Decolonizing the Criminal Question: Colonial Legacies, Contemporary Problems

Cover
Half-Title
Title page
Copyright
Foreword: Decolonizing Critique
Acknowledgements
Contents
List of Contributors
Introduction
	Overview
	References
PART 1: UNSETTLING CONCEPTS AND PERSPECTIVES
	1. Decoloniality, Abolitionism, and the Disruption of Penal Power
		Introduction
		Global State Violence and Unknowing Criminology
		Criminological Innocence
		Decolonial Knowledges
		Strategies for Decolonial Activism
		Conclusion
		References
	2. Abolition and (De)colonization: Cutting the Criminal Question’s Gordian Knot
		Introduction
		A Decolonized Criminal Question? A Decolonized Criminology?
		Colonialism, Justice, and the Concept of Crime
		Criminology, its Colonial Origins, and its Relationship with the State
		‘Race’ and the Invention of the Criminal
		Beyond the Criminal Question: The Need for a Decolonial Abolitionist Praxis
		References
	3. The Weight of Empire: Crime, Violence, and Social Control in Latin America—.and the Promise of Southern Criminology
		Introduction
		The Southern Criminology Project
		A Critical Elaboration of Southern Criminology: Capitalism, Colonialism, and Empire
		The Latin American Crime Control Fields: A Southern Perspective
		Crime and Violence Under the Colonial Matrix of Power
		Imprisonment as a Form of Penal Excess Against Marginalized Groups
		Militarized Policing and the Upsurge of Police Brutality in Recent Times: The Covid-.19 Pandemic
		State Building, State Capacity, and Links with Crime and Punishment in Latin America
		Conclusion: From the Punitive Turn to the Decolonial Turn
		References
	4. From Genocidal Imperialist Despotism to Genocidal Neocolonial Dictatorship: Decolonizing Criminology and Criminal Justice with Indigenous Models of Democratization
		Introduction
		Decolonization as Resistance Against Colonization
		European Colonial Despotism and Resistance
		Conclusion
		References
PART 2: CONTEXTUALIZING THE CRIMINAL QUESTION
	5. A Postcolonial Condition of Policing?: Exploring Policing and Social Movements in Pakistan and Nigeria
		Introduction
		A Framework for Postcolonial Policing
		Pakistan
			Pashtun Tahaffuz Movement
			Persistence of PCP in Pakistan
		Nigeria
			#EndSARS
			Persistence of PCP in Nigeria
		Conclusion
		References
	6. Extrajudicial Punishment and the Criminal Question: The Case of ‘Postcolonial’ South Africa
		Introduction
		Extrajudicial Punishment and the Abdication of Liberal Law During Colonialism and Apartheid
		Extrajudicial Punishment (in Prisons and Elsewhere) Post-.1994
			Makwanyane
			Arrest and bail as extrajudicial punishment
		Civilian-.Led Extrajudicial Punishment in Informal Settlements and Former Black Townships
			‘Repertoires of violence’
		Conclusion
		References
	7. Carceral Cultures in Contemporary India
		Introduction
		A Decolonial Perspective—.Introductory Remarks
		Carceral Culture and the Chaotic Everyday in Prison
		Vignettes of Carceral Spillovers
		Carceral Culture and the Politics of Disposability
		Is a Decolonial Perspective Possible?
		References
PART 3: LOCATING COLONIAL DURESS
	8. ‘Muslims Have No Borders, Only Horizons’: A Genealogy of Border Criminality in Algeria and France, 1844 to Present
		Introduction
		Imagining and Producing the ‘Borderless’ Muslim
		The Administrative Internment Regime (1840s–.1914)
		Afterlives of Internment
		Conclusion: What Is to Be Done?
		References
	9. The Coloniality of Justice: Naturalized Divisions During Pre-.Trial Hearings in Brazil
		Introduction
		Citizenship and the Colonial Period
		Coloniality and Citizenship
		Analysis
		Space and Place
		Boundaried Citizenship
		Whiteness as the Point of Departure
		Normalization of Black Pain and Death
		Discussion
		Temporal Dimension
		Spatial Dimension
		Subjective Dimension
		References
	10. Contextualizing Racialized Exclusion and Criminalization in Postcolonial Israel: Policing of Israeli Ethiopian Citizens and Detention of Sudanese and Eritrean Asylum Seekers
		Introduction
		A Note on Methods and Scope
		Socio-.Historical Context—.An Ethnonational Settler State
		The Policing of Ethiopian Jewish Citizens
		Detention of Asylum Seekers from Sudan and Eritrea
		Connecting Racialized Exclusions
		Conclusion
		References
	11. Coloniality and Structural Violence in the Criminalization of Black and Indigenous Populations in Brazil
		Introduction: Coloniality and the Criminalization of the Subaltern
		Brazil has a Huge Past Ahead
		The Authoritarian Republican Progress
		The Integration of the Indigenous People by Means of Punishment
		Racial Selectivity in Brazilian Policing
		Conclusion
		References
PART 4: MAPPING GLOBAL CONNECTIONS
	12. Emancipatory Pathways or Postcolonial Pitfalls?: Navigating Global Policing Mobilities Through the Atlantic Archipelago of Cape Verde
		Introduction
		Cape Verde and Decolonizing Policing Scholarship
		Qualifying Cape Verdean Exceptionalism
		Morabeza for Transnational Policing?
