The authors unpack queer criminal archetypes--like "gleeful gay killers," "lethal lesbians," "disease spreaders," and "deceptive gender benders"--to illustrate the punishment of queer expression, regardless of whether a crime was ever committed. Tracing stories from the streets to the bench to behind prison bars, the authors prove that the policing of sex and gender both bolsters and reinforces racial and gender inequalities. A groundbreaking work that turns a "queer eye" on the criminal legal system, Queer (In)Justice illuminates and challenges the many ways in which queer lives are criminalized, policed, and punished.

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    Albert O. Hirschman makes a basic distinction between alternative ways of reacting to deterioration in business firms and, in general, to dissatisfaction with organizations: one, "exit," is for the member to quit the organization or for the customer to switch to the competing product, and the other, "voice," is for members or customers to agitate and exert influence for change "from within." The efficiency of the competitive mechanism, with its total reliance on exit, is questioned for certain important situations. As exit often undercuts voice while being unable to counteract decline, loyalty is seen in the function of retarding exit and of permitting voice to play its proper role. The interplay of the three concepts turns out to illuminate a wide range of economic, social, and political phenomena. As the author states in the preface, "having found my own unifying way of looking at issues as diverse as competition and the two-party system, divorce and the American character, black power and the failure of 'unhappy' top officials to resign over Vietnam, I decided to let myself go a little."

    Using case histories, personal experiences and his own inviting writing and teaching style, Preet Bharara shows the thought process we need to best achieve truth and justice in our daily lives and within our society.Preet Bharara has spent much of his life examining our legal system, pushing to make it better, and prosecuting those looking to subvert it. Bharara believes in our system and knows it must be protected, but to do so, we must also acknowledge and allow for flaws in the system and in human nature.     The book is divided into four sections: Inquiry, Accusation, Judgment and Punishment. He shows why each step of this process is crucial to the legal system, but he also shows how we all need to think about each stage of the process to achieve truth and justice in our daily lives.     Bharara uses anecdotes and case histories from his legal career--the successes as well as the failures--to illustrate the realities of the legal system, and the consequences of taking action (and in some cases, not taking action, which can be just as essential when trying to achieve a just result).      Much of what Bharara discusses is inspiring--it gives us hope that rational and objective fact-based thinking, combined with compassion, can truly lead us on a path toward truth and justice. Some of what he writes about will be controversial and cause much discussion. Ultimately, it is a thought-provoking, entertaining book about the need to find the humanity in our legal system--and in our society.

    When people are trapped in a cycle of debt it also can affect their subjectivity and how they temporally inhabit the world by making it difficult for them to imagine and plan for the future. What psychic toll does this have on residents? How does it feel to be routinely dehumanized and exploited by the police?—from Carceral CapitalismIn this collection of essays in Semiotext(e)'s Intervention series, Jackie Wang examines the contemporary incarceration techniques that have emerged since the 1990s. The essays illustrate various aspects of the carceral continuum, including the biopolitics of juvenile delinquency, predatory policing, the political economy of fees and fines, cybernetic governance, and algorithmic policing. Included in this volume is Wang's influential critique of liberal anti-racist politics, “Against Innocence,” as well as essays on RoboCop, techno-policing, and the aesthetic problem of making invisible forms of power legible.Wang shows that the new racial capitalism begins with parasitic governance and predatory lending that extends credit only to dispossess later. Predatory lending has a decidedly spatial character and exists in many forms, including subprime mortgage loans, student loans for sham for-profit colleges, car loans, rent-to-own scams, payday loans, and bail bond loans. Parasitic governance, Wang argues, operates through five primary techniques: financial states of exception, automation, extraction and looting, confinement, and gratuitous violence. While these techniques of governance often involve physical confinement and the state-sanctioned execution of black Americans, new carceral modes have blurred the distinction between the inside and outside of prison. As technologies of control are perfected, carcerality tends to bleed into society.

    According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the strict constructionism that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly smuggle in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.

