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Articles 1 - 3 of 3
Full-Text Articles in American Studies
No More Shame! Defeating The New Jim Crow With Antilynching Activism's Best Tools, Koritha Mitchell
No More Shame! Defeating The New Jim Crow With Antilynching Activism's Best Tools, Koritha Mitchell
Koritha Mitchell
This essay identifies similarities between racial violence of an earlier time period, lynching, and its most efficient form today, mass incarceration, suggesting that today’s racial violence be met with tools used by previous generations. I call for a critical demeanor of shamelessness that allows targeted communities and their allies to avoid taking on the shame that mainstream discourse encourages them to accept. People of color are incarcerated in staggering numbers, but not because they are disproportionately guilty of violent or even nonviolent crimes. Given the extreme racial disparities, being caught by the nation’s criminal (in)justice system is simply not a …
Love In Action: Noting Similarities Between Lynching Then & Anti-Lgbt Violence Now, Koritha Mitchell
Love In Action: Noting Similarities Between Lynching Then & Anti-Lgbt Violence Now, Koritha Mitchell
Koritha Mitchell
The more I learn about the violence currently plaguing LGBT communities, the more it reminds me of the brutal practice of lynching, which has been the focus my research for the past 15 years. Ultimately, both forms of violence are designed to deny targeted groups recognition as citizens. Relying on my expertise regarding racial violence as well as the data on anti-LGBT attacks collected by the National Coalition of Anti-Violence Programs (NCAVP), this essay notes similarities between lynching at the last turn of the century and anti-LGBT violence today. The piece identifies five parallels: 1) the mundane quality of the …
Relativism, Reflective Equilibrium, And Justice, Justin Schwartz
Relativism, Reflective Equilibrium, And Justice, Justin Schwartz
Justin Schwartz
THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.
The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …