Brandzel's focus on three legal case studies--same-sex marriage law, hate crime legislation, and Native Hawaiian sovereignty and racialization--exposes how citizenship confounds and obscures the mutual processes of settler colonialism, racism, sexism, and heterosexism. In this way, Brandzel argues that citizenship requires anti-intersectionality, that is, strategies that deny the mutuality and contingency of race, class, gender, sexuality, and nation--and how, oftentimes, progressive left activists and scholars follow suit.
Against Citizenship is an impassioned plea for a queer, decolonial, anti-racist coalitional stance against the systemized human de/valuing and anti-intersectionalities of citizenship.
Winner of the John Hope Franklin Prize
A Moyers & Company Best Book of the Year
“A brilliant work that tells us how directly the past has formed us.”
—Darryl Pinckney, New York Review of Books
How did we come to think of race as synonymous with crime? A brilliant and deeply disturbing biography of the idea of black criminality in the making of modern urban America, The Condemnation of Blackness reveals the influence this pernicious myth, rooted in crime statistics, has had on our society and our sense of self. Black crime statistics have shaped debates about everything from public education to policing to presidential elections, fueling racism and justifying inequality. How was this statistical link between blackness and criminality initially forged? Why was the same link not made for whites? In the age of Black Lives Matter and Donald Trump, under the shadow of Ferguson and Baltimore, no questions could be more urgent.
“The role of social-science research in creating the myth of black criminality is the focus of this seminal work…[It] shows how progressive reformers, academics, and policy-makers subscribed to a ‘statistical discourse’ about black crime…one that shifted blame onto black people for their disproportionate incarceration and continues to sustain gross racial disparities in American law enforcement and criminal justice.”
—Elizabeth Hinton, The Nation
“Muhammad identifies two different responses to crime among African-Americans in the post–Civil War years, both of which are still with us: in the South, there was vigilantism; in the North, there was an increased police presence. This was not the case when it came to white European-immigrant groups that were also being demonized for supposedly containing large criminal elements.”
—New Yorker
The End of American Lynching questions how we think about the dynamics of lynching, what lynchings mean to the society in which they occur, how lynching is defined, and the circumstances that lead to lynching. Ashraf H. A. Rushdy looks at three lynchings over the course of the twentieth century—one in Coatesville, Pennsylvania, in 1911, one in Marion, Indiana, in 1930, and one in Jasper, Texas, in 1998—to see how Americans developed two distinct ways of thinking and talking about this act before and after the 1930s.
One way takes seriously the legal and moral concept of complicity as a way to understand the dynamics of a lynching; this way of thinking can give us new perceptions into the meaning of mobs and the lynching photographs in which we find them. Another way, which developed in the 1940s and continues to influence us today, uses a strategy of denial to claim that lynchings have ended. Rushdy examines how the denial of lynching emerged and developed, providing insight into how and why we talk about lynching the way we do at the dawn of the twenty-first century. In doing so, he forces us to confront our responsibilities as American citizens and as human beings.
These twelve previously unpublished essays explore the international phenomenon of hate crime, examining the socio-psychological dynamics of these crimes and the settings in which they occur, the relationships between offenders and their victims, the emotional states of the participants, and the legal and law enforcement responses to these crimes.
The essays address religious, racial, ethnic, and sexual crimes in the United States, Latin America, Africa, Europe, and the Middle East. The essayists provide historical reviews of the problems and the ways local authorities understand and cope with the dilemmas as well as prognoses about the persistence of hate crime and the measures that can be taken to control and contain it.
Most Internet users are familiar with trolling—aggressive, foul-mouthed posts designed to elicit angry responses in a site’s comments. Less familiar but far more serious is the way some use networked technologies to target real people, subjecting them, by name and address, to vicious, often terrifying, online abuse. In an in-depth investigation of a problem that is too often trivialized by lawmakers and the media, Danielle Keats Citron exposes the startling extent of personal cyber-attacks and proposes practical, lawful ways to prevent and punish online harassment. A refutation of those who claim that these attacks are legal, or at least impossible to stop, Hate Crimes in Cyberspace reveals the serious emotional, professional, and financial harms incurred by victims.
Persistent online attacks disproportionately target women and frequently include detailed fantasies of rape as well as reputation-ruining lies and sexually explicit photographs. And if dealing with a single attacker’s “revenge porn” were not enough, harassing posts that make their way onto social media sites often feed on one another, turning lone instigators into cyber-mobs.
Hate Crimes in Cyberspace rejects the view of the Internet as an anarchic Wild West, where those who venture online must be thick-skinned enough to endure all manner of verbal assault in the name of free speech protection, no matter how distasteful or abusive. Cyber-harassment is a matter of civil rights law, Citron contends, and legal precedents as well as social norms of decency and civility must be leveraged to stop it.
