Syllabus: Race, Violence & the Law, Spring 2017.pdf

LJC 4500X: Race, Violence & the Law Ohio University, Spring 2017 Bentley Hall 210 Wednesdays 6:05 – 8:50 PM Instructor: Professor Kirstine Taylor Email: [email protected] Office: Bentley Annex 203 Office hours: Mondays 2:00 – 4:00 and by appointment Course Description & Objectives This course investigates the relationship between race, violence and law in the American context. Law is often understood to derive its legitimacy from its opposition to violence. But paradoxically, the enforcement of law is often bound to state violence, both threatened and enacted. In this course, we will consider a number of questions related to this paradox in the context of race in the United States: When and how might law create, sustain, or institutionalize violence against people of color? Alternatively, what role has law played in organized movements to suppress race-based violence? How have appeals to law supplied tools of recourse, resistance, political struggle, and freedom? What roles do gender and sexuality play in negotiating the boundaries of violence and law? Drawing from black political thought, legal theory, social science, and case law, this course considers the relationship between violence and law in three historical contexts relating to black Americans: slavery and abolition, Jim Crow and civil rights, and the rise of mass incarceration in the twentieth century. Course Objectives: 1. To develop a robust and critical knowledge of political and legal theory regarding relationships of race, violence, and law in the United States. 2. To develop an appreciation for how African American political thought informs the study of contemporary politics, problems, and issues regarding race, violence, and law. 3. To hone personal skills in spoken deliberation and analytical argumentation. 4. To produce a strongly analytical and creative research project, thus developing skills for research-length writing. 5. To practice applying critical thinking to ones’ own political lives and commitments. Required Texts Frederick Douglass, NARRATIVE OF THE LIFE OF FREDERICK DOUGLASS, AN AMERICAN SLAVE Frederick Douglass, Robert S. Levine, John Staufer, and John R. McKivigan, THE HEROIC SLAVE: CULTURAL AND CRITICAL EDITION (New Haven: Yale University Press, 2015) Naomi Murakawa, THE FIRST CIVIL RIGHT: HOW LIBERALS BUILT PRISON AMERICA (Oxford University Press, 2014) 1 All other course materials (including recommended readings) can be found on the course’s Blackboard website. Requirements and Assessment Assessment will take the form of class participation, student leadership, and one of two options: either three essays (‘Option A,’ five double-spaced pages each) or one long research essay (‘Option B,’ 12 to 15 double-spaced pages). The weighting of the assessment is as follows: Option A: three essays Attendance & participation: 20% Student presentations: 20% Essay 1: 20% Essay 2: 20% Essay 3: 20% Option B: research essay Attendance & participation: 20% Student presentations: 20% Prospectus: 10% Research Essay: 50% Regular attendance and thoughtful and sustained class participation are required. This is a discussion-based course. Students are expected to complete the assigned readings before class, to arrive on time and prepared for a class discussion, and to interact respectfully with their fellow students and instructor. Please note that I am interested in the quality rather than simply the quantity of your contributions. Effective participation means not only speaking but also actively listening, asking questions, and participating effectively in group work. There are many ways to participate in the course, and how a student effectively participates may vary from his or her peers. The assessment of your participation includes your performance in: (a) demonstration of careful reading (b) quality of in-class analytical thinking (c) quality of questions/challenges raised in class discussion (d) thoughtful and respectful interaction in the classroom (e) performance on any in-class group work, quick writes, quizzes, etc. Participation in Student Presentations is required. Students will give two presentations during the quarter – usually with another student – to last approximately 10-15 minutes, on the reading(s) for the assigned day. Presentations cannot be on consecutive readings must include a critical summary of the day’s material and at least one discussion question/topic. Students may make use of images, video, and other media during their presentations. Student presenters will also serve as ‘experts’ on the day’s material, and will be encouraged to direct discussion during the class session. The three essays option (Option A) will test reading comprehension, analytical writing, and ability to construct a persuasive argument using the texts we will have read in class. I will circulate prompts with more detailed instructions and guidelines at least two weeks before the deadline. 