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By Michelle Alexander
"Jarvious Cotton's great-great-grandfather couldn't vote as a slave. His great-grandfather was once overwhelmed to dying by way of the Klu Klux Klan for trying to vote. His grandfather used to be avoided from balloting by means of Klan intimidation; his father was once barred via ballot taxes and literacy exams. at the present time, Cotton can't vote simply because he, like many black males within the United States, has been categorized a felon and is presently on parole."
As the USA celebrates the nation's "triumph over race" with the election of Barack Obama, the vast majority of younger black males in significant American towns are locked in the back of bars or were categorised felons for all times. even supposing Jim Crow legislation were wiped off the books, an fantastic percent of the African American neighborhood continues to be trapped in a subordinate status--much like their grandparents prior to them.
In this incisive critique, former litigator-turned-legal-scholar Michelle Alexander provocatively argues that we have got now not ended racial caste in the United States: now we have easily redesigned it. Alexander exhibits that, through focusing on black males and decimating groups of colour, the U.S. felony justice approach features as a modern method of racial keep an eye on, at the same time it officially adheres to the primary of colour blindness. The New Jim Crow demanding situations the civil rights community--and all of us--to position mass incarceration on the leading edge of a brand new stream for racial justice in America.
Read Online or Download The New Jim Crow: Mass Incarceration in the Age of Colorblindness (Revised Edition) PDF
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Extra info for The New Jim Crow: Mass Incarceration in the Age of Colorblindness (Revised Edition)
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Bentham considered recourse to general principles to be a tool bandied about by those in power to obscure their power and illegitimacy. Ten years after he had heard Blackstone’s lectures, Bentham responded with his “Comment on the Commentaries,” an unpublished manuscript that was discovered among Bentham’s papers in the late nineteenth century. 29 The methods of judicial interpretation were unreliable, because Blackstone left it to judges to tap into the “general reason of mankind” in interpreting the law.
Story’s position indicates the limited use of Bentham’s ideas. 65 The codification movement, however, valued simplicity not because codifiers hoped for simple, clear principles derived with scientific methods but because simplicity captured the ease of accessibility to the law that they sought. Codifiers used the familiar language of simplicity but not as legal positivists. With its transfer of lawmaking from court to legislature, the institutional shift to the legislature did not imply any positivist shift to an authoritative source of law, but merely the transcriptions of a recording secretary.
43 Thus the shift to positive law would result in an alteration in the practice and experience of citizenship. The citizen would no longer have the opportunity to engage in interpretation of law and the state would alter the status of citizen from shaper of the law to subject of the law. bentham in america If Americans were to embrace legal positivism they would replace practical reason with expert knowledge, replace action with appeal to authority and experts, and replace reference to experience with reference to rules.