Skip to content
LPE Originals

Is Capitalism “a Thing”?

By

According to Sam Moyn, capitalism and the ills it is said to generate are nothing more than a contingent jumble of various legal rules and regulations. Indeed, “capitalism” is merely a term of abuse, to which nineteenth-century thinkers made a misguided attempt to attribute “general laws.” This critique, however, overlooks the extent to which Marx’s conception of capitalism is itself historically specific, even contingent. Capitalism is not a consequence of ineluctable laws of nature, human or otherwise, but a fortuitous convergence of a peculiar constellation of social relations and institutions.
LPE Originals

Critical Legal Theory & Radical Political Praxis

By

In his recent post about the LPE Movement’s reticence toward legal theory, Sam Moyn speculates that this aversion may be born of a noble yet misguided deference towards grassroots social movements. Deference, however, does not capture the dynamic relationship between critical legal theory and radical political practice. One does not precede the other or take priority. Instead, from W.E.B. Du Bois to Michel Foucault to Angela Davis, our most important critical thinkers have always engaged in a productive back-and-forth, in which theory and practice constantly challenge, check, and transform each other.
LPE Originals

Did CLS Have (Much Of) Any Theory?

By

Sam Moyn’s recent call for a renewed interest in a radical theory of law is timely and welcome. However, if LPE wants a social and legal theory adequate to its ambitions, we cannot turn to the insights of the earlier CLS movement to develop it. This is because CLS, in the relevant respects, did not have (much of) any theory at all.
LPE Originals

The Maternal Control Complex

By

In carefully chronicling the history, logic, and operations of the child welfare system and Tennessee’s fetal assault law, Dorothy Roberts and Wendy Bach give us accounts not of singular systems, but of something much more wide-ranging: an almost suffocating network of authorities surrounding marginalized mothers.
LPE Originals

The Deep Roots Linking Help and Punishment

By

Throughout America’s history, the deep-seated idea that poverty is fundamentally a moral failing on the part of the poor has shaped social welfare policies and practices. If they could run their lives properly, the logic goes, they would not be poor in the first place. Accordingly, poor and non-white folks cannot be trusted to care for their children, and thus need to be coerced, through the threat of punishment, into forms of supposedly “therapeutic” state interventions.
LPE Originals

The Profits of Family Policing and Punishment

By

When asked why he robbed banks, Willie Sutton reportedly replied, “Because that’s where the money is.” To understand our current system of family policing and punishment, we similarly need begin from the idea that this is a profit-focused system, one that extracts resources by investigating, surveilling, prosecuting, and separating low-income families.
LPE Originals

Caring for Children by Punishing Parents

By

According to the official organs of the family policing system, their goal is to ensure that children are safe and receive proper care. But a closer look at this system demonstrates just how little concern it has for the well-being of children. Instead, its primary purpose is to punish parents – a cruelty exacerbated by the fact that we live in a country that makes parenting nearly impossible.
LPE Originals

How Can Academic Research Support Non-Reformist Reforms?

By

What is the relationship between “non-reformist reforms” and academic research? Scholars can, of course, write about the legislation and policy that they believe will advance transformative change. Yet the way a group seeks reform – how a group organizes and fights for political change – is as important, if not more, than the substance of the reform. Scholarship should thus highlight and analyze the work of organizers on the ground who are indispensable to achieving transformational change.
LPE Originals

Under the Guise of Care

By

The carceral state is in a deep legitimacy crisis, with questions about its proper function up for public debate, and social movements pushing for care, public safety, and accountability. Municipalities, meanwhile, are experimenting with non-police responses to varied social problems. These efforts are important: they signal that abolitionist organizing and social insurgency have built sufficient power that the political elite has had to respond. But as Dorothy Roberts and Wendy Bach teach us, care often provides cover for criminalization, and the deployment of professional services often works hand in glove with systems of punishment.
LPE Originals

Building a World Without Criminalized Care

By

In 2013, a group of Tennessee legislators made it a crime for a pregnant woman to transmit narcotics to a fetus. The law’s supporters offered many of the traditional justifications for criminal law, but they also leaned heavily on a less familiar argument: that creating this crime would, in effect, create care. Indeed, they argued that criminalizing this behavior was a logical response to Tennessee’s opiate epidemic and healthcare crisis, as it would create incentives for judges to draw more treatment resources into court. However, to the extent that the women prosecuted under this law received any care from our legal and social welfare systems, that care was corrupted by its location within or near punishment systems.
LPE Originals

Building a World Without Family Policing

By

Far from promoting the well-being of children, the so-called child welfare system weaponizes children as a way to threaten families, to scapegoat parents for societal harms to their children, and to buttress the racist, patriarchal, and capitalist status quo. Torn Apart tears off the benevolent veneer of family policing to reveal its political reality and argues that it must be abolished. To achieve this end, we need a paradigm shift in the state’s relationship to families — a reimagining of the very meaning of child welfare.
LPE Originals

Weapons Against the Weak

By

Since the end of the Cold War, sanctions have served primarily as a way for relatively united Western powers — led by the United States — to impose their preferences on weaker states. The era of unipolarity that has facilitated such one-sided coercion is, however, drawing to a close, and with it perhaps the age of ever-proliferating sanctions.
LPE Originals

The Antinomies of “Peaceful” Sanctions

By

The legal concept and practice of “peaceful sanctions” is ridden with contradictions. To understand these antinomies, and to make sense of the changes in the legal treatment of sanctions over time, we must attend to the material basis of the international legal order – namely, a global but contradictory, crisis-prone, and conflictual capitalist imperialism structured along racial, gender, and spatial lines.
LPE Originals

Successful Failures: Economic Sanctions, Humanitarianism, and the Undoing of Post-Colonial Sovereignty

By

Humanitarian concerns have generally failed to bring about concrete legal limits on the use of sanctions as a tool of foreign policy. However, as the ongoing saga concerning the Afghan central bank’s assets indicates, they have succeeded in something much more fundamental: they have legitimized the use of sanctions as a tool for undoing and re-assembling the sovereignty of a postcolonial state.