Law as Spell: From the Constitution to the Prison Industrial Complex
Year: 2025
Type: article
Abstract: This essay explores the concept of law as a form of ritualized power — a “spell” that binds individuals and societies through coded language, symbolism, and structural loopholes. It argues that the U.S. Constitution, often regarded as a document of freedom, simultaneously institutionalized systemic inequality and ensured the continuation of bondage through mechanisms such as the 3/5ths Compromise and the 13th Amendment’s punishment clause. The analysis traces successive institutions — from slavery to Jim Crow, to ghettos, to the prison industrial complex — as iterations of this binding spell. By reframing law as a symbolic and spiritual construct, the essay highlights the ways in which mass incarceration represents modern slavery and calls for narrative reclamation, constitutional reform, and the creation of “counter-spells” rooted in justice, dignity, and liberation.
Author: Brian K Burwell II
Language: English
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7083012135
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