Cheap on Crime: Recession‐Era Politics and the Transformation of American Punishment. By Hadar Aviram. Oakland, CA: University of California Press, 2015. 272 pp. $29.95 paper.
DOI | http://doi.org/10.1111/lasr.12175 |
Published date | 01 December 2015 |
Date | 01 December 2015 |
disparities—but the peculiar ways those vices have married our cul-
tural virtues in the criminal justice realm—equality, individualism,
and mistrust of government.
The book’s penultimate chapter is perhaps its most important
one for Law & Society readers. Interdisciplinary studies of law are all
too often associatedwith bringing social and psychological realism to
the understanding of legal processes and, thus, understanding how
the promise of equality and fairness in the law’s majestic documents
so often fails to be delivered on the street. Yet as much as we need to
highlight those multiple sources of bias (implicit and explicit), the
great evils ofAmerica’s criminal justicesystem are profoundly onesof
law itself, intended and carried with deliberation and efficiency by a
vast army of state functionaries. Ferguson points to the significance
not only of our laws but also of our strong version of legalpositivism,
that is, our strongcultural investment in the idea oflegality as a suffi-
cient basis for legal legitimacy without regard to moral or political
dimensions,in enabling the active complicityof so many thousands of
professionalsin carrying out cruelty onsuch a massive scale.
Although Ferguson’s personal narrator voice and the literary
nature of his references make this book quite different from almost
anything else published on the problem of contemporary American
punishment, his conclusions are highly consistent with the growing
view that holds mass incarceration to be a moral catastrophe for
American law and society on par with our most disgraced institu-
tions. That recognition is opening the possibility for a new conver-
sation about crime and justice in America. Ferguson’s direct and
eloquent language and his relentless moral framework will be cru-
cial to advancing that conversation beyond the bromides of criminal
justice reform.
Reference
Brown v.Plata, 563 U.S. 93 (2011).
***
Cheap on Crime: Recession-Era Politics and the Transformation of
American Punishment. By Hadar Aviram. Oakland, CA: University
of California Press, 2015. 272 pp. $29.95 paper.
Reviewed by Christine S. Scott-Hayward, School of Criminology,
Criminal Justice, and Emergency Management, California State
University, Long Beach
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