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Eminent domain as enclosure movement: the privatization of law under neoliberalism
Title
Eminent domain as enclosure movement: the privatization of law under neoliberalism.
Creator
Kleeger, Jeffery, Araghi, Farshad A., Florida Atlantic University, Dorothy F. Schmidt College of Arts and Letters, Department of Sociology
Abstract/Description
Law is a means to an end. The state has always claimed it uses law as a tool to promote social order and progress (the Brazilian National Flag is an example). The use of law to force social change to facilitate capital accumulation for elites in society flies in the face of what the takings clause is supposed to stand for. This research examines the connection between economic development and public good. It focuses on takings because takings lie at the intersection between economics,...
Show moreLaw is a means to an end. The state has always claimed it uses law as a tool to promote social order and progress (the Brazilian National Flag is an example). The use of law to force social change to facilitate capital accumulation for elites in society flies in the face of what the takings clause is supposed to stand for. This research examines the connection between economic development and public good. It focuses on takings because takings lie at the intersection between economics, politics, and social relations. Takings are justified by necessity and public good, but the claim isn’t genuine. Takings condone displacement and cause harm. State-authorized condemnation juxtaposes civic duty with social obligation, ownership with license and privilege. The thesis developed here is the state is pushing the law of takings toward the satisfaction of private interests. To that end the public use concept was expanded. Kelo v. City of New London (2005) holds economic development is a public use and in making that fallacious claim the case has ruptured takings law. Public use shouldn’t be about private gain. Property should be creative and is when it facilitates productivity, but it’s destructive if it erodes personal autonomy. The state claims it promotes social good when it reorders uses, but the claim is false. Instead the state achieves an air of legitimacy, offering a sound rationale for acts of displacement and uses law to support the claim it promotes public good. If an individual doesn’t want to part with her property she shouldn’t be forced to do so. Taking is use of state power to accomplish ends that can’t otherwise be achieved. Taking is a lawful means to displace to benefit private interests. The proof of this is in the pudding of the transformation of law between Berman v. Parker (1954) and Kelo v. City of New London (2005). Berman (1954) required blight. Kelo v. City of New London (2005) eliminated that requirement. This thesis explains how law and state are captured by private interests.
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Date Issued
2015
PURL
http://purl.flvc.org/fau/fd/FA00004386, http://purl.flvc.org/fau/fd/FA00004386
Subject Headings
Common good, Eminent domain -- Law and legislation -- United States, Land use -- Economic aspects -- United States, Neoliberalism, Privatization -- United States, Property -- Social aspects, Right of property -- United States
Format
Document (PDF)
Prison privatization in the United States: a new strategy for racial control
Title
Prison privatization in the United States: a new strategy for racial control.
Creator
Mercadal-Sabbagh, Gertrudis, Araghi, Farshad A., Florida Atlantic University, Dorothy F. Schmidt College of Arts and Letters, Department of Sociology
Abstract/Description
There has been a stunning build-up of prisons and a growing trend in prison privatization in the last 30 years, including the rise of maximum security units. The goal of my dissertation is to understand the ideological, historic, political, and economic processes behind the changes in the criminal justice system of the United States. I analyze this problem from multiple angles—labor and policy history, discourse and public opinion, and race in America. The aim of this analysis is to uncover...
Show moreThere has been a stunning build-up of prisons and a growing trend in prison privatization in the last 30 years, including the rise of maximum security units. The goal of my dissertation is to understand the ideological, historic, political, and economic processes behind the changes in the criminal justice system of the United States. I analyze this problem from multiple angles—labor and policy history, discourse and public opinion, and race in America. The aim of this analysis is to uncover the reasons why crime legislation became progressively more punitive, reaction to African Americans gains in post-Civil Rights more hostile, and the manifold ways in which these phenomena drive the expansion of the prison system and its increasing privatization. In the process of this expansion, a racial caste system which oppresses young African Americans and people of color has become recast and entrenched. Specifically, I offer the notion that in the last three decades, punitive crime legislation focused on African Americans and served to deal with labor needs and racial conflict with harsher penal legislation; in doing so, it depoliticized race, institutionalized racial practices, and served the interests of private prison businesses in new ways oppressive ways. Using interdisciplinary methods which weave together qualitative and quantitative analysis, I find that punitive crime policies in the last thirty years used the concept of crime as political currency by government officials in order to appear tough on crime, and by business representatives interested in exploiting the prison industry. The conflation of business and political interests, and the recasting of crime as a race problem, served to taint public institutions and media dissemination with racist imperatives which stereotyped poor African Americans. The end result is a constant re-positioning of young black males as fodder for economic exploitation. The dissertation also addresses the high cost of imprisonment and the multiple social problems brought from shifting inmates from wards of the State to profit-making opportunities in the hands of private entrepreneurs. The result is high numbers of recidivism, and a growing underclass of people who will always be unemployed or underemployed and return to low income communities that suffer from the endless cycle of poverty and imprisonment.
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Date Issued
2014
PURL
http://purl.flvc.org/fau/fd/FA00004218, http://purl.flvc.org/fau/fd/FA00004218
Subject Headings
Corrections -- Contracting out, Prison administration, Prisons and race relations, Privatization
Format
Document (PDF)