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Exceptional America: what divides Americans from the world and from each other
"Why does a country built on the concept of liberty have the highest incarceration rate in the world? How could the first Western nation to elect a person of color as its leader suffer from institutional racism? How does Christian fundamentalism coexist with gay marriage in the American imagination? In essence, what makes the United States exceptional? In this provocative exploration of American exceptionalism, Mugambi Jouet explores why Americans are far more divided than other Westerners over basic issues--including wealth inequality, health care, climate change, evolution, the literal truth of the Bible, abortion, gay rights, gun control, mass incarceration, and war. Drawing inspiration from Alexis de Tocqueville, Jouet, raised in Paris by a French mother and a Kenyan father, wields his multicultural sensibility to parse the ways in which the intense polarization of U.S. conservatives and liberals has become a key dimension of American exceptionalism--an idea widely misunderstood to mean American superiority. Instead, Jouet contends that exceptionalism, once a source of strength, may now spell decline, as unique features of U.S. history, politics, law, culture, religion, and race relations foster grave conflicts and injustices. This book offers a brilliant dissection of the American soul, in all of its outsize, clashing, and striking manifestations"--Provided by publisher
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Humanity, Race, and Indigeneity in Criminal Sentencing: Social Change in America, Canada, Europe, Australia, and New Zealand
In: New York University Review of Law & Social Change, Forthcoming
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A History of Post-Roe America and Canada: From Intertwined Abortion Battles to Dobbs
In: Michigan Journal of Gender & Law, Forthcoming
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A Lost Chapter in Death Penalty History: Furman v. Georgia, Albert Camus, and the Normative Challenge to Capital Punishment
In: American Journal of Criminal Law 49: 119-77 (2022)
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Guns, Mass Incarceration, and Bipartisan Reform: Beyond Vicious Circle and Social Polarization
In: Arizona State Law Journal 55(1): 239-89 (2023).
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Foucault, Prison, and Human Rights: A Dialectic of Theory and Criminal Justice Reform
In: Theoretical Criminology 26(2): 202–23 (2022), https://doi.org/10.1177/13624806211015968.
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Revolutionary Criminal Punishments: Treason, Mercy, and the American Revolution
In: American Journal of Legal History 61(2): 139–76 (2021), https://doi.org/10.1093/ajlh/njab001.
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Working paper
The Day Canada Said No to the Death Penalty in the United States: Innocence, Dignity, and the Evolution of Abolitionism
In: UBC Law Review (2022 Forthcoming)
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Juveniles Are Not So Different: The Punishment of Juveniles and Adults at the Crossroads
In: Federal Sentencing Reporter 33(4): 278-84 (2021)
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Working paper
Death Penalty Abolitionism From the Enlightenment to Modernity
In: American Journal of Comparative Law (2023), https://doi.org/10.1093/ajcl/avad011.
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Working paper
Guns, identity, and nationhood
In: Palgrave communications, Band 5, Heft 1
ISSN: 2055-1045
AbstractThe article provides a theoretical perspective on the symbolic meaning of the right to bear arms in modern America, especially among its conservative movement. Neglecting this issue, scholarship on gun symbolism has commonly focused on guns possessed by offenders in inner-cities, such as juveniles or gang members. Offering a multidisciplinary and comparative outlook, the article explains how guns have become symbols of a worldview under which armed patriots must stand ready to defend America from "tyranny," "big government," "socialism," and other existential threats. In particular, the U.S. conservative movement does not merely perceive the right to bear arms as a means of self-defense against criminals, but as a safeguard against an oppressive government that "patriots" may have to overthrow by force. The article examines the hypothesis that guns foster a sense of belonging in this conception of nationhood. This worldview is not solely limited to politicians, elites, or activists, as it can encompass rank-and-file conservatives. Group identification can rest on sharing radical beliefs that enhance cohesion, including rallying against perceived threats. This mindset helps explain resistance to elementary reforms to regulate firearms. If one believes that an unbridled right to bear arms is not only key to protecting the United States, but also key to what it means to be an American, concessions on gun control become difficult to envision. While conservatives in other Western democracies tend to support significant gun control, a key dimension of American exceptionalism is the relative normalization of a conservative identity in which firearms have acquired a peculiar symbolic value.
Mass Incarceration Paradigm Shift?: Convergence in an Age of Divergence
In: Journal of Criminal Law and Criminology 109(4): 703-68 (2019).
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