Scholars have persuasively argued that U.S. penal and welfare institutions comprise a single policy regime that has taken a punitive turn with carceral expansion and welfare contraction. Less recognized, however, is the centrality of labor to this regime. Not only has labor been the lynchpin of welfare reform with the expansion of workfare, it has also been an important yet overlooked dimension of mass incarceration, as most able-bodied American prisoners are required to work. For prisoners and welfare recipients, work is a punitive curtailment of citizenship rights, even as it is a foundation of such rights for others. This article thus conceptualizes work as a form of punishment in the penal-welfare regime. Drawing on 83 in-depth interviews with incarcerated and workfare workers, it examines these workers’ penal subjectivities—how they ideologically navigate their labor qua punishment. Through this negotiation, it finds, incarcerated and workfare workers deploy, contest, and reify the cultural narratives that justify their relegation to punitive labor regimes.
ACF (2015) Characteristics and Financial Circumstances of TANF Recipients, 2013, Washington, DC: Administration for Children & Families.
2.
AlexanderM (2012) The New Jim Crow: Mass Incarceration in the Age of Colorblindness, New York: New Press.
3.
BeckettKMurakawaN (2012) Mapping the shadow of the carceral state: Toward an institutionally capacious approach to punishment. Theoretical Criminology16(2): 221–244.
4.
BeckettKWesternB (2001) Governing social marginality: Welfare, incarceration, and the transformation of state policy. Punishment & Society3(1): 43–59.
BloomBChesney-LindM (2000) Women in prison: Vengeful equity. In: GabelKJohnstonD (eds) Children of Incarcerated Parents, New York: Lexington Books, pp. 283–304.
7.
BosworthMCarrabineE (2001) Reassessing resistance: Race, gender and sexuality in prison. Punishment & Society3(4): 501–515.
8.
BrubakerR (1992) Citizenship and Nationhood in France and Germany, Cambridge: Harvard University Press.
9.
BurawoyM (1979) Manufacturing Consent: Changes in the Labor Process under Monopoly Capitalism, Chicago: University of Chicago Press.
10.
CollinsJLMayerV (2010) Both Hands Tied: Welfare Reform and the Race to the Bottom in the Low-Wage Labor Market, Chicago: University of Chicago Press.
11.
CreweB (2011) The Prisoner Society: Power, Adaptation, and Social Life in an English Prison, Oxford: Oxford University Press.
12.
DavisAY (2000) From the convict lease system to the super-max prison. In: JamesJ (ed.) States of Confinement: Policing, Detention, and Prison, New York: St. Martin’s Press, pp. 60–74.
13.
DOCCS (2013) Under Custody Report: Profile of Inmate Population Under Custody on January 1, 2013, Albany: Department of Corrections and Community Supervision.
14.
DOCCS (2014) An Inside Look at Corcraft, Albany: Department of Corrections and Community Supervision.
15.
EwickPSilbeySS (1998) The Common Place of Law: Stories from Everyday Life, Chicago: University of Chicago Press.
16.
FoucaultM (1977) Discipline and Punish: The Birth of the Prison, New York: Random House.
17.
FraserNGordonL (1994) A genealogy of “dependency”: Tracing a keyword of the U.S. welfare state. Signs19(2): 309–336.
18.
GarlandD (1990) Punishment and Modern Society: A Study in Social Theory, Chicago: University of Chicago Press.
19.
GarlandD (2002) The Culture of Control: Crime and Social Order in Contemporary Society, Chicago: University of Chicago Press.
20.
GilliomJ (2001) Overseers of the Poor: Surveillance, Resistance, and the Limits of Privacy, Chicago: University of Chicago Press.
21.
GlendonMA (1991) Rights Talk: The Impoverishment of Political Discourse, New York: Free Press.
22.
GoldbergCA (2007) Citizens and Paupers: Relief, Rights, and Race from the Freedmen’s Bureau to Workfare, Chicago: University of Chicago Press.
23.
GraboskyPN (1978) Theory and research on variations in penal severity. British Journal of Law and Society5(1): 103–114.
24.
GustafsonK (2011) Cheating Welfare: Public Assistance and the Criminalization of Poverty, New York: NYU Press.
25.
HaneyLA (2010) Working through mass incarceration: Gender and the politics of prison labor from east to west. Signs36(1): 73–97.
26.
Hannah-MoffatKLynchM (2012) Theorizing punishment’s boundaries: An introduction. Theoretical Criminology16(2): 119–121.
27.
Hatton E (2016) Between work and slavery: Coerced labor in contemporary America. Presentation at the annual meeting of the American Sociological Association, 21 August, Seattle, WA.
28.
JohnsonRMcGunigall-SmithS (2008) Life without parole, America’s other death penalty. The Prison Journal88(2): 328–346.
29.
