Non-reformist reform

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Non-reformist reform, also referred to as abolitionist reform, [1] anti-capitalist reform, [2] [3] [4] revolutionary reform, [5] [6] structural reform [7] [8] [9] and transformative reform, [10] [11] is a reform that "is conceived, not in terms of what is possible within the framework of a given system and administration, but in view of what should be made possible in terms of human needs and demands". On the other hand, reformist reforms essentially maintain the status quo and do not threaten the existing structure. [12] These have been described as reforms that rationalize or "fine-tune the status quo" by implementing modifications "from the top down", but that fail to address root causes of the issue. [7] As described by philosopher André Gorz, who coined the term non-reformist reform, non-reformist reforms in a capitalist system are anti-capitalist reforms, or reforms that do not base their validity and their right to exist "on capitalist needs, criteria, and rationale", but rather on human ones. [2]

Contents

Non-reformist reforms have been identified as reforms that "challenge existing power relations and pave the way for more revolutionary changes in the larger society necessary for a more socially just and environmentally sustainable world", [13] those that create and recreate "the capacity to cumulatively transform the existing system" [14] [9] and those that abolish and undermine the very foundations of the existing structure. [1] [15] Scholars identify that for this to truly be possible, these reforms cannot "be taken for the poor or the racialized" under the assumption that "those deemed poor or racialized are not able to take action themselves". In other words, the marginalized cannot be "passive agents" in the process, but must be transformative subjects who "are active in reordering social relationships, diagnosing social inequalities, and mobilizing for a better way of socially organizing the world". [16]

Challenges

Creating non-reformist reforms is often cited as difficult. [13] [17] One challenge to creating non-reformist reform is the co-option, incorporation and de-politicization, or mainstreaming, of the demands of social movements. [18] [19] Lawyer and activist Dean Spade identifies mainstreaming as "when a very oppressive harmful institution tries to use an emptied-out version of [for example] queer politics as a PR stunt for itself, but queer people don't get anything out of it". Spade states that mainstreaming can be identified when "new forms of visibility" for the social justice issue in question become visible, but only under a form of "conditional acceptance" or respectability to the dominant system. Mainstreaming results in the "deployment of 'deserving' figures" in which a select group of people who the social justice issue pertains to become cast as "hardworking", "professionals", or "things that are tolerable" to the dominant system while others are simultaneously cast as "undeserving" and are excluded. Mainstreaming then produces reformist reform or recuperative reform proposals that reinforce or recuperate harmful institutions while the harm and violence actually continues. [20] Janet Newman states that "women's claims for equality [in the new social movements of the 1960s and 1970s] had been incorporated through processes of 'mainstreaming' that have served to bureaucratize and depoliticize feminism". [18]

Another challenge to creating non-reformist reform is the difficulty to avoid expanding the system one is attempting to reform. An attempt to implement a non-reformist reform may become reformist in its implementation, for "some factors leading to the growth of the prison industry were the direct result of attempts to reform the system", as described by scholar Liat Ben-Moshe. In many instances, public and activist efforts to change the conditions inherent to the prison system eventually resulted in the expansion of the prison system. Marie Gottschalk cites three examples to illustrate how this occurs in relation to the prison system: (1) "opposition to the death penalty brought forth life sentences without parole, and helped strengthen the deterrence argument in crime control discourse, (2) LGBT activists fighting against homophobic and transphobic violence helped in creating hate crime legislation that incarcerated people for longer time frames, and (3) Moms against Gun Violence ushered in gun control measures that also increased the net effect of the penal system, including surveillance measures on communities of color". In consideration of this phenomenon, Ben-Moshe identifies that the perpetuation of this problem may reside in activists "not reaching far enough, not engaging enough in coalitional and revolutionary politics that will address the root causes of harm" and may also be unknowingly perpetuated by those who have internalized "the state in their actions and interactions". [21]

Criteria for identification

In consideration of the challenges to creating non-reformist reform that scholars identify, activists have established criteria for identifying when a reform may be reformist or non-reformist. Notable activists and organizations who have established criteria include Dean Spade, Peter Gelderloos, Harsha Walia, Critical Resistance and Mariame Kaba, who propose the following criteria respectively: [1] [20] [22] [23]

Dean Spade
Peter Gelderloos
Harsha Walia
Critical Resistance
Marbre Stahly-Butts
Mariame Kaba, in regard to police reform

Reformist reform examples

Police body cameras have been identified as a reformist reform by scholars because they have expanded the power of the carceral state while failing to address the root issue of police brutality in the United States. Police body cam.png
Police body cameras have been identified as a reformist reform by scholars because they have expanded the power of the carceral state while failing to address the root issue of police brutality in the United States.

