Punishment And Political Order

205 Pages·2007·13.133 MB·English

by  Keally McBride

McBride, Keally. Punishment and Political Order.
E-book, Ann Arbor, MI: University of Michigan Press, 2007, https://doi.org/10.3998/mpub.133501. Accessed 22 Apr 2020.
Downloaded on behalf of 77.243.191.59
Punishment and Political Order
McBride, Keally. Punishment and Political Order.
E-book, Ann Arbor, MI: University of Michigan Press, 2007, https://doi.org/10.3998/mpub.133501. Accessed 22 Apr 2020.
Downloaded on behalf of 77.243.191.59
Law, Meaning, and Violence
The scope of Law, Meaning, and Violence is defined by the wide-ranging scholarly de
bates signaled by each of the words in the title. Those debates have taken place among
and between lawyers, anthropologists, political theorists, sociologists, and historians, as
well as literary and cultural critics. This series is intended to recognize the importance
of such ongoing conversations about law, meaning, and violence as well as to encourage
and further them.
Series Editors: Martha Minow, Harvard Law School
Austin Sarat, Amherst College
RECENT TITLES IN THE SERIES
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The Polittcs of Community Policing: Rearrangmg the Power to Punish, by William Lyons
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Whispered Consolations: Law and Narrative in African Amerzcan Life,
by Jon-Christian Suggs
Bad Boys: Public Schools in the Making of Black Masculinity, by Ann Arnett Ferguson
Pain, Death, and the Law, edited by Austin Sarat
The Limits to Union: Same-Sex Marriage and the Politics of Civil Rights,
by Jonathan Goldberg-Hiller
From Noose to Needle: Capital Punishment and the Late Liberal State,
by Timothy V. Kaufman-Osborn
Communities and Law: Politics and Cultures of Legal Identities, by Gad Barzilai
The Jurisprudence of Emergency: Colonialzsm and the Rule of Law, by Nasser Hussain
Jurors' Stories of Death: How America's Death Penalty Invests in Inequality,
by Benjamin Fleury-Steiner
TransformatlVe Justice: Israeli Identity on Trial, by Leora Bilsky
Suing the Gun Industry: A Battle at the Crossroads of Gun Control and Mass Torts,
edited by Timothy D. Lytton
Punishing Schools: Fear and Citizenship in American Public Education,
by William Lyons and Julie Drew
Among the Lowest of the Dead: The Culture of Capital Punishment,
by David Von Drehle
Lives of Lawyers Revisited: TransformatIOn and Resilience in the Organizations of Practice,
by Michael J. Kelly
Punzshment and Political Order, by Keally McBride
McBride, Keally. Punishment and Political Order.
E-book, Ann Arbor, MI: University of Michigan Press, 2007, https://doi.org/10.3998/mpub.133501. Accessed 22 Apr 2020.
Downloaded on behalf of 77.243.191.59
Punishment and Political Order
KEALLY McBRIDE
THE UNIVERSITY OF MICHIGAN PRESS
Ann Arbor
McBride, Keally. Punishment and Political Order.
E-book, Ann Arbor, MI: University of Michigan Press, 2007, https://doi.org/10.3998/mpub.133501. Accessed 22 Apr 2020.
Downloaded on behalf of 77.243.191.59
Copyright © by the University of Michigan 2007
All rights reserved
Published in the United States of America by
The University of Michigan Press
Manufactured in the United States of America
@i Printed on acid-free paper
2010 2009 2008 43 2
No part of this publication may be reproduced, stored in a retrieval system,
or transmitted in any form or by any means, electronic, mechanical, or otherwise,
without the written permission of the publisher.
A ClP catalog record for this book IS available from the BritIsh Library.
Library of Congress Cataloging-in-Publication Data
McBride, Keally D.
Punishment and political order / Keally McBride.
p. cm. - (Law, meaning, and violence)
Includes bibliographical reference and index.
ISBN-13: 9f'8-0-472-o9982-5 (cloth: alk. paper)
ISBN-lO: 0-472-09982-5 (cloth: alk. paper)
ISBN-I3: 978-0-472-06982-8 (pbk. : alk. paper)
ISBN-lO: 0-472-06982-9 (pbk. : alk. paper)
1. Punishment-Philosophy. 2. Punishment-Govemment policy.