		Occidental ‘Policeness’ and Subaltern Global Cops
		International Broker or Postcolonial Intermediary? Atlantic Policing of Global Insecurities
		‘If They Build It, Will They Come?’ An International Police Academy for Cape Verde
		Conclusion
		References
	13. ‘Nothing is Lost, Everything is ..... Transferred’: Transnational Institutionalization and Ideological Legitimation of Tort
		Introduction
		The Algerian ‘War of Decolonization’ (1954–.1962)
		The Argentine Dirty War (1976–.1983)
		Neocolonialism as the Rationale Behind the Transnational Institutionalization and Ideological Legitimation of Torture
		Conclusion
		References
	14. The Legacy of Colonial Patriarchy in the Current Administration of the Malaysian Death Penalty: The Hyper-.Sentencing of Fo
		Introduction
		Scholarship on Capital Punishment and Colonization
		An Overview of the Current Scope and Application of the Malaysian Death Penalty
		The Double Colonial Legacy: Two Converging Histories
		The Research Problem: The Death Penalty for Drug Trafficking as a Modern Manifestation of Colonial Patriarchy and Penality
			The hyper-.sentencing of foreign national women for drug trafficking
			‘Securitization’ in response to the ‘foreign threat’ of drug trafficking
		Conclusion
		References
PART 5: MOVING FORWARD: NEW METHODS AND APPROACHES
	15. Criminal Questions, Colonial Hinterlands, Personal Experience: A Symptomatic Reading
		Introduction
		Methodological Approach—.Symptomatic Reading
		Cairo’s Jamaican Excursions and Versions
			Imperializing Merton?
		Rafan’s Criminal Justice Rejections and Recreations
			The postcolony
		Warren: Transnational Whiteness Refusing to be Seen
			‘Don’t get me white’? racial routes in and out of Zimbabwe, London, and Essex
			Accents of colonial hierarchy, evidence of whiteness
		Conclusions: Colonial Violence, White Innocence, Criminal Questions
			Making connections: coloniality and criminology
		References
	16. Ayllu and Mestizaje: A Decolonial Feminist View of Women’s Imprisonment in Peru
		Introduction
		The Modern-.Colonial-.Patriarchal Structure
		Race, Gender, and Imprisonment: The Modern-.Colonial-.Patriarchal Penitentiary
		Ayllu and Mestizaje: Women in Contemporary Prisons in Lima, Peru
		Ayllu: A Communitarian Organizational System within Santa Monica
		Mestizas and Mestizaje: About the ‘Race’-.Ethnic-.Cultural Dimension in Prison
		Conclusion: Final Reflections
		References
	17. An Alternative Spotlight: Colonial Legacies, Therapeutic Jurisprudence, and the Enigma of Healing
		Introduction
			The therapeutic jurisprudence approach
		Colonial Legacies: A Case Study of Therapeutic Jurisprudence Applied
			Cultural tokenism
			Assimilation through subjugation
			Colonial consciousness
		The Enigma of Healing
		Conclusion
		References
	18. In Our Experience: Recognizing and Challenging Cognitive Imperialism
		Introduction: Colonization and Cognitive Imperialism
			Experiencing criminal justice academe: the data
		Recognizing and Reflecting on Cognitive Imperialism
		Reorienting and Responding to Cognitive Imperialism
		Recover and Reform: Seeking Constructive Ways Forward
		Conclusion
		References
	Conclusion: Teasing Out the Criminal Question, Building a Decolonizing Horizon
		Overview
		Problematizing and Dismantling Dynamics of Hierarchization, Subordination, and Dependency in Knowledge Production and Circulation
		Continuities, Discontinues, Permutations, and Erasures in the Colonial Matrix of the Criminal Question
		Methodological Approaches: Reflexivity, Narratives of Resistance and Enduring Struggles
		Politics and Ethics
		References
Index