Kessler-HarrisA (2001) In Pursuit of Equity: Women, Men, and the Quest for Economic Citizenship in 20th-Century America, New York: Oxford University Press.
30.
Kohler-HausmannJ (2015) Guns and butter: The welfare state, the carceral state, and the politics of exclusion in the postwar United States. Journal of American History102(1): 87–99.
31.
KrinskyJ (2007) Free Labor: Workfare and the Contested Language of Neoliberalism, Chicago: University of Chicago Press.
32.
LichtensteinA (1996) Twice the Work of Free Labor: The Political Economy of Convict Labor in the New South, New York: Verso.
33.
LynchM (2011) Theorizing punishment: Reflections on Wacquant’s Punishing the Poor. Critical Sociology37(2): 237–244.
34.
LynchM (2012) Theorizing the role of the ‘war on drugs’ in US punishment. Theoretical Criminology16(2): 175–199.
35.
MarshallTH (1964 [1949]) Class, Citizenship and Social Development, New York: Doubleday.
36.
MarxK (1992 [1906]) Capital: A Critique of Political Economy, Vol. I, New York: Penguin.
37.
Matter of Carver v. State of New York (2015) 26 N.Y. 3d 272.
38.
McCannMW (1994) Rights at Work: Pay Equity Reform and the Politics of Legal Mobilization, Chicago: University of Chicago Press.
39.
McDonaldCMarstonG (2005) Workfare as welfare: Governing unemployment in the advanced liberal state. Critical Social Policy25(3): 374–401.
40.
NeubeckKJCazenaveNA (2001) Welfare Racism: Playing the Race Card against America’s Poor, New York: Routledge.
OFA (2016) Work Participation Rates—Fiscal Year 2013, Washington, DC: Office of Family AssistanceAvailable at: http://www.acf.hhs.gov/ofa/resource/wpr2013 (accessed 11 June 2016).
43.
OshinskyDM (1997) Worse than Slavery: Parchman Farm and the Ordeal of Jim Crow Justice, New York: Free Press.
44.
OTDA (2015) Temporary and Disability Assistance Statistics, Albany, NY: Office of Temporary and Disability Assistance.
45.
PeckJ (2001) Workfare States, New York: Guilford.
46.
Phelps MS (2016) Mass probation: Toward a more robust theory of state variation in punishment. Punishment & Society 19(1): 53–73.
47.
PivenFFClowardR (1971) Regulating the Poor: The Functions of Public Welfare, New York: Pantheon.
48.
RosenbergGN (2009) Much ado about nothing? The emptiness of rights’ claims in the twenty-first century United States. Studies in Law, Politics, and Society48: 1–41.
49.
SalzingerL (2003) Genders in Production: Making Workers in Mexico’s Global Factories, Oakland: University of California Press.
50.
ScheingoldS (1974) The Politics of Rights: Lawyers, Public Policy and Political Change, New Haven: Yale University Press.
51.
SextonL (2015) Penal subjectivities: Developing a theoretical framework for penal consciousness. Punishment & Society17(1): 114–136.
52.
SilbeySS (2005) After legal consciousness. Annual Review of Law and Social Sciences1: 323–368.
53.
SossJFordingRCSchramSS (2011) Disciplining the Poor: Neoliberal Paternalism and the Persistent Power of Race, Chicago: University of Chicago Press.
54.
Stone v. McGowan (2004) 308 F. Supp. 2d 79.
55.
SykesGM (1958) The Society of Captives: A Study of a Maximum Security Prison, Princeton: Princeton University Press.
56.
WacquantL (2009) Punishing the Poor: The Neoliberal Government of Social Insecurity, Durham: Duke University Press.
57.
WakefieldSUggenC (2010) Incarceration and stratification. Annual Review of Sociology36: 387–406.
58.
WeberM (1958) The Protestant Work Ethic and the Spirit of Capitalism, New York: Charles Scribner’s Sons.
59.
WeeksK (2011) The Problem with Work: Feminism, Marxism, Antiwork Politics, and Postwork Imaginaries, Durham: Duke University Press.
60.
WesternB (2006) Punishment and Inequality in America, New York: Russell Sage.
61.
WesternBBeckettK (1999) How unregulated is the U.S. labor market? The penal system as a labor market institution. American Journal of Sociology104(4): 1030–1060.
62.
Western B and Pettit B (2010) Incarceration & social inequality. Dædalus 139(3): 8–19.
63.
WillisP (1977) Learning to Labour: How Working Class Kids Get Working Class Jobs, New York: Columbia University Press.
64.
ZatzN (2008) Working at the boundaries of markets: Prison labor and the economic dimension of employment relationships. Vanderbilt Law Review61(3): 857–958.
65.
ZatzN (2009) Prison labor and the paradox of paid nonmarket work. In: BandeljN (ed.) Research in the Sociology of Work, Vol. 18, Bingley, UK: Emerald, pp. 369–398.