Hate crime laws have been identified as an example of reformist reform because they add "punishing power" to institutions, often by including "more money for local law enforcement" and sometimes including "different types of data gathering" measures, as stated by lawyer and activist Dean Spade. While on the surface they may appear beneficial, Spade argues that for trans people arguing for more hate crime laws actually works to "produce the idea that police punishment systems are there to protect trans people, when in reality the largest source of violence for trans people, is those very systems". As Spade states, it allows "the criminal punishment system to be able to say: 'we're here to protect trans people.' Meanwhile, it continues to be a thing that kills trans people". [20]

Anti-bullying legislation has been identified by scholars and activists as a reformist reform by enhancing the power "of school punishment programs to target students of color". The argument is that they have not reduced or made school environments safer, but rather have functioned as a punitive framework for students and youth. [20]

The criminalization of domestic violence has been identified as an example of reformist reform. The demands of a feminist social movement to name domestic violence as violence were taken by the criminal punishment system which funded efforts to combat domestic violence through "enhancing punishment for people who do it". This racially divided the feminist movement as white feminists became more likely to support law enforcement and the criminal justice system while women of color feminists and Indigenous feminists asserted that this system would not protect them or their communities, for "[w]e don't feel comfortable calling the cops, the cops will come and they'll deport us, they'll arrest all of us". This led to the development of what has been termed carceral feminism in which the criminal justice system was able to present itself as protecting women. Dean Spade identifies that "sexual violence happens at the hands of the police inside the correctional system, perhaps more than anywhere else" and criminalization has not addressed the root cause of domestic violence. [20]

Police body cameras and police dashboard cameras have been identified as reformist reforms that strengthened the power of the carceral state. [24] [11] Scientist Ardea Skybreak argues that body cameras have been identified as reformist because they "tinker with the system" rather than address that police brutality is "deeply rooted in the fabric of this system, in its very foundation, which has everything to do with the white supremacist origins of this particular society in the United States [...] that requires that certain sections of society be kept down and oppressed". [25]

Civilian review boards have been identified as a reformist reform because they have not fundamentally altered the outcomes of policing despite being implemented in some locations since the 1960s. [25] Scholar Suleiman Osman identifies how these civilian police oversight agencies were widely supported by reformists who "were confident that they could allay the fears of white ethnic voters by organizing town hall meetings and open debates", but instead were met with opposition from "a populist conservative insurgency". [26]

Policies and rights frameworks regarding sexual orientation and gender identity in military service have been identified as reformist reforms that gained popularity among reformist sectors of the gay and lesbian community since the election of Bill Clinton in 1992. Harm and violence to gay and lesbian people within the military has been recognized as pervasive. At the same time, as described by scholar Nicola Field, "the discipline of capitalist military forces means that even if they allow lesbians and gays to serve, they cannot suddenly become a force for freedom, equality, and liberation". [27]

Gay marriage laws have been identified as an example of a reformist reform because it "leaves intact institutions of state violence by 'rejecting those objectives and demands—however deep the need for them—which are incompatible with the system". Although gay marriage has been recognized as providing important rights and protections to gay people, "it does not contest the violences imposed by institutionalized heteropatriarchy, including the police killings of transgender women of color". In other words, gay marriage laws have been identified as reformist reforms because they do not strive to eradicate the institutionalization of marriage law itself which perpetuates cisheteropatriarchal violence, but rather extends it. [28]

Non-reformist reform examples

The prison abolition movement and empowering of communities to engage in restorative practices function as an example of non-reformist reform by activists such as Mariame Kaba. Kaba states that non-reformist reform in this regard would mean the creation of a new structure that "will allow people to feel safe, have their needs met, on our way to an abolitionist end". [24]

Degrowth has been proposed as an example of a non-reformist approach to transforming capitalist society. Petridis, Muraca and Kallis identify that the gradual implementation of "environmental policies (resource and CO2 caps, extraction limits), social policies (basic income, maximum income, social security guarantees, reduced working hours), and economic proposals (social enterprises and cooperative firms, ethical banks, environmental taxation)" as well as more transformative proposals such as "the restriction on advertisement and the creation of commerce-free zones" are non-reformist steps to transferring from capitalist society to a degrowth society. [6]

