the Hansard debates suggests this under-estimates the influence of feminist discourse. Halley’s discussion of “bad faith” helps to explain both the tendency of feminists to under-estimate their influence and why this matters. A commitment to an understanding of themselves (...) as powerless may encourage feminists to underplay similarities between feminist and official discourse, leading feminists to find only what they expect. Such an understanding gives feminism the capacity to change social life without acknowledging, let alone agonising over, the full range of its distributive effects. This is most troubling in relation to “carceral” feminism, since under-assessment of feminist impact encourages amplification and intensification of the carceral message. (shrink)

Prisons are a feminist issue. This chapter offers an account of central issues and themes in feminist philosophical work on prisons, examples of important contributions, and future directions for feminist work in the field. It does so, however, in a way that consciously deploys a feminist methodology that resists the replication of hierarchical norms and structural violence in the very doing of theory and history. In this spirit, it emphasizes the record of struggle across the prison’s history, the resistance (...) efforts that live behind individual academic theories, the conceptual frameworks generated by groups bearing the brunt of carcerality, and it investigates alternative strategies of harm reduction developed across those communities. The chapter closes with an explicit exploration of prison abolitionism, which works not only to radically rethink punishment but also to shift the locus of voice and leadership. In so doing, the chapter aims to review, as much as to create anew, a feminist theoretical analysis of prisons. (shrink)

Legal judgment writing mobilises a process of story-telling, drawing on existing judicial discourses, precedents and practices to create a narrative relevant to the specific case that is articulated by the presiding judge. In the Feminist Judgments projects feminist scholars and activists have sought to challenge and reinterpret legal judgments that have disadvantaged, discriminated against or denied women’s experiences. This paper reflects on the process of writing as a feminist judge in the Australian Project, in an intimate homicide case, R v (...) Middendorp. Drawing on the work of Judith Butler on intelligibility, iterability and the communality of violence and vulnerability, this article argues that feminist judgments necessarily require some uncomfortable compromises with unjust gendered institutions. While ‘donning the robes’ may be an uncomfortable process, a feminist re-articulation of the law’s carceral power serves to unsettle and challenge some aspects of gendered oppression, even though it cannot unsettle the operation of the institution. The article concludes that effective feminist interventions by members of the judiciary may require donning robes that are not entirely comfortable in order to persuade and advocate for change. (shrink)

-/- Feminist philosophers Barrett Emerick and Audrey Yap bring theoretical arguments about personhood and moral repair into conversation with the work of activists and the experiences of incarcerated people to make the case that prisons ought to be abolished. They argue that contemporary carceral systems in the United States and Canada fail to treat people as genuine moral agents in ways that also fail victims and their larger communities. Such carceral systems are a form of what Emerick and (...) Yap call “institutionalized moral abandonment”. Instead, they argue that we should create communities of moral solidarity which open up space for wrongdoers to make up for their wrongs. -/- As part of this argument, the book directly addresses one of the paradigm cases of wrongdoing often used to justify carceral systems: rape. Carceral systems that treat perpetrators of sexual violence as irredeemable monsters both obscure the reality of sexual violence and are harmful to everyone involved. -/- As an alternative to carceral systems, Emerick and Yap argue for an orientation towards justice that is grounded in moral repair. This incorporates elements of restorative justice, mutual aid, and harm reduction. Instead of advocating for one specific and universal approach, the authors argue for multigenerational collective action that aims to build resilient communities that support the wellbeing of everyone. (shrink)

This essay reads John Locke’s Two Treatises through its nonhuman animal presences, especially the emblematic figures of cattle and “noxious creatures” like “lyons,” “tygers,” and wolves. It argues that the real ground of Lockean human equality is an ongoing practice of subjugating nonhuman animals, and not any attribute of the human species as such. More specifically, the Lockean social compact founded on this equality relies on a “dominion covenant,” an existential “agreement” in which God lends the power of dominion to (...) man and any threats to this order require punishment. This dynamic enables violence toward humans, in the name of their humanity, if they do not properly exert their power of dominion. Critics have connected Locke’s theory of property to indigenous dispossession and his theory of punishment to carceral systems; both processes, I argue, intimately rely on the dominion covenant. Lockean racism is the fulfillment of, and not a deviation from, his account of human equality. (shrink)

In her groundbreaking volume Anaesthetics of Existence: Essays on Experience at the Edge, Cressida Heyes provokes readers with the question, “How might experience not only motivate politics but also itself act as a medium of political change?” This essay builds on Heyes’s provocation by exploring self-making and self-advocacy within carceral political economies. Engaging Heyes’s discussion of “normative temporality,” I consider unstable subjectivities and a black feminist formation of “revelatory agency” to contend that the carceral consumption of human life-time (...) expands, complicates, or radically shifts the scope of the political. (shrink)

Cet article souligne qu’au cœur de l’engagement abolitionniste, on doit placer un travail de prise de conscience : le complexe industriel carcéral et l’État se donnent la main pour nous convaincre qu’être « inclues » (en tant que minorités), c’est disposer de lois qui criminalisent nos agresseur·es (misogynes, transphobes, racistes, validistes). Mais à renforcer ainsi les forces de la punition, on ne fait qu’intensifier, en réalité, la logique de la violence qui s’abat sur nous et sur nos proches.

