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What is a crime and how do we construct it? The answers to these questions are complex and entangled in a web of power relations that require us to think differently about processes of criminalization and regulation. This book draws on Foucault's concept of governmentality as a lens to analyze and critique how crime is understood, reproduced, and challenged. It explores the dynamic interplay between practices of representation, processes of criminalization, and the ways that these circulate to both reflect and constitute crime and "justice."
Interwar Halifax was a city in flux, a place where citizens debated adopting new ideas and technologies but agreed on one thing – modernity was corrupting public morality and unleashing untold social problems on their fair city. In this context, citizens, policy makers, and officials turned to the criminal justice system to create a bulwark against further social dislocation. Officials modernized the city’s machinery of order – courts, prisons, and the police force – and placed greater emphasis on crime control, while residents supported tough-on-crime measures and attached little importance to rehabilitation. These initiatives gave birth to a constructed vision of a criminal class that singled out ethnic minorities, working-class men, and female and juvenile offenders as problem figures in the eternal quest for order. Michael Boudreau’s in-depth study of crime and culture in interwar Halifax, the first of its kind, shows how tough-on-crime measures can compound, rather than resolve, social inequalities and dislocations.
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This book examines the coercive and legally sanctioned strategies of exclusion and segregation undertaken over the last two centuries in a wide range of contexts. The political and cultural history of this period raises a number of questions about coercive exclusion. The essays in this collection examine why isolation has been such a persistent strategy in liberal and non-liberal nations, in colonial and post-colonial states and why practices of exclusion proliferated over the modern period, precisely when legal and political concepts of 'freedom' were invented. In addition to offering new perspectives on the continuum of medico-penal sites of isolation from the asylum to the penitentiary, Isolation looks at less well-known sites, from leper villages to refugee camps to Native reserves.
At the heart of relational theory lies the idea that the human self is fundamentally constituted in terms of its relations to others. For relational theorists, the self not only lives in relationship with and to others, but also owes its very existence to such relationships. In this groundbreaking collection, leading relational theorists explore core moral and metaphysical concepts, while health law and policy scholars respond by analyzing how such considerations might apply to more practical areas of concern. Innovative and self-reflexive, Being Relational brings a powerful theoretical framework to health law and policy studies. In so doing, it makes a bold contribution to scholarship and will appeal to a broad range of thinkers, especially those with an interest in social justice, and who seek to understand the complex ways in which power is created and sustained relationally.
Privacy can function as an expressive, anti-subordination tool of resistance that is worthy of constitutional protection.
Critics of the World Trade Organization argue that its binding dispute settlement process imposes a neoliberal agenda on member states. If this is the case, why would any nation agree to participate? Jacqueline Krikorian explores this question by examining the impact of the WTO’s dispute settlement mechanism on domestic policies in the United States and Canada. She demonstrates that the WTO’s ability to influence domestic arrangements has been constrained by three factors: judicial deference, institutional arrangements, and strategic decision making by political elites in Ottawa and Washington. By bringing the insights of law and politics scholarship to bear on a subject matter traditionally addressed by international relations scholars, Krikorian shows that the classic division in political science between these two fields of study, though suitable in the postwar era, is outdated in the context of a globalized world.
In an original and striking study of migration management in operation, Disrupting Deportability highlights obstacles confronting temporary migrant workers in Canada seeking to exercise their labor rights. Leah F. Vosko explores the effects of deportability on Mexican nationals participating in Canada's Seasonal Agricultural Worker Program (SAWP). Vosko follows the decade-long legal and political struggle of a group of Mexican SAWP migrants in British Columbia to establish and maintain meaningful collective representation. Her case study reveals how modalities of deportability—such as termination without cause, blacklisting, and attrition—destabilize legally authorized temporary migrant agricultural workers. Through this detailed exposé, Disrupting Deportability concludes that despite the formal commitments to human, social, and civil rights to which migration management ostensibly aspires, the design and administration of this "model" temporary migrant work program produces conditions of deportability, making the threat possibility of removal ever-present.
This book, together with a complementary volume 'Religion in Consumer Society', focuses on religion, neoliberalism and consumer society; offering an overview of an emerging field of research in the study of contemporary religion. Claiming that we are entering a new phase of state-religion relations, the editors examine how this is historically anchored in modernity but affected by neoliberalization and globalization of society and social life. Seemingly distant developments, such as marketization and commoditization of religion as well as legalization and securitization of social conflicts, are transforming historical expressions of 'religion' and 'religiosity' yet these changes are seldom i...
Scholars often accept without question that the Indian Act (1876) criminalized First Nations. Drawing on court files, police and penitentiary records, and newspaper accounts from the Saskatchewan region of the North-West Territories between 1870 and 1905, Shelley Gavigan argues that the notion of criminalization captures neither the complexities of Aboriginal participation in the criminal courts nor the significance of the Indian Act as a form of law. This illuminating book paints a vivid portrait of Aboriginal defendants, witnesses, and informants whose encounters with the criminal law and the Indian Act included both the mediation and the enforcement of relations of inequality.