Individual and collectivist challenges to the hegemony of the private car have been proposed as examples of non-reformist reforms intended to create "a more socially just and environmentally sustainable world". Eliminating one's driving in favor of a bicycle is an example of a non-reformist approach on an individual level. Expanding public transportation services and restricting individual automobile use has been proposed as an example of a non-reformist reform on a collectivist level. [29]

In a hypothetical example, scholar Brian Martin states "a strike for higher wages might simply buy off discontent and solidify capitalist control: it is a reform that strengthens the system. In contrast, pushing for greater worker control over shop-floor decisions can lay the basis for further worker initiatives: it is an example of non-reformist reform". [17]

Related Research Articles

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<span class="mw-page-title-main">Criminal justice</span> Justice to those who have committed crimes

Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. The primary institutions of the criminal justice system are the police, prosecution and defense lawyers, the courts and the prisons system.

Transformative justice is a spectrum of social, economic, legal, and political practices and philosophies that aim to focus on the structures and underlying conditions that perpetuate harm and injustice. Taking up and expanding on the goals of restorative justice such as individual/community accountability, reparation, and non-retributive responses to harm, transformative justice imagines and puts into practice alternatives to the formal, state-based criminal justice system.

<span class="mw-page-title-main">Penology</span> Subfield of criminology

Penology is a subfield of criminology that deals with the philosophy and practice of various societies in their attempts to repress criminal activities, and satisfy public opinion via an appropriate treatment regime for persons convicted of criminal offences.

<span class="mw-page-title-main">Prison abolition movement in the United States</span> Movement to end incarceration

The prison abolition movement is a network of groups and activists that seek to reduce or eliminate prisons and the prison system, and replace them with systems of rehabilitation and education that do not focus on punishment and government institutionalization. The prison abolitionist movement is distinct from conventional prison reform, which is intended to improve conditions inside prisons.

<i>Discipline and Punish</i> 1975 book by Michel Foucault

Discipline and Punish: The Birth of the Prison is a 1975 book by French philosopher Michel Foucault. It is an analysis of the social and theoretical mechanisms behind the changes that occurred in Western penal systems during the modern age based on historical documents from France. Foucault argues that prison did not become the principal form of punishment just because of the humanitarian concerns of reformists. He traces the cultural shifts that led to the predominance of prison via the body and power. Prison is used by the "disciplines" – new technological powers that can also be found, according to Foucault, in places such as schools, hospitals, and military barracks.

<span class="mw-page-title-main">Critical Resistance</span> International organization working to dismantle the prison-industrial complex

Critical Resistance (CR) is a U.S. based organization with the stated goal of abolishing the prison-industrial complex (PIC). Critical Resistance's national office is in Oakland, California, with three additional chapters in New York City, Los Angeles, and Portland, Oregon. Despite claims of being an internationalist organization, CR has not led any abolitionist campaigns outside of the USA, though individual members have built relationships abroad (mostly in the West).

The Sylvia Rivera Law Project (SRLP) is a legal aid organization based in New York City at the Miss Major-Jay Toole Building for Social Justice that serves low-income or people of color who are transgender, intersex and/or gender non-conforming. The organization was formed in August 2002 by attorney and transgender civil rights activist, Dean Spade. The project was named for Sylvia Rivera, a transgender activist and veteran of the 1969 Stonewall Riots, who died the same year that SRLP was formed.

<span class="mw-page-title-main">Critical criminology</span> School of criminology

Critical criminology applies critical theory to criminology. Critical criminology examines the genesis of crime and the nature of justice in relation power, privilege, and social status. These include factors such as class, race, gender, and sexuality. Legal and penal systems are understood to reproduce and uphold systems of social inequality. Additionally, critical criminology works to uncover possible biases within traditional criminological research.

<span class="mw-page-title-main">LGBTQ rights in Afghanistan</span>

Lesbian, gay, bisexual, and transgender (LGBTQ) people in the Islamic Emirate of Afghanistan face severe challenges not experienced by non-LGBT residents. Afghan members of the LGBT community are forced to keep their gender identity and sexual orientation secret, in fear of violence and the death penalty. The religious nature of the country has limited any opportunity for public discussion, with any mention of homosexuality and related terms deemed taboo.

Rape crisis centers in the United States, usually capitalized as Rape Crisis Center and often abbreviated as RCC, are community-based organizations affiliated with the anti-rape movement in the U.S. Rape crisis centers in other countries offer similar services, but have different histories and vary in their organizational structure.

