The symbiotic tensions of the regulatory-carceral state: The case of cannabis legalization

• 成果类型: Article
• 署名作者: Aaronson, Ely; Rothschild-Elyassi, Gil
• 署名单位: University of Haifa; University of California System; University of California Berkeley
• 刊物名称: REGULATION & GOVERNANCE
• ISSN/ISSBN: 1748-5983
• DOI: 10.1111/rego.12394
• 发表日期: 2021
• 页码: S23-S39
• 关键词: CRIMINAL-LAW; marijuana; JUSTICE; TRANSFORMATION; SURVEILLANCE; penology; REFORM; ACTORS; racism; RACE

摘要

Recent scholarship has emphasized the need to develop a polymorphic conceptualization of the regulatory state. This article contributes to this theory-building project by outlining a research agenda for exploring the symbiotic interactions and tensions between the regulatory and carceral morphs of the state. Using the case study of cannabis legalization reforms in the United States, we argue that the legitimation deficits of the carceral state stimulate the proliferation of new regulatory frameworks for governing social problems that were traditionally handled by the criminal justice system. We demonstrate how the polymorphic approach illuminates the ways in which the regulatory and carceral morphs of the state compete for influence over shared policy domains, but also complement and reinforce one another. Thus, rather than precipitating the demise of the carceral state, cannabis legalization reforms sustain a bifurcated governance structure perpetuating long-standing patterns of using drug law as a means for racialized social control.