On a long dark road in deep East Texas, James Byrd Jr. was dragged to his death behind a pickup truck one summer night in 1998. The brutal modern-day lynching stunned people across America and left everyone at a loss to explain how such a heinous crime could possibly happen in our more racially enlightened times. Many eventually found an answer in the fact that two of the three men convicted of the murder had ties to the white supremacist Confederate Knights of America. In the ex-convict ringleader, Bill King, whose body was covered in racist and satanic tattoos, people saw the ultimate monster, someone so inhuman that his crime could be easily explained as the act of a racist psychopath. Few, if any, asked or cared what long dark road of life experiences had turned Bill King into someone capable of committing such a crime.
In this gripping account of the murder and its aftermath, Ricardo Ainslie builds an unprecedented psychological profile of Bill King that provides the fullest possible explanation of how a man who was not raised in a racist family, who had African American friends in childhood, could end up on death row for viciously killing a black man. Ainslie draws on exclusive in-prison interviews with King, as well as with Shawn Berry (another of the perpetrators), King's father, Jasper residents, and law enforcement and judicial officials, to lay bare the psychological and social forces—as well as mere chance—that converged in a murder on that June night. Ainslie delves into the whole of King's life to discover how his unstable family relationships and emotional vulnerability made him especially susceptible to the white supremacist ideology he adopted while in jail for lesser crimes.
With its depth of insight, Long Dark Road not only answers the question of why such a racially motivated murder happened in our time, but it also offers a frightening, cautionary tale of the urgent need to intervene in troubled young lives and to reform our violent, racist-breeding prisons. As Ainslie chillingly concludes, far from being an inhuman monster whom we can simply dismiss, "Bill King may be more like the rest of us than we care to believe."
Bias crimes are a scourge on our society. Is there a more terrifying image in the mind's eye than that of the burning cross? Punishing Hate examines the nature of bias-motivated violence and provides a foundation for understanding bias crimes and their treatment under the U.S. legal system.
In this tightly argued book, Frederick Lawrence poses the question: Should bias crimes be punished more harshly than similar crimes that are not motivated by bias? He answers strongly in the affirmative, as do a great many scholars and citizens, but he is the first to provide a solid theoretical grounding for this intuitive agreement, and a detailed model for a bias crimes statute based on the theory. The book also acts as a strong corrective to recent claims that concern about hate crimes is overblown. A former prosecutor, Lawrence argues that the enhanced punishment of bias crimes, with a substantial federal law enforcement role, is not only permitted by doctrines of criminal and constitutional law but also mandated by our societal commitment to equality.
Drawing upon a wide variety of sources, from law and criminology, to sociology and social psychology, to today's news, Punishing Hate will have a lasting impact on the contentious debate over treatment of bias crimes in America.
What can a democratic society reasonably do about the perplexing problems of racial intolerance, sexual harassment, incitements to violence, and invasions of privacy? Is it possible to preserve the constitutional ideal of free expression while protecting the community from those who would trample on the rights of others?
Franklyn S. Haiman critically examines the reasoning behind recent efforts to prohibit certain forms of speech and explores the possible consequences to democracy of such moves.
Speech act theory, well known to scholars of rhetoric, communication, and language, underlies this emerging trend in judicial and legislative thinking. The idea that "words are deeds," first articulated in language philosophy by Wittgenstein and elaborated by J. L. Austin and John Searle, is being invoked by some members of the legal community to target objectionable speech. For example, speech codes on some college campuses prohibit racist, sexist, and homophobic expression, and attempts have been made through local laws to classify pornography as a form of sex discrimination. By defining certain kinds of arguably immoral symbolic behavior such as hate speech, obscenity, or portrayals of violence as acts rather than as pure speech, speech act advocates make it easier to argue that such conduct should be subject to social control through the law.
Unlike totalitarian or theocratic societies that see no difference between their concept of morality and the law, however, a democracy must make a distinction between what it regards as immoral and what it makes illegal. Haiman maintains that in the realm of symbolic behavior the line between them should be drawn as closely as possible to expression that results in the most serious, direct, immediate, and physical harm to others. Thus, he joins with former Supreme Court Justice Louis Brandeis in concluding that, absent an emergency, more speech, not enforced silence, should be the aim of a free society.
Why do we know every gory crime scene detail about such victims as Matthew Shepard and James Byrd Jr. and yet almost nothing about the vast majority of other hate crime victims? Now that federal anti-hate-crimes laws have been passed, why has the number of these crimes not declined significantly? To answer such questions, Clara S. Lewis challenges us to reconsider our understanding of hate crimes. In doing so, she raises startling issues about the trajectory of civil and minority rights.
Tough on Hate is the first book to examine the cultural politics of hate crimes both within and beyond the law. Drawing on a wide range of sources—including personal interviews, unarchived documents, television news broadcasts, legislative debates, and presidential speeches—the book calls attention to a disturbing irony: the sympathetic attention paid to certain shocking hate crime murders further legitimizes an already pervasive unwillingness to act on the urgent civil rights issues of our time. Worse still, it reveals the widespread acceptance of ideas about difference, tolerance, and crime that work against future progress on behalf of historically marginalized communities.
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