<span class="mw-page-title-main">LGBTQ rights in Somalia</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Somalia face severe challenges not experienced by non-LGBTQ residents. Consensual same-sex sexual activity is illegal for both men and women. In areas controlled by al-Shabab, and in Jubaland, capital punishment is imposed for such sexual activity. In other areas, where Sharia does not apply, the civil law code specifies prison sentences of up to three years as penalty. LGBTQ people are regularly prosecuted by the government and additionally face stigmatization among the broader population. Stigmatization and criminalisation of homosexuality in Somalia occur in a legal and cultural context where 99% of the population follow Islam as their religion, while the country has had an unstable government and has been subjected to a civil war for decades.

<span class="mw-page-title-main">LGBTQ rights in Senegal</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Senegal experience legal persecution. Senegal specifically outlaws same-sex sexual acts and, in the past, has prosecuted men accused of homosexuality. Members of the LGBTQ community face routine discrimination in Senegalese society.

<span class="mw-page-title-main">Police brutality in the United States</span> Use of excessive force by a police officer

Police brutality is the use of excessive or unwarranted force by law enforcement against civilians. Police brutality involves physical or psychological harm to a person and can involve beatings, killing, intimidation tactics, racist abuse, and torture.

<span class="mw-page-title-main">Alternatives to imprisonment</span> Types of punishment or treatment other than time in prison

The alternatives to imprisonment are types of punishment or treatment other than time in prison that can be given to a person who is convicted of committing a crime. Some of these are also known as alternative sanctions. Alternatives can take the form of fines, restorative justice, transformative justice or no punishment at all. Capital punishment, corporal punishment and electronic monitoring are also alternatives to imprisonment, but are not promoted by modern prison reform movements for decarceration due to them being carceral in nature.

Reformism is a political tendency advocating the reform of an existing system or institution – often a political or religious establishment – as opposed to its abolition and replacement via revolution.

Mariame Kaba is an American activist, grassroots organizer, and educator who advocates for the abolition of the prison industrial complex, including all police. She is the author of We Do This 'Til We Free Us (2021). The Mariame Kaba Papers are held by the Chicago Public Library Special Collections.

<span class="mw-page-title-main">Carceral feminism</span> Forms of feminism that advocate for increased prison sentences

Carceral feminism is a critical term for types of feminism that advocate for enhancing and increasing prison sentences that deal with feminist and gender issues. The term criticises the belief that harsher and longer prison sentences will help work towards solving these issues. The phrase "carceral feminism" was coined by Elizabeth Bernstein, a feminist sociologist, in her 2007 article, "The Sexual Politics of the 'New Abolitionism'". Examining the contemporary anti-trafficking movement in the United States, Bernstein introduced the term to describe a type of feminist activism which casts all forms of sexual labor as sex trafficking. She sees this as a retrograde step, suggesting it erodes the rights of women in the sex industry, and takes the focus off other important feminist issues, and expands the neoliberal agenda.

<span class="mw-page-title-main">Police abolition movement</span> Political movement in the United States

The police abolition movement is a political movement, mostly active in the United States, that advocates replacing policing with other systems of public safety. Police abolitionists believe that policing, as a system, is inherently flawed and cannot be reformed—a view that rejects the ideology of police reformists. While reformists seek to address the ways in which policing occurs, abolitionists seek to transform policing altogether through a process of disbanding, disempowering, and disarming the police. Abolitionists argue that the institution of policing is deeply rooted in a history of white supremacy and settler colonialism and that it is inseparable from a pre-existing racial capitalist order, and thus believe a reformist approach to policing will always fail.

<span class="mw-page-title-main">Defund the police</span> Slogan supporting reallocation of public safety funds away from policing

In the United States, "defund the police" is a slogan that supports reducing funds from police departments and reallocating them to non-policing forms of public safety and community support, such as social services, youth services, housing, education, healthcare and other community resources. Activists who use the phrase may do so with varying intentions; some seek modest reductions, while others argue for full divestment as a step toward the abolition of contemporary police services. Activists who support the defunding of police departments often argue that investing in community programs could provide a better crime deterrent for communities; funds would go toward addressing social issues, like poverty, homelessness, and mental disorders. Police abolitionists call for replacing existing police forces with other systems of public safety, like housing, employment, community health, education, and other programs.

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