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This essay outlines a critical theory of everyday resistance. This theory adopts a de-centered conception of law and power, and draws upon the theory of deliberative democracy to specify the conditions under which such power becomes illegitimate. This allows us to see everyday resistance as a symptom that discursive power has been generated under unjust conditions. Such an approach opens a new path of research in which we study everyday resistance as a response to the participatory deficits that exist in contemporary systems of power, and then identify the possibilities and obstacles for remedying those deficits.

Educational testing launched under “No Child Left Behind” (NCLB) brings unprecedented levels of surveillance to public education in the U.S. The testing regime is moving American pedagogy away from types of teaching which are either politically disfavored or not easily tested. The impact of NCLB will be strongest in lower-income schools which fare poorly on such tests; these schools can expect to see sanctions, shaming, and a concomitant departure of committed families and teachers. The reshaping of American education wrought by NCLB compels us to reimagine mass surveillance as not primarily a means of watching the world, but as expressions of power capable of effecting significant changes in institutions and behaviors.

This volume presents recent insights in the sociological study of surveillance and governance in the context of criminal justice and other control strategies in contemporary societies. The collected chapters provide a varied set of theoretical perspectives and substantive research domains on the qualities and quantities of some of the most recent transformations of social control as well as their historical precursors in diverse social settings. Drawn from several quarters of the world, the contributors to this volume testify to the increasing relevance of surveillance and governance across the globe and, at the same time, demonstrate the cross-national spread of scholarly ideas on the study thereof.

This article's overarching purpose is to serve as an initial theoretical and empirical step in applying rights consciousness inquiry to the criminal procedure context. First, building on previous work within the legal consciousness and rights consciousness traditions, I discuss the ways in which attention to criminal procedure can inform our understanding of rights consciousness and enumerate differences between the way rights consciousness approaches civil law and the ways it might approach criminal law. Additionally, I suggest that understanding the relationship between people's subjective impressions of procedures and procedures’ legal and moral validity offers a novel means of studying procedure that I term “procedural rights consciousness.” In the second part of the article, I report results of two studies designed as first empirical steps in applying rights consciousness as the first part suggests. My findings indicate that not only do people lack knowledge about their rights in criminal investigations but they also think about these rights in patterned ways that reflect a method of understanding law characterized by “lay jurisprudence” reasoning, in which culturally prevalent “tenets” are applied to specific situations. This mechanism often leads people to erroneous conclusions about the rights they possess. The final part of the article sets out an agenda for further rights consciousness research.

Stuart Scheingold's path-breaking The Politics of Rights ignited scholarly interest in the political mobilization of rights. The book was a challenge to the reigning popular and scholarly common sense regarding the supposedly self-executing nature of rights (what Scheingold called the “myth of rights”). Rights, Scheingold argued, could be resources for the pursuit of social change; but their realization in court doctrine and legislative output was not itself tantamount to meaningful social change. Thus embedded in The Politics of Rights is skepticism (or at least ambivalence) about the utility of rights politics for social movements. Scheingold was not ambivalent about the moral or normative value of rights themselves, although he did argue that the realization of rights was not by itself enough to overcome the manifold inequalities that structure modern life. The Politics of Rights, accordingly, is clear-eyed, but not cynical about rights advocacy. It is thus surprising, and keenly revealing, that Scheingold's final work – The Political Novel, which is ostensibly not about rights at all – points to mass cynicism, alienation, and the collapse of faith in governing institutions and logics as the animating elements of modern liberal democracies, including especially the United States. That rights are a vital part of the civic mythology whose collapse defines modern times suggests that the civil rights context of aspiration and struggle in which Scheingold, and nearly all of his followers (this author included), have conceived rights may be unnecessarily narrow. Rights may also be embedded, that is, in the modern condition of alienation, despair, and felt powerlessness. Inspired by Scheingold's investigation of how literature points to this modern condition of political estrangement, I offer an alternative backdrop for The Politics of Rights that is rooted in the bleak renderings of the American character found in much 1970's American popular and intellectual culture. Such a contextualization, I will argue, suggests that we envision The Political Novel as a companion piece to The Politics of Rights; together they illuminate both the mobilizing and demobilizing potential of the myth of rights.

This chapter examines the effects of covert forms of social control on social movement participants. Current social science literature addresses the effect of surveillance on social movement organizations, but stops short of exploring the experience of surveillance for political activists. We begin by reviewing how state social control has been incorporated into paradigmatic social movement models. Drawing on examples from the FBI's counterintelligence programs and the growing literature emphasizing the emotional components of social movement mobilization processes, we then demonstrate the range of direct and indirect costs exerted by social control agents on both organizational and individual targets.

Extreme events are the occasion for many people’s encounters with climate change. Though causation is complex and no one event is directly attributable to climate change, when we consider Cassandra, we can consider what people encounter in assistance after an extreme event. This chapter takes the case of assistance to displaced people after Katrina to explore how care and surveillance were intertwined. Methods include analysis of government documents as well as interviews. When we consider assistance people receive, we often focus on the intended assistance and how it worked or did not. Evaluation is difficult, not least because criteria for determining what it means to work are uncertain. However, if we include the process of gaining assistance as part of the experience, we broaden concerns from the instrumental outcomes to the mixed messages people get in assistance. Assistance appears in a context, where the most vulnerable people have reasons to mistrust government and nonprofits, and where in the United States assistance has come intertwined with supervisory rules, a focus on getting people to work, and a need to manage criminal histories. Trust in government may be limited, emergency care can operate outside ordinary legal frameworks when providers are new, and legal accountability for assistance may be experienced as confining, despite caregivers’ intent.

The United States has an uncomfortable relationship with pleasure. Cultural ambivalence is evident in discourses surrounding pleasure and the labeling and treatment of those who act on their desires. Pleasure seeking, generally understood in moral terms, is often medicalized and criminalized (as in the case of pregnancy prevention and drug use), placing questions of how to manage pleasure under the purview of medical and legal actors. At the macrolevel, institutions police pleasure via rules, patterns of action, and logics, while at the microlevel, frontline workers police pleasure via daily decisions about resource distribution. This chapter develops a sociolegal framework for understanding the social control of pleasure by analyzing how two institutions – medicine and criminal justice – police pleasure institutionally and interactionally. Conceptualizing medicine and criminal justice as paternalistic institutions acting as arbiters of morality, I demonstrate how these institutions address two cases of pleasure seeking – drug use and sex – by drawing examples from contemporary drug and reproductive health policy. Section one highlights shared institutional mechanisms of policing pleasure across medicine and criminal justice such as categorization, allocation of professional power, and the structuring of legitimate consequences for pleasure seeking. Section two demonstrates how frontline workers in each field act as moral gatekeepers as they interpret and construct institutional imperatives while exercising discretion about resource allocation in daily practice. The chapter concludes with a discussion of how understanding institutional and interactional policing of pleasure informs sociolegal scholarship about the relationships between medicine and criminal justice and the mechanisms by which institutions and frontline workers act as agents of social control.