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gun safety rules, parents not ensuring that their firearms are out of the reach
of their children or mentally unstable family members, etc.).8 Even more
typically, particularly as it relates to mass shootings, gun violence is
understood as the doing of individuals who are evil or mentally
unstable. Thus, even when environmental issues are considered when trying
to explain violence, these factors are typically seen by most gun supporters
(and much of the mass media) as ancillary to some deep aberration or
pathology within the individual. GUN VIOLENCE AND EVIL Explanations
predicated on the idea of innately evil people wanting to do harm
to others are quite common in the aftermath of mass shootings and other
forms of gun violence. Indeed, in the aftermath of the tragedies at Newtown,
Aurora, and Milwaukee, countless media commentators, local politicians, and
even the president of the United States employed the word evil to explain
these events. At the Sandy Hook vigil on December 16, 2012, for example,
President Obama referred to the tragedy as an act of unconscionable evil
(President Obamas Speech at Prayer Vigil, 2012). A few days later, at a press
conference, the NRA addressed the dangers of gun control and the need to do
away with the current tendency to keep schools as gun free zones by
declaring the following: We care about the President, so we protect him with
armed Secret Service agents. Members of Congress work in offices
surrounded by armed Capitol Police officers. Yet when it comes to the most
beloved, innocent and vulnerable members of the American family our
childrenwe as a society leave them utterly defenseless, and the monsters
and predators of this world know it and exploit it. That must change now! The
truth is that our society is populated by an unknown number of genuine
monsterspeople so deranged, so evil, so possessed by voices and driven by
demons that no sane person can possibly ever comprehend them. They walk
among us every day. And does anybody really believe that the next Adam
Lanza isn't planning his attack on a school he's already identified at this very
moment? (NRA Press Release, emphasis added, 2012). The statement above
presupposes a Manichean view of the world in which mass shootings are the
work of genuine monsters. Because pure evil exists, what are needed are
sane, moral agents who are willing and equipped with the proper tools (i.e.,
firearms) to battle evil. Guns, therefore, are the antidote to evil! Based on this
sort of dualistic logic, those who support more gun controls are, whether
intended or not, enablers of evil. By attributing the issue of mass shootings to
individuals possessed by voices and driven by demons, this sort of
argument decontextualizes gun violence and (here again) ignores or
downplays the social, cultural, political, and economic forces
underlying this problem. As discussed Jesse Roche (2013), the notion of
evil as a cause of unnecessary gun violence is a dead-end that
permits no further questions. Attributing gun violence to individual evil
doers is thus a position that discourages the possibility of engaging in
a fruitful dialogue and developing meaningful solutions to this
problem.
Progressives who might have been able to brush off accusations of anti-ruralwhite classism may have a tougher time confronting arguments about the
disparate impact gun control policies can have on marginalized
communities. These, however, are criticisms of certain tentative,
insufficient gun control measuresthe ones that would leave smalltown white families with legally-acquired guns well enough alone,
allowing them to shoot themselves or one another and to let their
guns enter the general population. Ban Guns, meanwhile, is not
discriminatory in this way. Its not about dividing society into good
and bad gun owners. Its about placing gun ownership itself in the
bad category. Its worth adding that the anti-gun position is ultimately
about police not carrying guns, either. That could never happen, right? Well,
certainly not if we keep on insisting on its impossibility. Ask yourself this: Is
the pro-gun side concerned with how it comes across? More to the point:
Does the fact that someone opposes gun control demonstrate that theyre
culturally sensitive to the concerns of small-town whites, as well as deeply
committed to fighting police brutality against blacks nationwide? Im going to
go with no and no on these. (The NRA exists!) On the pro-gun-control side of
things, theres far too much timidity. Whats needed to stop all gun violence is
a vocal ban guns contingent. Getting bogged down in discussions of whats
feasible keeps what needs to happenno more gunsfrom entering the
realm of possibility. Public opinion needs to shift. The no-guns stance needs to
be an identifiable place on the spectrum, embraced unapologetically, if its to
be reckoned with.
