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LPE Originals

Building a World Without Family Policing

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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

Toward Prefigurative Lawyering

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Our current moment, filled with peril for all but those with extreme wealth, is one that calls for radical experimentation with utopian institutional and social forms – what are sometimes referred to as “prefigurative” projects. Yet legal education and dominant legal practices tend to constrain the imaginative capacities necessary for such projects. To overcome these constraints, lawyers and law students must learn to engage in shared social analysis with movement partners.
LPE Originals

From Work in Prison to Carcerality at Work

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How might organized labor be engaged in ending mass incarceration? One approach is to emphasize how carceral labor is exploited as a substitute for rights-bearing “free labor.” But the mere threat of substitution does not ensure solidarity. A more promising avenue is to consider how carcerality itself extends into so-called “free” labor markets. Under this “carceral labor continuum,” anti-carceral unionism emerges not from broad concerns over economic substitution but instead from the practical demands of workplace organizing.
LPE Originals

Untangling the Nineteenth-Century Roots of Mass Incarceration

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Popular historical narratives often trace the origins of penal labor to the post-Civil War South. Yet as insightful and politically useful as this familiar story may be, it overlooks the vast system of forced penal servitude that took shape in the antebellum North. Untangling the nineteenth-century roots of mass incarceration and forced labor can help clarify the shifting dynamics of expropriation, exploitation, and racialization across the long history of the U.S. carceral state.
LPE Originals

Not Worker, But Chattel

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In this essay, the author draws on his experiences as an incarcerated organizer to argue for the importance of a Black abolitionist politic that resists both “work” and the adoption of the “worker” identity. Instead, the category of the slave-in-revolt is better suited to the project of abolitionist organizing.
LPE Originals

Labor and the Carceral State

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How can we understand mass incarceration as a system of labor governance? This post introduces our new symposium on “carceral labor” by offering an empirical and conceptual overview of the different ways in which the carceral state structures and compels work, both in and beyond the prison.
LPE Originals

On the Place of Racial Capitalism in China’s Northwestern Frontier

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Though its contemporary theorization emerged from Cedric Robinson and other scholars of the Black Radical Tradition, racial capitalism is neither an idea somehow restricted to the U.S. or Europe, nor an idea that can be provincialized solely within the processes and structures of Western colonial expropriation and exploitation. Rather, this approach can help us understand the immense expansion of securitization and forced assimilation in the Xinjiang Uyghur Autonomous Region, not as an aberration, but as the logical extension of Han settler capitalist development strategies since at least the early 1990s.
LPE Originals

What to Watch: The Thirteen Best Panels Streaming This Weekend

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Forget Netflix, Hulu, and Amazon. Over the next three days, you’ll want to turn that dial to Law and Political Economy: Labor, Social Control, and Counterpower. From the comfort of your own home, stream panels on the legal regulation of data and technology, socialist constitutionalism, decarcerating the welfare state, and so much more. Zoom links for the various panels can be found within this post, along with some paired blog posts from our (vast) archive.
LPE Originals

The Carceral Conjuncture in Central Appalachia

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As a result of jail and prison expansion in Eastern Kentucky, the region has become a center of gravity in the fight over the future of the carceral state. To understand this carceral boom, we need to appreciate how multiple crises have converged in Eastern Kentucky to produce a historical moment – a conjuncture – in which prisons and jails serve as putative solutions to a variety of social and economic problems.
LPE Originals

Rural and Racialized: How Property Law Perpetuates Racial Disparities

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Research on racial disparities tends to focus on the urban, constructing an important story of race-based segregation and inequality that takes place on the city block or the suburban cul-de-sac. But with nearly all farmland in America (98%) owned by white people, these same racial dynamics are just as important to contemporary generational wealth disparities for rural people. It is thus critical to understand not only how property law has historically constructed these patterns of racial difference but also the role that property law continues to play in maintaining these disparities.
LPE Originals

Development for Some, Disaster for Others: The Case for Reparations

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Central to Táíwò’s case for reparations is the idea of inertia. This is a useful message for economists, particularly of the mainstream bent, to hear. Without significant changes in the social provisioning processes, wealth and advantage, along with poverty and disadvantage, will continue to accumulate. No marginal change in a tax code or behavioral nudge will induce the radical change that is necessary for those accumulations to reverse course. Instead, we must be guided by a “worldmaking” philosophy, one that seeks to build a just world on a global scale.
LPE Originals

What Will Worldmaking Require?

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Building on Adom Getachew’s account of anticolonial “worldmaking,” Olúfẹ́mi O. Táíwò defends reparations as a worldmaking project aimed at creating a world free from domination. Yet given this ambition, his targets for climate justice seem, if anything, too modest: why stop with eliminating tax havens or endowing the Global Climate Fund? Why not aim at the reorganization of the global economy itself, as many anti-colonial leaders once did? And if we accept these broader ambitions, what political formations might plausibly advance the project of anticolonial climate reparations?
LPE Originals

Reconsidering the Future

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Reconsidering Reparations offers several sound policy proposals about how to pursue reparations and climate justice. Yet its main contribution to the realm of climate politics has little to do with policy. Rather, it’s about a way of situating oneself in historical time. Unlike ordinary philosophical parables that freeze time and abstract away from specific places (think of the “trolley problem” or the “veil of ignorance”), Táíwò is arguing that the big picture is always historical, and always spatially complex. This shift in orientation will change how we see environmental or climate issues, but it will also change how we see much else.
LPE Originals

Reconsidering Reparations

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For better or worse, our world stands on the precipice of major changes. Our current energy system is driving a rapidly unfolding climate crisis, and the need for total transformation “at every level of society” is now the prevailing scientific opinion. Given this context, Reconsidering Reparations argues for two things. First, reparations for trans-Atlantic slavery and colonialism should be seen as a future-oriented project engaged in building a just social order. Second, if we accept that view, then reparations and the struggle for racial justice should be directly linked to the struggle for climate justice.