Disability, Criminal Justice, and Abolition: Recognizing and Remedying Law’s Violence
DOI:
https://doi.org/10.22024/UniKent/03/fal.1182Abstract
In this short essay, I explore how Liat Ben-Moshe’s Decarcerating Disability: Deinstitutionalization and Prison Abolition and Linda Steele’s Disability, Criminal Justice and Law: Reconsidering Court Diversion provide helpful analytical frameworks for legal practitioners, students, and scholars committed to responding to law’s role in producing and legitimating violence against historically marginalized groups, and in particular disabled people. This essay surfaces three key insights that Ben-Moshe and Steele provide legal scholars, practitioners, and students: the importance of the intersectional method, critical analysis on how law is complicit in ongoing forms of disability-based subordination, particularly within the criminal legal system, and the imperative of the abolitionist ethic as a necessary response to redressing forms of state violence, including in particular, legally sanctioned harms to disabled people.
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