2 The research essay option (Option B) requires that students design for themselves the specific question and argument pursued in one long essay. Topics are up to the student, but must be on topics related to the course material. This option includes a prospectus, or written plan, of your self-designed essay, specific directions for which I will circulate as the deadline approaches. Option B is especially recommended for students who wish to hone argumentative and writing skills in preparation for senior thesis, or who wish to pursue a topic/theorist they are passionate about in depth. For either option, I strongly encourage you to meet with me in office hours to discuss any ideas, questions, or problems you encounter as you write. For both options, outside material is not necessary or, in most cases, encouraged. Course Schedule * = reading available on Blackboard January 11: Introductions; no assigned readings I. SLAVERY, VIOLENCE, AND THE LAW January 18: Slavery’s Law, Slavery’s Violence Read: Frederick Douglass, Narrative of the Life of Frederick Douglass, An American Slave January 25: Slavery, Abolition, and the Constitution Read: William Lloyd Garrison, “On the Constitution and the Union” (1832)* Wendell Phillips, “The Constitution, a Pro-Slavery Compact,” selected pages (1845)* Frederick Douglass, “What to the Slave is the Fourth of July?” (1852)* Charles Mills, “Whose Fourth of July?”* February 1: Black Uprising Read: Frederick Douglass, “The Heroic Slave” (1853) in The Heroic Slave: A Critical and Cultural Edition (pp. 3-51) Read: The Heroic Slave, Part 2, “Contemporary Responses to the Creole Rebellion, 1841-1843” (pp. 57-109) February 8: Anti-Slavery Violence Background reading: Paul Finkelman, “John Brown and His Raid” (1995)* Read: David Walker, selection from Appeal to the Colored Citizens of the World (1829)* Garrison, “John Brown and the Principle of Nonresistance” (1859)* Henry David Thoreau, “A Plea for Captain John Brown” (1860)* W.E.B. Du Bois, “The Niagara Movement” (1905)* Lawrie Balfour, “Resurrecting John Brown” (2011)* 3 Option A: Essay 1 due Sunday, February 12th II. JIM CROW, VIOLENCE, AND THE LAW February 15: Lynch Law, the Constitution, and Civil Rights Read: Ida B. Wells, “Lynch Law” (1893)* Daniel Kato, “Constitutionalizing Anarchy: Lynching, Liberalism, and the Law” (2012)* Megan Ming Francis, “The Battle for the Hearts and Minds of America” (2011)* February 22: White Violence and Jim Crow Law Watch: To Kill a Mockingbird (1962) March 1: Sexual Violence, Gender, and the Black Freedom Movement Read: Danielle McGuire, “‘It Was Like All of Us Have Been Raped’: Sexual Violence, Community Mobilization, and the Black Freedom Struggle” (2004)* March 8: Spring break; no class and no assigned readings March 15: Nonviolence and Black Nationalism Read: Bayard Rustin, “Nonviolence vs. Jim Crow” (1942)* James Baldwin, “Notes of a Native Son” (1955)* Martin Luther King, Jr., “Letter from Birmingham Jail” (1963)* Malcolm X, “The Ballot or the Bullet” (1964)* Option A: Essay 2 due Sunday, March 19th Option B: Research prospectus due March 19th III. RACE, VIOLENCE, AND THE CARCERAL STATE March 22: Origins of the Carceral State Read: Vesla Weaver, “Frontlash: Race and the Development of Punitive Crime Control” (2007)* Read: Naomi Murakawa, The First Civil Right: How Liberals Built Prison America (2014), Chapter 1 4 March 29: The Development of the Carceral State Read: Murakawa, The First Civil Right, Chapters 3-5 April 5: Police, Law, and Violence Background reading: Kathleen Sullivan, “Charleston, the Vesey Conspiracy, and the Development of Police Power” (2008)* Read: Kimberlé Crenshaw and Gary Peller, “Reel Time / Real Justice” (1993)* Frank Wilderson III, “‘We’re Trying to Destroy the World’: AntiBlackness and Police Violence After Ferguson” (2014)* April 12: Reading day; no class and no assigned readings April 19: Juries and the Death Penalty Read: Timothy Kaufman-Osborn, “Capital Punishment as Legal Lynching?” Familiarize yourself with the following cases: Furman v. GA (1972), links available on Blackboard Gregg v. GA (1976), links available on Blackboard Option A: Essay 3 due April 24th Option B: Research Essay due April 24th Grading Policies Attendance: Regular attendance is mandatory, and is an important element of your participation grade. Because this course meets only once a week, it is imperative that each student attend every session. Students missing class because of illness, family emergencies, or logistical emergencies should contact me immediately concerning your situation, and are responsible for catching up on any material missed in class. For this, I recommend getting notes from a classmate and/or attending office hours. Essay assessment guide: Written work in the A (3.67-4.0) range is characterized by a strikingly perceptive, persuasive, and creative analytical claim; comprehensive synthesis and analysis of the course material; straightforward yet sophisticated organization of thoughts and error-free prose. Written work in the B (2.67-3.33) range is characterized by sound, original, and reasonably thoughtful argument/thesis statement; competent analysis of various course material, logical organization; and clear and error-free prose. Written work in the C (1.27-2.33) range is characterized by a relatively underdeveloped, simplistic, or derivative arguments; partial, inconsistent, or faulty analysis of course material; convoluted organization; and awkward, imprecise, or otherwise distracting prose. Written work in the D (0.67-1.33) range is characterized by incoherent or extremely confusing argument; superficial or fleeting engagement with the course 5 material; chaotic or irrational organization; and error-riddled prose. Written work that lacks any argument or analysis and is incorrect and/or sloppy, earns an F (0.0). Late Policy. Uncompleted or missing papers will receive a grade of 0.0. Late assignments will be docked one letter grade per day. For instance, B+ paper, if turned in past the deadline, will become a B, if turned in one full day late, will receive a B-, and so on. Exceptions will be made given prompt and (if necessary) documented consultation with the instructor. For full consideration, make sure to correspond with me via email prior to a late submission rather than afterwards. Exceptions to the late policy include: family