This paper addresses the uncanny resemblance between the educational industrial complex and the US carceral state. Both schools and prisons comprise carceral apparatuses that use policies, pedagogies, and practices to respond punitively to com­munal transgressions. Moreover, architectural designs and fiscal budgets further reveal symmetries that make learning communities unsafe and complicit with carceral systems. Black and Brown people are disproportionately caught in the frays of punitive disparities, targeted violence, and stereotypes of deviance that drastically impede social (...) thriving. Ergo, this paper responds to the inextricability of punishment that link classrooms to prisons by introducing an abolitionist theological ethic to create educational sanctuaries. (shrink)

Pathologizing Black Bodies reconsiders the black body as a site of cultural and corporeal interchange; one involving violence and oppression, leaving memory and trauma sedimented in cultural conventions, political arrangements, social institutions and, most significantly, materially and symbolically engraved upon the body, with "the self" often deprived of agency and sovereignty. Consisting of three sections, this text focuses on works of the 20th and 21st century fiction and cultural narratives by mainly African American authors, aiming to highlight the different (...) ways in which race has been pathologized in America and examine how the legacies of plantation ideology have been metaphorically inscribed on black bodies. The variety of analytical approaches and thematic foci with respect to theories and discourses surrounding race and the body allow us to delve into this thorny territory in the hope of gaining perspectives about how African-American lives are still shaped and haunted by the legacies of plantation slavery. Furthermore, this volume offers insights into the politics of eugenic corporeality in an illustrative dialogue with the lasting carceral and agricultural effects of life on a plantation. Tracing the degradation and suppression of the black body, both individual and social, this text includes analysis of the pseudo-scientific discourse of social Darwinism and eugenics; the practice of mass incarceration and the excessive punishment of black bodies; and food apartheid and USDA practices of depriving black farmers of individual autonomy and collective agency. Based on such an interplay of discourses, methodologies and perspectives, this volume aims to use literature to further examine the problematic relationship between race and the body and stress that black lives do indeed matter in the USA. (shrink)

In this article, I trace ‘re-membering’ as a feminist practice in the context of gendered activism under military occupation in Kashmir. Drawing on its anticolonial feminist roots, I conceptualise re-membering as practices that do not simply put together what has been severed or dismembered by coloniality but they also, in doing so, propose different frames of looking. I think through re-membering by focusing on two intertwining sites of gendered and feminist activism in Kashmir: protests that re-member the disappeared and activist (...) representation under military occupation. A feminist analysis of these activist strategies grounded in anticolonial thinking suggests that re-membering in the specificity of its emergence under conditions of heightened control does multivalent work: it contests dominant claims and the coloniality of the Indian state, thereby exposing the continuum of violence including its carceral, psychic, discursive forms that co-constitute and perpetuate the occupation of Kashmir. As such, it insists on accounting for historical and contextual specificities as necessary conditions for imagining an expressly anticolonial feminist politics that can open possibilities of epistemic and political transformation towards knowing Kashmir and people’s struggles differently. It is here that the epistemic potential of re-membering lies: in overturning the terms of conversation as decolonial feminist scholarship has long insisted. (shrink)

This article analyses feminist discourses on the criminalisation of violence against women in Ecuador, after the enactment of a “post-neoliberal” constitution. It responds to arguments in feminist legal theory, which affirm that penal expansion thrives through neoliberal globalisation, and that certain feminists have sponsored this carceral-neoliberal alliance, over and above redistributive concerns. However, in Ecuador, many feminists who participated in a recent criminalisation process also endorsed the post-neoliberal government’s social redistribution programme. Ecuadorian feminism therefore complicates current discussions on (...) carceral and governance feminism, which link penal expansion with neoliberalism and an absence of redistributive concerns. Ecuadorian left-leaning feminists use rights-based frameworks to reconcile penal interventions with potential abuses of coercive power. This allows them to regard criminal justice as minimally problematic within the redistributive agenda they endorse. At the same time, the penal approach of Ecuadorian feminists runs the danger of marginalising legally pluralistic approaches to justice. (shrink)

