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The Emerging Neoliberal Penality: Rethinking Foucauldian Punishment In A Profit-Driven Carceral System, Kevin Crow Dec 2015

The Emerging Neoliberal Penality: Rethinking Foucauldian Punishment In A Profit-Driven Carceral System, Kevin Crow

Kevin Crow

This paper argues that there is a new neoliberal penality emerging in the United States that exhibits four primary characteristics: (1) the death of rehabilitation, (2) the de-individualization of the criminal, (3) the emergence of a market for deviance, and (4) the managerialistic approach. The prison-industrial complex in the United States illustrates these characteristics, but the characteristics are not limited to the prison-industrial complex.

The paper draws on Foucault's concept of the prison as an institution primarily of individual normalization, but notes that it presupposes rehabilitation as the primary goal of the institution. Using Foucault's work in Discipline and Punish …


Does Undrip Matter?: Indian Law In The United States And The International Right To Self-Determination, Kevin Crow Dec 2013

Does Undrip Matter?: Indian Law In The United States And The International Right To Self-Determination, Kevin Crow

Kevin Crow

The United States has recognised the sovereignty of Indigenous tribal nations within the United States since the early 1800s and has explicitly recognised a right to self-determination for Indigenous peoples of the United States since the 1970s.The exact nature of this right, however, has been the focus of much scholarly debate both in the United States and around the world. Erosions in the nature of U.S. tribal sovereignty since the early 1980s coupled with an accelerating development of the international principle of self-determination call the extent and nature of Indian self-determination into question. Accordingly, this paper seeks to explore three …