Mary Fainsod Katzenstein

The Dark Side of American Liberalism and Felony Disenfranchisement

What can the disenfranchisement of people convicted of felonies tell us about the character of American liberalism? Felony disenfranchisement reveals a dark face of American liberal democracy that is distinct from two more familiar narratives: the Tocquevillean story of a triumphal and inclusionary liberalism and the “multiple traditions” account proposed by Rogers Smith that sees liberalism battling with racial and other exclusionary ideologies. The history of felony exclusion points to a third perspective: a hyphenate American liberalism (liberal-ascription; liberal-republicanism) in which an exclusionary politics is embedded within liberalism itself. We develop this argument with specific reference to the ways in which liberalism as an abstraction is reflected in concrete advocacy debates over reform, in court decisions, and in the legislative domain. We identify three strands of liberal argumentation—the conceptualization of discrimination that relies on intentionality; the paradigmatic liberal belief in the social contract; and the liberal-republican adherence to norms of individual responsibility. The three strands show how the purportedly universal and impartial liberal embrace of individuality, contract, and responsibility, that ostensibly transcends the ascriptive barriers of birth has nevertheless fostered laws and policies that buttress the boundaries of an exclusionary American citizenship.

Taxing the Poor: Incarceration, Poverty Governance, and the Seizure of Family Resources

In the last decades, the American state has radically enlarged the array of policy instruments utilized in today’s governance of the poor. Most recently, through a process of outright “seizure,” the state now exacts revenue from low-income families, partners, and friends of those individuals who in very large numbers cycle in and out of the nation’s courts, jails, and prisons. In an analysis of legislation, judicial cases, policy regulations, blog, chat-line postings, and survey data, we explore this new form of taxation. In doing so, we endeavor to meet two objectives: The first is to document policies which pressure individuals (mostly men) entangled in the court and prison systems to rely on family members and others (mostly women) who serve as the safety net of last resort. Our second objective is to give voice to an argument not yet well explored in the sizeable incarceration literature: that the government is seizing resources from low-income families to help finance the state’s own coffers, including the institutions of the carceral state itself. Until now, no form of poverty governance has been depicted as so baldly drawing on family financial support under the pressure of punishment to extract cash resources from the poor. This practice of seizure constitutes the very inversion of welfare for the poor. Instead of serving as a source of support and protection for poor families, the state saps resources from indigent families of loved ones in the criminal justice system in order to fund the state’s project of poverty governance.

Politics and Sexual Equality: The Comparative Position of Women in Western Democracies@@@The Women's Movements of the United States and Western Europe: Consciousness, Political Opportunity, and Public Policy@@@Women's Rights in France

This text assesses the results of the womens movement over the last 20 years, comparing a range of Western societies to see where sexual stratification has altered most radically and to what extent political parties have had a significant impact on the situation of women.