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Critical philosophy has always challenged the division between theory and practice. At its best, it aims to turn contemplation into emancipation, seeking to transform society in pursuit of equality, autonomy, and human flourishing. Yet today’s critical theory often seems to engage only in critique. These times of crisis demand more. Bernard E. Harcourt challenges us to move beyond decades of philosophical detours and to harness critical thought to the need for action. In a time of increasing awareness of economic and social inequality, Harcourt calls on us to make society more equal and just. Only critical theory can guide us toward a more self-reflexive pursuit of justice. Charting a visi...
The death of Samantha Grey’s mother and imprisonment of her father made her shut everyone out of her life. Including him. Ten years later, the murder of her father brings them back together and now Detective Nate Evans has two mysteries on his hands: a murder to solve and a past of questions that still gnaw at the surface to face. A past he’s tried hard to bury. One that includes her. As Nate and Samantha are forced to work together to bring justice for the dead, it is clear the case is not the only mystery being unearthed between them. They are led down dark, township alleyways, towards drug-dealer territory, and into the box of a decade old cold case… but how long will they take to r...
A distinguished political theorist sounds the alarm about the counterinsurgency strategies used to govern Americans Militarized police officers with tanks and drones. Pervasive government surveillance and profiling. Social media that distract and track us. All of these, contends Bernard E. Harcourt, are facets of a new and radical governing paradigm in the United States -- one rooted in the modes of warfare originally developed to suppress anticolonial revolutions and, more recently, to prosecute the war on terror. The Counterrevolution is a penetrating and disturbing account of the rise of counterinsurgency, first as a military strategy but increasingly as a way of ruling ordinary Americans. Harcourt shows how counterinsurgency's principles -- bulk intelligence collection, ruthless targeting of minorities, pacifying propaganda -- have taken hold domestically despite the absence of any radical uprising. This counterrevolution against phantom enemies, he argues, is the tyranny of our age. Seeing it clearly is the first step to resisting it effectively.
From random security checks at airports to the use of risk assessment in sentencing, actuarial methods are being used more than ever to determine whom law enforcement officials target and punish. And with the exception of racial profiling on our highways and streets, most people favor these methods because they believe they’re a more cost-effective way to fight crime. In Against Prediction, Bernard E. Harcourt challenges this growing reliance on actuarial methods. These prediction tools, he demonstrates, may in fact increase the overall amount of crime in society, depending on the relative responsiveness of the profiled populations to heightened security. They may also aggravate the difficulties that minorities already have obtaining work, education, and a better quality of life—thus perpetuating the pattern of criminal behavior. Ultimately, Harcourt shows how the perceived success of actuarial methods has begun to distort our very conception of just punishment and to obscure alternate visions of social order. In place of the actuarial, he proposes instead a turn to randomization in punishment and policing. The presumption, Harcourt concludes, should be against prediction.
This is the first book to challenge the broken-windows theory of crime, which argues that permitting minor misdemeanors, such as loitering and vagrancy, to go unpunished only encourages more serious crime. The theory has revolutionized policing in the United States and abroad, with its emphasis on policies that crack down on disorderly conduct and aggressively enforce misdemeanor laws. The problem, argues Bernard Harcourt, is that although the broken-windows theory has been around for nearly thirty years, it has never been empirically verified. Indeed, existing data suggest that it is false. Conceptually, it rests on unexamined categories of law abiders and disorderly people and of order and...
In a world of political upheaval, rising inequality, catastrophic climate change, and widespread doubt of even the most authoritative sources of information, is there a place for critique? This book calls for a systematic reappraisal of critical thinking—its assumptions, its practices, its genealogy, its predicament—following the principle that critique can only start with self-critique. In A Time for Critique, Didier Fassin, Bernard E. Harcourt, and a group of eminent political theorists, anthropologists, sociologists, philosophers, and literary and legal scholars reflect on the multiplying contexts and forms of critical discourse and on the social actors and social movements engaged in...
Revelations about U.S policies and practices of torture and abuse have captured headlines ever since the breaking of the Abu Ghraib prison story in April 2004. Since then, a debate has raged regarding what is and what is not acceptable behavior for the world’s leading democracy. It is within this context that Angela Davis, one of America’s most remarkable political figures, gave a series of interviews to discuss resistance and law, institutional sexual coercion, politics and prison. Davis talks about her own incarceration, as well as her experiences as "enemy of the state," and about having been put on the FBI’s "most wanted" list. She talks about the crucial role that international ac...
Three years before his death Michel Foucault gave a series of lectures at the Catholic University of Louvain that have remained relatively unknown until only recently. Entitled "Wrong-Doing, Truth-Telling, " these lectures provides the missing link between Foucault s early work on sexuality and punishment and his later work on Greek and Roman antiquity. Ranging broadly from Homer to the 20th century, Foucault traces how the early ethical acts of truth-telling in ancient Greece gradually metamorphosed into acts of self-incrimination in monastic times and ultimately into the birth and rise of psychiatry as the foundation of modern penology, criminology, and criminal justice. For Foucault, self-incrimination no longer did the work necessary to quell justice because, by the 19th century, we wanted to know more than just the fact of wrongdoing, we wanted to know who the criminal was: not just whether the accused committed the crime, but what it was about him that made him commit the crime. An avowal of wrong-doing was no longer sufficient psychiatric expertise was now necessary and that development marks the birth of discipline and modern criminal justice made so famous by Foucault"
With these lectures Foucault inaugurates his investigations of truth-telling in the ethical domain of practices of techniques of the self. How and why, he asks, does the government of men require those subject to power to be subjects who must tell the truth about themselves?
This volume contributes to the emergence of a transnational canon of criminal law by critically engaging with formative texts in criminal legal thought since Hobbes.