Third, those who seek to minimize gun violence must also avoid the
neoliberal tendency to personalize this issue. Any meaningful discussion
about gun violence must reject the neoliberal tendency to
pathologize perpetrators as sick or evil. This tendency , of course,
not only overlooks the web of social relations and meanings that propel
individuals action but also invites a punitive approach to social
problems that is discriminatory and anathema to democracy. Giroux
(2013, online) explains this as follows: Neoliberalism leads to social
policies structured around the criminalization of social problems and
everyday life. This governing-through-crime model produces a highly
authoritarian and mechanistic approach to addressing social
problems that often focuses on the poor and minorities, promotes
highly repressive policies, and places undue emphasis on personal
security, rather than considering the larger complex of social and
structural forces that fuels violence in the first place. To think of this
issue more holistically, more efforts must be madein schools, churches,
families, the media, etc. to promote a sense of community and
interconnectedness. In effect, what might be needed is a shift in social
logic that deviates from the neoliberal assumption that only
individuals matter. Fourth, conversations about gun violence must
begin to examine how the NRA and the gun industry benefits from
neoliberalism. The public must be informed about the power of the gun
industry and the NRA. We must continue to pull back the curtains and reveal
that the NRA, while claiming to be a civil rights organization, is instead
playing on racist fears to promote its agenda (Diaz, 2013). Books and
reports that uncover the lucrative ties between gun manufacturers
and the NRA (i.e, Diaz, 2013) and how the NRAs lobbying efforts have
helped craft pro-gun legislation that lines the industries pockets
(Dreier, 2013) are imperative. Repealing legislation like the Tiahrt
Amendments, which prohibits the Bureau of Alcohol, Tobacco and Firearms
(ATF) from producing data about which guns are linked to particular crime
scenes is another important step in allowing the public to make informed
choices about guns (Diaz, 2013).
namely any prior conduct of the criminal before the actual crime has been committed This leads
The
offender becomes both the author of the offense and a delinquent
someone characterized by criminal conduct. Recall the line in Discipline and
Foucault to invoke the emergence of the delinquent as the second doubling that takes place.
Punish quoted above describing the delinquent as, an individual in whom the offender of the law and the
At this
stage, while still in the grasp of the court, the accused is both a
responsible subject and an object suitable for correction. This doubling
object of a scientific technique are superimposed or almost one upon the other (DP 256).
occurs because Article 64 requires the expert to determine whether a state of dementia allows us to
consider the author of the action as someone who is no longer a juridical subject responsible for his
actions (AB 18). But once expert opinion is included, it turns out that this is not what actually happens at
all. According to Foucault,
the
offender is revealed to have already been a criminal long before
being brought before the court. The purpose is not to demonstrate
merely potential criminality but rather, of describing his
but not themselves illegal become evidence of the pre-existing criminality of the offender,
Could add some arg about how this obscures how crime is
criminogenic and is what allows us to ignore poor black
communities, etc. (Some root cause claim)
Alt/CP
Any solution must examine and challenge corporate
power wrapped up in gun control in the first place. Thus,
Text: The USFG should vest the Department of the
Treasury with the authority to apply federal health and
safety regulations to gun sale, manufacture, and
distribution this would lead to a handgun ban and
buyback program. Solves the entire case
Violence Policy Center 2000 [The Violence Policy Center is a national nonprofit educational foundation that conducts research on violence in America
and works to develop violence-reduction policies and proposals. The Center
examines the role of firearms in America, conducts research on firearms
violence, and explores new ways to decrease firearm-related death and injury.
Unsafe in Any Hands: Why America Needs to Ban Handguns 2000.
http://www.vpc.org/studies/unsafe.htm]
Why has more than 30 years of federal gun control legislation failed to
slow the carnage? This is in large measure due to the ad hoc nature in
which gun control legislation has been enacted often in response to
specific acts of violence. Effective legislation must take into account the
following Most victims know their killers and are often related to them.
Criminals often get their guns through gun stores and are skilled in evading
point-of-purchase legal roadblocks. The secondary gun marketi.e.,the
selling of guns at gun shows or over the Internetis in reality totally
unregulated. It is the self-defense handgun purchased by "law-abiding"
citizens that ends up being used in most handgun violence. Politicians and
gun control advocates alike, however, have a tendency to proffer the same
legislative remedies over and over ("licensing and registration" or
"background checks") without consideration of these fundamentals or inquiry
into the actual effects such laws might have on reducing firearms violence
overall. A contrasting legislative approach to curtailing gun violence begins
with the recognition that the firearms industry remains the last
unregulated manufacturer of a consumer product. Guns are the
only consumer product in America specifically exempted from federal
health and safety requirements. The firearms industry maintains this
regulatory immunity despite the fact that their products kill more Americans
every year than all household and recreational products combined. To end
this era of national denial, Congress should vest the Department of
the Treasury with strong authority to regulate the design,
manufacture, and distribution of firearms. Such authority should
include the ability to remove from the market firearms that pose a
serious threat to public health and safety. In every other part of the
These days Teret and others are pushing another radical idea:
Instead of concentrating on gun control, try regulating firearms, just
like teddy bears, or aspirin, or any other consumer product. As researchers
advertising.
