BiblioVault - Books about Simon, Jonathan

Cultural Analysis, Cultural Studies, and the Law

Moving Beyond Legal Realism

Austin Sarat and Jonathan Simon, eds.

Duke University Press, 2003

Cultural Analysis, Cultural Studies, and the Law is a field-defining collection of work at the intersection of law, cultural analysis and cultural studies. Over the past few decades the marked turn toward claims and policy arguments based on cultural identity—such as ethnicity, race, or religion—has pointed up the urgent need for legal studies to engage cultural critiques. Exploration of legal issues through cultural analyses provides a rich supplement to other approaches—including legal realism, law and economics, and law and society. As Austin Sarat and Jonathan Simon demonstrate, scholars of the law have begun to mine the humanities for new theoretical tools and kinds of knowledge. Crucial to this effort is cultural studies, with its central focus on the relationship between knowledge and power.

Drawing on legal scholarship, literary criticism, psychoanalytic theory, and anthropology, the essays collected here exemplify the contributions cultural analysis and cultural studies make to interdisciplinary legal study. Some of these broad-ranging pieces describe particular approaches to the cultural study of the law, while others look at specific moments where the law and culture intersect. Contributors confront the deep connections between law, social science, and post-World War II American liberalism; examine the traffic between legal and late-nineteenth- and early-twentieth-century scientific discourses; and investigate, through a focus on recovered memory, the ways psychotherapy is absorbed into the law. The essayists also explore specific moments where the law is forced to comprehend the world beyond its boundaries, illuminating its dependence on a series of unacknowledged aesthetic, psychological, and cultural assumptions—as in Aldolph Eichmann’s 1957 trial, hiv-related cases, and the U.S. Supreme Court’s recent efforts to define the role of race in the construction of constitutionally adequate voting districts.

Contributors. Paul Berman, Peter Brooks, Wai Chee Dimock, Anthony Farley, Shoshanna Felman, Carol Greenhouse, Paul Kahn, Naomi Mezey, Tobey Miller, Austin Sarat, Jonathan Simon, Alison Young

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Embracing Risk

The Changing Culture of Insurance and Responsibility

Edited by Tom Baker and Jonathan Simon

University of Chicago Press, 2001

For much of the twentieth century, industrialized nations addressed social problems, such as workers' compensation benefits and social welfare programs, in terms of spreading risk. But in recent years a new approach has emerged: using risk both as a way to conceive of and address social problems and as an incentive to reduce individual claims on collective resources.

Embracing Risk explores this new approach from a variety of perspectives. The first part of the book focuses on the interplay between risk and insurance in various historical and social contexts. The second part examines how risk is used to govern fields outside the realm of insurance, from extreme sports to policing, mental health institutions, and international law. Offering an original approach to risk, insurance, and responsibility, the provocative and wide-ranging essays in Embracing Risk demonstrate that risk has moved well beyond its origins in the insurance trade to become a central organizing principle of social and cultural life.

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Poor Discipline

Jonathan Simon

University of Chicago Press, 1993

This powerful book reveals how modern strategies of punishment—and, by all accounts, their failure—relate to political and economic transformations in society at large. Jonathan Simon uses the practice of parole in California as a window to the changing historical understanding of what a corrections system does and how it works. Because California is representative of policies and practices on a national level, Simon explicitly presents his findings within a national framework.

When parole first emerged as a corrections strategy in the nineteenth century, work was supposed to keep ex-prisoners out of trouble. This strategy foundered in the changing economy after World War II. What followed was a rehabilitative strategy, where the clinical expertise of the parole agent replaced the discipline of the industrial labor market in defining and controlling criminal deviance. Today, Simon argues, as drastic changes in the economy have virtually locked out an entire class, rehabilitation has given way to mere management. The effect is isolation of the offender, either in jail or in an underclass community; the result is an escalating cycle of imprisonment, destabilization, and insecurity.

No significant improvement in the current penal crisis can be expected until we better understand the relationship between punishment and social order, a relationship which this book explores in theoretical, historical, and practical detail.

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RSF

The Russell Sage Foundation Journal of the Social Sciences: The Criminal Justuce System as a Labor Market Insitution

Sandra Susan Smith

Russell Sage Foundation, 2020

Inmate labor fuels prisons. The incarcerated work in prison industries that collaborate with private corporations. Fair labor laws do not apply to prisons, where it is common for inmates to earn less than one dollar per hour. But involvement with the criminal justice system continues to shape and hinder the future employment and earnings of the formerly incarcerated long after they have been released. In this issue of RSF, edited by sociologist Sandra Susan Smith and legal scholar Jonathan Simon, an interdisciplinary group of scholars analyze how the criminal justice system acts as a de facto labor market institution by compelling or coercing labor from the justice-involved.

The social and economic effects of criminal justice involvement are widespread, with almost seven million people under some form of direct supervision. The contributors to this issue examine how the criminal justice system affects the livelihood and families of both the incarcerated and formerly incarcerated. Cody Warner, Joshua Kaiser, and Jason Houle explore how “hidden sentences” --restricted access to voting rights, public housing, and professional licensing--negatively impact labor market outcomes for young adults with criminal records. Michele Cadigan and Garbriela Kirk look at the burden of court fees and fines, or legal financial obligations, that place a strain on the work commitments and resources of low-income people. Joe LaBriola sheds new light on how employment affects recidivism; he shows that parolees who find high-quality jobs, such as in the manufacturing industry, are less likely to return to prison than those employed in low-quality jobs. Noah Zatz and Michael Stoll demonstrate how the threat of imprisonment for nonpayment of child support coerces labor among noncustodial fathers, particularly African-American men. Allison Dwyer Emory and her coauthors show that previously incarcerated fathers are less likely to pay either formal or informal cash child support or offer in-kind assistance to their children’s mothers.

This issue of RSF is a timely contribution to the field of scholarly literature that illuminates the far and often destructive reach that the criminal justice system has on those whose lives it touches. It advances our understanding of how the system functions as a labor market institution and the price it extracts from those involved with it.

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