Virtual Library

With her characteristic brilliance, grace and radical audacity, Angela Y. Davis has put the case for the latest abolition movement in American life: the abolition of the prison. As she quite correctly notes, American life is replete with abolition movements, and when they were engaged in these struggles, their chances of success seemed almost unthinkable. For generations of Americans, the abolition of slavery was sheerest illusion. Similarly, the entrenched system of racial segregation seemed to last forever, and generations lived in the midst of the practice, with few predicting its passage from custom. The brutal, exploitative (dare one say lucrative?) convict-lease system that succeeded formal slavery reaped millions to southern jurisdictions (and untold miseries for tens of thousands of men, and women). Few predicted its passing from the American penal landscape. Davis expertly argues how social movements transformed these social, political and cultural institutions, and made such practices untenable.

This is the story behind another story. Inspired by the anthropological practice of reflexivity, it traces some practical, epistemological, ethical, and existential questions behind a book based on empirical socio-legal research into international criminal law in situations of conflict. The challenges involved in such research are at times impossible to overcome. Indeed, the challenges may be such that the researcher will never be able to answer her original question fully and confidently. However, challenges can be findings in themselves. They may reveal insights into the role of law in a society, the limitations of vocabularies, the overexposure of international criminal law and inequalities in global knowledge production. Rather than merely obstructing research into a topical issue, challenges may shift the researcher’s attention to other, more fundamental, questions. Nonetheless, understanding challenges as findings does not resolve the existential problem of the researcher’s possible complicity in maintaining the very challenges that she analyses and perhaps ambitiously tries to overcome.

Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many scholars have noted, these algorithms tend to have disparate racial impacts. In response, critics advocate three strategies of resistance: (1) the exclusion of input factors that correlate closely with race; (2) adjustments to algorithmic design to equalize predictions across racial lines; and (3) rejection of algorithmic methods altogether.

This Article’s central claim is that these strategies are at best superficial and at worst counterproductive because the source of racial inequality in risk assessment lies neither in the input data, nor in a particular algorithm, nor in algorithmic methodology per se. The deep problem is the nature of prediction itself. All prediction looks to the past to make guesses about future events. In a racially stratified world, any method of prediction will project the inequalities of the past into the future. This is as true of the subjective prediction that has long pervaded criminal justice as it is of the algorithmic tools now replacing it. Algorithmic risk assessment has revealed the inequality inherent in all prediction, forcing us to confront a problem much larger than the challenges of a new technology. Algorithms, in short, shed new light on an old problem.

Ultimately, the Article contends, redressing racial disparity in prediction will require more fundamental changes in the way the criminal justice system conceives of and responds to risk. The Article argues that criminal law and policy should, first, more clearly delineate the risks that matter and, second, acknowledge that some kinds of risk may be beyond our ability to measure without racial distortion—in which case they cannot justify state coercion. Further, to the extent that we can reliably assess risk, criminal system actors should strive whenever possible to respond to risk with support rather than restraint. Counterintuitively, algorithmic risk assessment could be a valuable tool in a system that supports the risky.

From electronic ankle monitors and predictive-policing algorithms to workplace surveillance systems, technologies originally developed for policing and prisons have rapidly expanded into nonjuridical domains, including hospitals, schools, banking, social services, shopping malls, and digital life. Rooted in the logics of racial disparity and subjugation, these purportedly unbiased technologies not only extend prison spaces into the public sphere but also deepen racial hierarchies and engender new systems for social control. The contributors to Captivating Technology examine how carceral technologies are being deployed to classify and coerce specific populations and whether these innovations can be resisted and reimagined for more liberatory ends. Moving from traditional sites of imprisonment to the arenas of everyday life being reshaped by carceral technoscience, this volume culminates in a sustained focus on justice-oriented approaches to science and technology that blends historical, speculative, and biographical methods to envision new futures made possible.

Across the nineteenth and twentieth centuries, legislators in Bombay passed a series of repetitive laws seeking to control prostitution. During the same time, Bombay’s sex industry grew vast in scale. Ashwini Tambe explores why these remarkably similar laws failed to achieve their goal and questions the actual purpose of such lawmaking.

Against the backdrop of the industrial growth of Bombay, Codes of Misconduct examines the relationship between lawmaking, law enforcement, and sexual commerce. Ashwini Tambe challenges linear readings of how laws create effects and demonstrates that the regulation and criminalization of prostitution were not contrasting approaches to prostitution but different modes of state coercion. By analyzing legal prohibitions as productive forces, she also probes the pornographic imagination of the colonial state, showing how regulations made sexual commerce more visible but rendered the prostitute silent.

Codes of Misconduct engages with debates on state control of sex work and traces how a colonial legacy influences contemporary efforts to contain the spread of HIV and decriminalize sex workers in India today. In doing so, Tambe’s work not only adds to our understanding of empire, sexuality, and the law, it also sheds new light on the long history of Bombay’s transnational links and the social worlds of its underclasses.

Alger, 1956. Jeune ouvrier communiste anticolonialiste rallié au FLN, Fernand Iveton a déposé dans son usine une bombe qui n'a jamais explosé. Pour cet acte symbolique sans victime, il est exécuté le 11 février 1957, et restera dans l'Histoire comme le seul Européen guillotiné de la guerre d'Algérie. Ce roman brûlant d'admiration, tendu par la nécessité de la justice et cinglant comme une sentence, lui rend hommage.

Lyrical and radical, a debut novel that created a sensation in France. Winner of the Prix Goncourt for first novel, one of the most prestigious literary awards in France. A young revolutionary plants a bomb in a factory on the outskirts of Algiers during the Algerian War. The bomb is timed to explode after work hours, so no one will be hurt. But the authorities have been watching. He is caught, the bomb is defused, and he is tortured, tried in a day, condemned to death, and thrown into a cell to await the guillotine. A routine event, perhaps, in a brutal conflict that ended the lives of more than a million Muslim Algerians. But what if the militant is a "pied-noir"? What if his lover was a member of the French Resistance? What happens to a "European" who chooses the side of anti-colonialism?By turns lyrical, meditative, and heart-stoppingly suspenseful, this novel by Joseph Andras, based on a true story, was a literary and political sensation in France, winning the Prix Goncourt for First Novel and being acclaimed by Le Monde as "vibrantly lyrical and somber" and by the journal La Croix as a "masterpiece".

This study documents and explains historical variation in U.S. criminal deportations. Results from time-series analyses suggest that criminal deportations increase during times of rising unemployment, and this effect is partly mediated by an elevated discourse about immigration and labor. An especially strong association between deportations and unemployment emerges from 1941 through 1986, a period in which the federal law enforcement bureaucracy and deportation laws were well established and judges retained substantial discretion. After 1986, changes in criminal deportation rates mirror the trend in incarceration rates. The study connects the burgeoning sociological literatures on immigration and punishment, revealing a historically contingent effect of labor markets on the criminal deportation of noncitizen offenders.

By taking up the challenge of documenting how human rights values are embedded in rule of law movements to produce a new language of international justice that competes with a range of other formations, this book explores how notions of justice are negotiated through everyday micropractices and grassroots contestations of those practices. These micropractices include speech acts that revere the protection of international rights, citation references to treaty documents, the brokering of human rights agendas, the rewriting of national constitutions, demonstrations of religiosity that make explicit the piety of religious subjects, and ritual practices of forgiveness that involve the invocation of ancestral religious cosmologies - all practices that detail the ways that justice is made real.