In our emerging climate future, devastation will not land evenly. “Climate apartheid” names a world where the rich insulate themselves from its most catastrophic effects, while the global poor stand increasingly subject to rising seas, failing crops, intensifying weather events (floods, hurricanes, wildfires) and thus to the necessity of movement: some project a billion climate refugees by 2050. Yet analyses often fail to link climate apartheid to the existing systems mobilized to execute it—policing, prisons, borders—and so fail to connect climate (...) politics to enduring racialized projects of carceral control, as well as to Black, Native, and Latinx struggles against them. A key task is to develop capacious conceptual frameworks for understanding how religious actors are addressing the deep entanglements of political ecology and racial violence. This paper pursues that task in four parts. Part 1 introduces climate apartheid and proposes “cross-border solidarity” as an organizing concept for response, while underscoring that solidarity's chief virtue—its being already in use across diverse moral communities—is also what requires rigorous specification. What is the shape of “solidarity” amid climate futures? Parts 2 and 3 critique two frameworks ethicists might employ in facing that question: anthropocene discourse obscures race, while mestizaje discourse addresses race but risks reproducing its deepest logics. Part 4 proposes an alternative I will call cimarronaje. Of Taíno-Arawak and Spanish origin, the word refers to the historical experience, across slaveholding societies of the Americas, whereby enslaved African people fled plantations, escaped to surrounding hills and swamps, and reimagined forms of life with Indigenous communities, forged new ecologies together and, in the shadows of colonial empire, prefigured the theory and practices of cross-border solidarity we need today. (shrink)

Ce poème d’Audre Lorde, tiré de La licorne noire, est régulièrement sollicité dans les anthologies et dans les espaces de pratique de la justice transformatrice. Une manière de signaler l’importance de la langue dans l’invention de futurs alternatifs à ceux que perpétue le cycle punitif-carcéral des violences. Une insistance à penser, avec les survivantes, les forces qu’elles savent déployer.

This paper attempts to theorise the labour and corporeal carcerability of the non-citizen non-subjects in contemporary democracies of the United States and India. I reappropriate Joy James’ framework of ‘Captive Maternals’ to understand the relationality between the undocumented, racialised, or incarcerated with the neo-liberal states that they inhabit and serve but where they do not belong. James describes Captive Maternals as those bodies subject to consumption by the democratic order in the tradition of slavery. I expand upon her framework to (...) argue that the dehumanisation of illegal ‘aliens’ and racially policed bodies not only challenges the notion of freedom in the modern democratic social organisation but rather manifests the fundamental correlation between democratic sovereignty and its exclusionary violence. This phenomenon internal to the workings of democracies challenges Hegel’s idealisation of the modern rational state as the most advanced form of government characterised primarily by freedom. Democracy also constitutes the exercise of necropolitical sovereignty which I interpret not as the right to kill but as the right to police and incarcerate. Against the Hegelian struggle for recognition (Anerkennung), I deliberate on the possibility of transcending to a less than fully-determined Sittlichkeit that does not rely upon reciprocal recognition. (shrink)

Black girls regularly experience gendered, racial structural violence, not just from formal systems of law enforcement, but throughout their daily lives. School is one of the most central and potentially damaging sites for Black girls in this regard. In this paper, I draw attention to the role of the beauty salon as a space of renewal for Black women and girls as they navigate systems of oppression in their daily lives and report on the ways in which a specific (...) beauty salon in Chesterfield County, Virginia, supported a group of Black high school girls. The study focuses on the exposure of Black girls to carceral measures in school settings and speaks to the role of African-American beauty salons as spaces where collective care from violence can manifest and strategies to interrupt racialized gendered violence against Black girls can emerge. As Co-Investigator of this study funded by the Department of Justice, I created the “scholar-artist-activist lab,” consisting of a small group of undergraduate and graduate students facilitating workshops with a mixed gender group of Black high-school students, to discuss, interact, and participate in social justice-centered exercises. I focus here on the experiences of the Black girls who participated in the study. (shrink)

The general aim of this paper is to provide insight into the relevance of critical phenomenology for the study of the patient-provider relationship in health care systems in U.S. jails, prisons, and detention facilities. In particular, I utilize tools from the work of scholars studying phenomenological approaches to health care and structural forms of oppression to analyze several harms that arise from the provision of medical care under the punitive constraints of carceral facilities.

Domestic violence and abuse (DVA) are at last coming to be recognised as serious global public health problems. Nevertheless, many women with personal histories of DVA decline to disclose them to healthcare practitioners. In the health sciences, recent empirical work has identified many factors that impede DVA disclosure, known as barriers to disclosure. Drawing on recent work in social epistemology on testimonial silencing, we might wonder why so many people withhold their testimony and whether there is some kind of (...) epistemic injustice afoot here. In this paper, I offer some philosophical reflections on DVA disclosure in clinical contexts and the associated barriers to disclosure. I argue that women with personal histories of DVA are vulnerable to a certain form of testimonial injustice in clinical contexts, namely, testimonial smothering, and that this may help to explain why they withhold that testimony. It is my contention that this can help explain the low rates of DVA disclosure by patients to healthcare practitioners. (shrink)