    The methodology of the late Paulo Freire has helped to empower countless impoverished and illiterate people throughout the world. Freire's work has taken on especial urgency in the United States and Western Europe, where the creation of a permanent underclass among the underprivileged and minorities in cities and urban centers is increasingly accepted as the norm. With a substantive new introduction on Freire's life and the remarkable impact of this book by writer and Freire confidant and authority Donaldo Macedo, this anniversary edition of Pedagogy of the Oppressed will inspire a new generation of educators, students, and general readers for years to come.

    From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.

    In this brilliant study (his best-known and most controversial), he opposes the Marxist concept of dialectical materialism and its view that change takes place through "the struggle of opposites." Instead, he relates the rise of a capitalist economy to the Puritan determination to work out anxiety over salvation or damnation by performing good deeds — an effort that ultimately discouraged belief in predestination and encouraged capitalism. Weber's classic study has long been required reading in college and advanced high school social studies classrooms.

    In this unparalleled book, Marshall Berman takes account of the social changes that swept millions of people into the capitalist world and the impact of modernism on art, literature and architecture. This new edition contains an updated preface addressing the critical role the onset of modernism played in popular democratic upheavals in the late 1920s.

    Fanon's masterwork is a classic alongside Edward Said's Orientalism or The Autobiography of Malcolm X, and it is now available in a new translation that updates its language for a new generation of readers.The Wretched of the Earth is a brilliant analysis of the psychology of the colonized and their path to liberation. Bearing singular insight into the rage and frustration of colonized peoples, and the role of violence in effecting historical change, the book incisively attacks the twin perils of post-independence colonial politics: the disenfranchisement of the masses by the elites on the one hand, and intertribal and interfaith animosities on the other.Fanon's analysis, a veritable handbook of social reorganization for leaders of emerging nations, has been reflected all too clearly in the corruption and violence that has plagued present-day Africa. The Wretched of the Earth has had a major impact on civil rights, anticolonialism, and black consciousness movements around the world, and this bold new translation by Richard Philcox reaffirms it as a landmark.

    Hence: Can Machiavelli, who makes the following observations, be Machiavellian as we understand the disparaging term? 1. So it is that to know the nature of a people, one need be a Prince; to know the nature of a Prince, one need to be of the people. 2. If a Prince is not given to vices that make him hated, it is unsusal for his subjects to show their affection for him. 3. Opportunity made Moses, Cyrus, Romulus, Theseus, and others; their virtue domi-nated the opportunity, making their homelands noble and happy. Armed prophets win; the disarmed lose. 4. Without faith and religion, man achieves power but not glory. 5. Prominent citizens want to command and oppress; the populace only wants to be free of oppression. 6. A Prince needs a friendly populace; otherwise in diversity there is no hope. 7. A Prince, who rules as a man of valor, avoids disasters, 8. Nations based on mercenary forces will never be solid or secure. 9. Mercenaries are dangerous because of their cowardice 10. There are two ways to fight: one with laws, the other with force. The first is rightly man’s way; the second, the way of beasts.

    The essay focuses on political language, which, according to Orwell, "is designed to make lies sound truthful and murder respectable, and to give an appearance of solidity to pure wind." Orwell believed that the language used was necessarily vague or meaningless because it was intended to hide the truth rather than express it.

    Hegel's last major published work, is an attempt to systematize ethical theory, natural right, the philosophy of law, political theory and the sociology of the modern state into the framework of Hegel's philosophy of history. Hegel's work has been interpreted in radically different ways, influencing many political movements from far right to far left, and is widely perceived as central to the communication tradition in modern ethical, social and political thought. This edition includes extensive editorial material informing the reader of the historical background of Hegel's text, and explaining his allusions to Roman law and other sources, making use of lecture materials which have only recently become available. The new translation is literal, readable and consistent, and will be informative and scholarly enough to serve the needs of students and specialists alike.

    This thorough treatment of constitutional law focuses on three core areas -- The Judicial Function in Constitutional Cases, The Structure of Government, and Individual Rights. The new edition has been updated to include recent major Supreme Court decisions, as well as expanded materials on executive power, military tribunals and separation of powers in the war on terrorism.