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“They Have a Right to File”: The Legitimacy and Utility of Appeals “They Have a Right to File”: The Legitimacy and Utility of Appeals
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“Solid Waste,” “Liars,” and Rights Gone Wrong “Solid Waste,” “Liars,” and Rights Gone Wrong
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Carceral Logic, “Operational Realities,” and the Problem of Rights Carceral Logic, “Operational Realities,” and the Problem of Rights
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Ruling Out Uncertainty and Processing Scruples Ruling Out Uncertainty and Processing Scruples
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The Rhetoric of Law, Administrative Certainty, and Emotional Distance The Rhetoric of Law, Administrative Certainty, and Emotional Distance
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Process and Paperwork Process and Paperwork
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Cracks in the Wall Cracks in the Wall
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5 “Narcissists,” “Liars,” Process, and Paper: The Dilemmas and Solutions of Grievance Handlers
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Published:December 2014
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Abstract
This chapter traces the impact of the conflicting logics of rights and carceral control on prison staff. Almost all of these staff acknowledged that filing a grievance is a legitimate prisoner right and that the grievance system is a useful managerial tool, but they ridiculed prisoners who file grievances and trivialized their appeals. Drawing on and extending scholarship on administrative decision making, the authors argue that these officials are caught between the perceived realities of their institution and attending to its logics, while at the same time acceding to the cultural logic of rights. Impugning the character of prisoners who exercise their right to appeal is a cognitive solution to this tension. This cognitive turn has not-so-subtle racial implications, as the portrayal of the overly pampered prisoner echoes the (post) civil rights trope that people of color are entitlement-seeking beneficiaries of special privileges. Finally, the chapter examines the ways in which a focus on rules and paperwork shores up certainty in uncertain terrain and facilitates emotional distance.
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