3. Social control. 4. Sovereignty. 5. Punishment-Govemment
policy-United States. 1. Title.
HV7419.M398 2007
364·601-dC22 2006029795
ISBN-13 978-0-472-02317-2 (electronic)
McBride, Keally. Punishment and Political Order.
E-book, Ann Arbor, MI: University of Michigan Press, 2007, https://doi.org/10.3998/mpub.133501. Accessed 22 Apr 2020.
Downloaded on behalf of 77.243.191.59
To John
McBride, Keally. Punishment and Political Order.
E-book, Ann Arbor, MI: University of Michigan Press, 2007, https://doi.org/10.3998/mpub.133501. Accessed 22 Apr 2020.
Downloaded on behalf of 77.243.191.59
McBride, Keally. Punishment and Political Order.
E-book, Ann Arbor, MI: University of Michigan Press, 2007, https://doi.org/10.3998/mpub.133501. Accessed 22 Apr 2020.
Downloaded on behalf of 77.243.191.59
Contents
Acknowledgments ix
Introduction Strange Brew-Punishment and
Political Ideals 1
CHAPTER 1. The Whip of Utopia On Punishment and
Political Vision
CHAPTER 2. "Man's Life Is but a Prison" Human Reason, Secular
Political Order, and the Punishments of God 37
CHAPTER 3. Earthly Divinity Punishment and the Requirements
of Sovereignty 59
CHAPTER 4. Severing the Sanguinary Empire Punishment
and Early American Democratic Idealism 81
CHAPTER 5. Punishment in Liberal Regimes 103
CHAPTER 6. Hitched to the Post Prison Labor, Choice,
and Citizenship 127
CHAPTER 7. Punishment and the Spiral of Disorder 147
Notes 165
References 179
Index 189
McBride, Keally. Punishment and Political Order.
E-book, Ann Arbor, MI: University of Michigan Press, 2007, https://doi.org/10.3998/mpub.133501. Accessed 22 Apr 2020.
Downloaded on behalf of 77.243.191.59
McBride, Keally. Punishment and Political Order.
E-book, Ann Arbor, MI: University of Michigan Press, 2007, https://doi.org/10.3998/mpub.133501. Accessed 22 Apr 2020.
Downloaded on behalf of 77.243.191.59
Acknowledgments
This project began while I was working with Mary Katzenstein at Cor
nell University on a John S. McKnight Postdoctoral Fellowship and I
became interested in the phenomenon of prison labor. It developed even
more at a National Endowment for the Humanities Summer Institute at
Amherst College, led by Austin Sarat in the summer of 2002. He was
most enthusiastic when I developed the idea for this book, and Jim
Reische at the University of Michigan Press also carried me along
through the writing process, encouraging me to write plainly whenever
possible, having faith that a book can be both smart and pleasurable to
read-even one on punishment. The other participants in the punish
ment seminar were stellar colleagues in every sense of the word, and I
would like to thank Valerie Karno, Robert Gordon, Karl Shoemaker, Ted
Sasoon, Alysa Rosenthal, Bill Lyons, and Christopher Sturr in particular
for helping me begin to think about punishment and political theory
and to write the first section of this book. I would also like to thank Law,
Politics, and Society for permission to reprint "Hitched to the Post" here,
and the reviewers who helped me to develop that argument.
John Zarobell, Kevin Bundy, Carl Cheeseman, Marie Gottschalk,
Nancy Hirschmann, Betsy and Richard McBride, and the anonymous
reviewers for the University of Michigan Press read parts of the manu
script and gave me excellent advice and conversation. Marie
Gottschalk, The Prison and the Gallows, and Bruce Western, Punishment
and Inequality, shared copies of their manuscripts (which have now
been released), making it possible for me to benefit from their illumi
nating work on the American penal system today. Ruth Ost let me
teach a seminar on punishment in the Temple University Honors Pro
gram, giving me a captive audience that helped immeasurably. My
seminars on punishment at the University of Pennsylvania were also
lively, helping me to reconceptualize the manuscript significantly.
McBride, Keally. Punishment and Political Order.
E-book, Ann Arbor, MI: University of Michigan Press, 2007, https://doi.org/10.3998/mpub.133501. Accessed 22 Apr 2020.
Downloaded on behalf of 77.243.191.59