Abstract

http://ssrn.com/abstract=2123744
 


 



Correcting Race and Gender: Prison Regulation of Social Hierarchy Through Dress


Gabriel Arkles


Northeastern University - School of Law

September 2012

New York University Law Review, Vol. 87, 2012
NYU School of Law, Public Law Research Paper No. 12-49

Abstract:     
This Article examines the enforcement of racialized gender norms through the regulation of dress in prisons. Dress, including hair and clothing, is central to the ways government and other institutions enforce hierarchical social norms based on the intersection of race and gender, as well as religion, sexuality, class, age, and disability. For many people, dress is a way to express identity, exercise autonomy, practice religion, participate politically, experience pleasure, preserve health, and/or avoid violence. My review of prison dress regulations shows that prison systems commonly impose penalties including solitary confinement for deviations from dominant social norms, such as wearing hair in an Afro, covering hair with a headscarf, or having long hair if incarcerated as a man. I situate prison rules in the historical context of dress regulation and prison evolution in the United States. The justifications that prison officials offer for these rules, including repression of homosexuality and group affiliation, prevention of attacks and escapes, and promotion of hygiene and rehabilitation, raise normative and instrumental concerns. Nonetheless, courts frequently diminish individual and community interests in dress while deferring to prison regulations that lack a complete or credible justification. I propose an integrated approach to change through policy amendments, doctrinal shifts, and broader grassroots efforts for social transformation consistent with a goal of prison abolition.

Number of Pages in PDF File: 96

Keywords: prison, gender, race, hair, clothing, regulation, criminal, law

Accepted Paper Series


Download This Paper

Date posted: August 4, 2012 ; Last revised: October 10, 2012

Suggested Citation

Arkles, Gabriel, Correcting Race and Gender: Prison Regulation of Social Hierarchy Through Dress (September 2012). New York University Law Review, Vol. 87, 2012; NYU School of Law, Public Law Research Paper No. 12-49. Available at SSRN: http://ssrn.com/abstract=2123744

Contact Information

Gabriel Arkles (Contact Author)
Northeastern University - School of Law ( email )
400 Huntington Ave.
Boston, MA 02115
United States
Feedback to SSRN


Paper statistics
Abstract Views: 986
Downloads: 171
Download Rank: 100,698
People who downloaded this paper also downloaded:
1. Is There a Reason to Keep Promises?
By Joseph Raz

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.328 seconds