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Punishment and InclusionRace, Membership, and the Limits of American Liberalism$
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Andrew Dilts

Print publication date: 2014

Print ISBN-13: 9780823262410

Published to Fordham Scholarship Online: September 2015

DOI: 10.5422/fordham/9780823262410.001.0001

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(Re)figuring Justice

(Re)figuring Justice

(p.201) 8 (Re)figuring Justice
Punishment and Inclusion

Andrew Dilts

Fordham University Press

The final chapter calls a refiguring of justice that moves toward communicative and deliberative theories of democracy and democratic practice that begin by theorizing injustice, difference, and subjectivity. Drawing on the work of Iris Marion Young, Michel Foucault, and Simon de Beauvoir, the normative evaluation of felon disenfranchisement must begin by recognizing what it as a productive failure that manages paradoxes of liberal punishment and membership. This calls for a provisional acceptance of the relationship between punishment and the boundaries of political membership and a deeper rethinking and refiguring of practical and institutional practices of exclusion, inclusion, and punishment. Recognizing the relation between persons who have and have not been subjected to the criminal punishment system in the US as one of seriality, this chapter calls for a critical, self-reflective, and radical democratic practice. To end the legacy of racialized social and political hierarchization requires removing disenfranchisement provisions, but also demands moving beyond the logic of inclusion, divesting the vote as a location that finalizes, essentializes, and fixes the boundaries of the polity.

Keywords:   Iris Young, Simone de Beauvoir, Michel Foucault, Felon Disenfranchisement, Seriality, Justice, Failure, Inclusion, Exclusion, Democracy, Punishment, Citizenship

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