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Decolonising the Criminal Question: Colonial Legacies, Contemporary Problems

Decolonising the Criminal Question: Colonial Legacies, Contemporary Problems

Author: Ana Aliverti; Henrique Carvalho; Anastasia Chamberlen; Maximo Sozzo
Publisher: Oxford University Press
ISBN: 9780192899002
Published In: June 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Within the discipline of criminology and criminal justice, relatively little attention has been paid to the relationship between criminal law, punishment, and imperialism, or the contours and exercise of penal power in the Global South. Decolonising the Criminal Question is the first work of its kind to comprehensively place colonialism and its legacies at the heart of criminological enquiry.

By examining the reverberations of colonial history and logics in the operation of penal power, this volume explores the uneasy relationship between criminal justice and colonialism, bringing relevance of these legacies in criminological enquiries to the forefront of the discussion. It invites and pursues a better understanding of the links between imperialism and colonialism on the one hand, and nationalism and globalisation on the other, by exposing the imprints of these links on processes of marginalisation, racialisation, and exclusion that are central to contemporary criminal justice practices. Covering a range of jurisdictions and themes, Decolonising the Criminal Question details how colonial and imperial domination relied on the internalization of hierarchies and identities — for example, racial, geographical, and geopolitical — of both the colonized and the colonizer, and shaped their subjectivity through imageries, discourses, and technologies.

Offering innovative conceptual and methodological approaches to the study of the criminal question, this work is an essential read for scholars not only focused on criminology and criminal justice, but also for scholars in law, anthropology, sociology, politics, history, and a range of other disciplines in the humanities and social sciences.

Foreword

Mark Brown

Introduction

Ana Aliverti, Henrique Carvalho, Anastasia Chamberlen, and Máximo Sozzo

Part 1: Unsettling Concepts and Perspectives

1:Decoloniality, Abolitionism, and the Disruption of Penal Power

Chris Cunneen

2:Untying the Criminal Question's Gordian Knot: Prospects for a (post)colonial or (de)colonial criminology, John Moore

3:The Weight of Empire: Crime, Violence, and Social Control in Latin America - and the promise of Southern Criminology, Manuel Iturralde

4:From Genocidal Imperialist Despotism to Genocidal Neocolonial Dictatorship: Decolonising criminology and criminal justice with indigenous models of democratisation, Biko Agozino

Part 2: Contextualising the Criminal Question

5:The Postcolonial Condition of Policing? Exploring Policing and Social Movements in Pakistan and Nigeria

Zoha Waseem

6:Extrajudicial Punishment and the Criminal Question: The case of postcolonial South Africa, Gail Super

7:Carceral Cultures in Contemporary India

Mahuya Bandyopadhyay

Part 3: Locating Colonial Duress

8:"Muslims have no borders, only horizons": A genealogy of border criminality in Algeria and France 1844-present

Sarah Ghabrial

9:The Coloniality of Justice: Naturalised divisions during pre-trial hearings in Brazil

Omar Phoenix Khan

10:Contextualising Racialised Exclusion in Criminalisation in Postcolonial Israel: Policing of Israeli Ethiopian citizens and detention of Sudanese and Eritrean asylum seekers

Maayan Ravid

11:Coloniality and Structural Violence in the Criminalisation of Black and Indigenous Populations in Brazil

Hugo Leonardo Rodrigues Santos

Part 4: Mapping Global Connections

12:Emancipatory Pathways or Postcolonial Pitfalls? Navigating global policing mobilities through the atlantic archipelago of Cape Verde

Conor O'Reilly

13:"Nothing is Lost, Everything is ... Transferred": Transnational institutionalisation and ideological legitimation of torture as a postcolonial state crime

Melanie Collard

14:The Legacy of Colonial Patriarchy in the Current Administration of the Malaysian Death Penalty: The hyper-sentencing of foreign national women to death for drug trafficking

Lucy Harry

Part 5: Moving Forward: New Methods and Approaches

15:Criminal Questions, Colonial Hinterlands, Personal Experience: A symptomatic reading

Rod Earle, Alpa Parmar, and Coretta Phillips

16:Ayllu and Mestizaje: A decolonial feminist view of women's imprisonment in Peru, Lucia Bracco Bruce

17:An Alternative Spotlight: Colonial legacies, therapeutic jurisprudence and the enigma of healing

Amanda Wilson

18:In Our Experience: Recognising and challenging cognitive imperialism

Kwan-Lamar Blount-Hill and Ahmed Ajil

Conclusion: Teasing Out the Criminal Question, Building a Decolonising Horizon

Ana Aliverti, Henrique Carvalho, Anastasia Chamberlen, and Máximo Sozzo