emergencies, health and wellness issues, and logistical emergencies. Grade Complaints. Grade complaints will take place on an individual basis in direct consultation with the student. The grade complaint process requires that the student write a short memo outlining the reasons for reassessment, i.e. places where s/he deserves more points. In cases of instructor error (i.e. miscalculation of points), a grade complaint memo is not necessary. Grade complaints must be received within two weeks of receiving marks on the assignment, exam, or paper. Academic Misconduct Policy. Plagiarism (turning in work that is not yours, in part or in whole) and cheating (copying another student’s exam, etc.) are severe offenses, and will result in a grade of 0.0 for the assignment or exam in question. Such cases will additionally be reported to the University Judiciaries in the Office of Community Standards, and may result in additional disciplinary action. Students seeking to appeal a plagiarism or cheating case may do so through this office. Please note that this course uses plagiarism detection software on all written work. For examples of academic dishonesty, see http://www.ohio.edu/communitystandards/academic/students.cfm. Violations of academic honesty are A1 violations of the Ohio University Code of Student Conduct (see http://www.ohio.edu/community standards/code/codeA.cfm for the code and related policies) and are subject to the maximum penalty of suspension or expulsion from the university. Students are responsible for informing themselves about the code before performing any academic work. Academic Misconduct definitions and procedures. Academic misconduct is defined by Ohio University as “Dishonesty or deception in fulfilling academic requirements. It includes, but is not limited to: cheating, plagiarism, un-permitted collaboration, forged attendance (when attendance is required), fabrication (e.g., use of invented information or falsification of research or other findings), using advantages not approved by the instructor (e.g., unauthorized review of a copy of an exam ahead of time), knowingly permitting another student to plagiarize or cheat from one's work, or submitting the same assignment in different courses without consent of the instructor.” Plagiarism includes representing someone else’s words, ideas, or other expressions as one's own. This means that failing to use appropriate citations and references for directly quoted or paraphrased material or failing to include quotation marks for verbatim material are serious violations of academic honesty and could result in a student failing the course as well as being expelled from the University. 6 Other Policies Office hours. I encourage you to attend office hours. There may be weeks that I hold office hours on a different day due to conference travel or conflict with departmental business. I will announce these changes on Blackboard and in class as these dates approach. Communication. It is important that your check your Ohio University email regularly, as I may send out vital course information via email throughout the quarter. Students are welcome to contact me via email for logistical inquiries (such as making appointments). Please use your university (not personal) email account for such correspondence. Substantive questions and communications are very much encouraged but will be reserved for office hours and in-person meetings. Technology in the classroom. Turn phones to ‘silent’ or ‘vibrate’ while in class. Use of phones, computers, and the internet on any device is prohibited during class hours unless it is part of an assigned activity or discussion. Respect in the Classroom. Every student is expected to treat fellow classmates and the course instructor with a spirit of active and mutual respect. This is especially important because parts of this course are designed to challenge deeply held assumptions about the political world. I invite students to approach course material with a sense of openness and risk – that is, to let material, themes, concepts, and questions we raise in class to challenge your sense of reality and, at the same time submit what you read and discuss in class to thoughtful skepticism and critique. Classroom comportment on gender, pronouns, and names. As a general rule, academic scholarship now uses gender-neutral pronouns to refer generally, such as “people” instead of “men” and “humankind” instead of “mankind.” Unless dealing with texts using specifically gendered pronouns, you are expected to conform to this standard of gender inclusivity, and not fall back on “he”/“him” out of habit. In interacting with your fellow classmates in the classroom, you are expected to use the pronoun and name that each person prefers, regardless of whether this preference conforms to any assumption made about their gender, nationality, or name. Religious Holidays. If you wish to observe a religious holiday that is not recognized by the University calendar, please let us know in advance, so that we may accommodate your absence from class. Student Disability. If you anticipate needing any type of accommodation based on the impact of a disability, please contact the Office of Student Accessibility Services. You can reach them by phone at (740) 593-2620, by email at [email protected], or contact them in person at of the Baker Suite 348. You are not required to discuss any special needs or required accommodations with me personally, but I am happy to discuss these accommodations and I will do my best to make arrangements; however, I can only do so after proper documentation has been provided to me by Student Accessibility Services. 7