Jacob Abolafia

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“Safety, in a Republican Sense”:
Trump v. United States, Democracy, and an Antisubordination Theory of the Criminal Law

Democratic governance requires holding the powerful to account. This Essay therefore proposes a broad antisubordination theory of the criminal law which grapples directly with disparities in power, rather than obscuring them under the guise of formal equality. Neither formal equality nor its alternative, prison abolitionism, can adequately protect democracy.