predict that, by the year 2003, the gun will overtake the car as America's most deadly consumer product, the proposal -
long by looking at the person who pulls the trigger and not the
person who makes the trigger?" asked Teret, who heads the public health division in the
Johns Hopkins School of Hygiene and Public Health in Baltimore. If gun makers were treated like
car makers, or like the makers of pesticides or teddy bears, they
might be required to: * Childproof the product. * Install safety features, such as an indicator that would
show at a glance whether the weapon was loaded. * "Personalize" the product, so it could be fired only by the authorized
user. A combination lock would be a low-tech way. At the high-tech end, a palm-print activation design has been
dangerous machine, its user could be required to: * Pass a safety course. * Be licensed to use it. * Register it. * Store it out
And buyers likely would have to undergo more rigorous background checks and waiting periods, as well as face a limit on
it difficult for them to see it as a consumer product. "It's the fact that they are designed to kill," he said. Also, people see
gun ownership as a right. "To say that a gun is a dangerous toaster is to denigrate them," Sugarmann added. As for people
in the gun industry, they see guns as a product that works. The gun-injury problem is "a responsibility issue," said Ken
Jorgensen, a spokesman for Smith & Wesson, the nation's largest handgun manufacturer. "A handgun is designed to shoot
a projectile. . . . Handguns do what they're supposed to do," he said. But Teret responded: "Even if you accept that a gun
is supposed to discharge a lethal force . . . that's not to say you can't control the circumstances under which it discharges
that lethal force. . . . That doesn't mean that they have to discharge a bullet when one 14-year-old is angry at another 14year-old." Jorgensen, of Smith & Wesson, sounding like car makers of the past, dismissed the idea of personalizing
firearms. Low-tech safety features would be cumbersome, he said. And requiring manufacturers to install high-tech safety
features would price the product out of the average gun owner's reach. But those who argue that the focus of the gun
debate should be on the shooter - or the adult who left the gun lying around - may be losing ground in Washington. The
product-safety argument is "the future of the debate on firearms," said Tom Hill, a spokesman for the federal Bureau of
number of product injuries and with reports of shootings involving children. In Norristown last Tuesday, a 13-year-old boy
shot a 12-year-old girl with a .25-caliber handgun from a school bus window, authorities said. That same day in
Philadelphia, a 16-year-old girl was fatally shot by her 15-year-old boyfriend while he handled a .38-caliber revolver, police
said. And Monday, a 16-year-old boy playing basketball on a city playground was killed by a bullet intended for someone
else. "What we really have now is a problem of children killing children," said Mark L. Rosenberg of the federal Centers for
Disease Control and Prevention. CDC statistics show that more teenagers die from firearm injuries than from all diseases
combined. Since 1985, the risk of dying from a gun injury has grown 77 percent for youths ages 15 to 19. "Young people
and guns are really central to this explosion of violence," Rosenberg said. In addition to stressing the youth crisis,
advocates of the consumer- product approach to guns say research belies the national obsession with crime and guns. For
example, CDC figures show that most gun deaths are suicides - not homicides - and suicide rates are rising. Furthermore,
the suicide risk is nearly five times greater for households with firearms than for those without them, the CDC reports.
"Those statistics are largely fabricated," responded Richard Gardiner, a spokesman for the National Rifle Association.
Besides, suicides are "intentional, willful acts," Gardiner said, expressing a commonly held view. Dr. Jerry Kaplan of
Hahnemann University Medical Center, who has studied youth suicide, said there are "many, many, many reasons" given
for the increase in suicides, including the availability of firearms. But "guns made completion much, much better," he said.
"A gun is a horrible thing in the hands of a suicidal person because it is so damned effective," Kaplan said. The shift in the
gun debate began in Teret's living room about a decade ago, he said. Teret and student Garen J. Wintemute, now an
emergency room physician and an associate professor at the University of California, Davis, were brainstorming: What had
been overlooked in the battle over guns? The manufacturer. The notion was not an instant hit. The best reaction then was
"people would just politely ignore you, and it went steadily downhill from there," Teret said. But these days, Teret has the
ear of legislators. Recently, one senator active in the gun debate, Ohio Democrat Howard M. Metzenbaum, asked Teret to
respond to questions about how guns might be brought into a regulatory framework similar to those of the Consumer
Product Safety Commission, the National Highway Traffic Safety Administration and the Environmental Protection Agency.
Metzenbaum is sponsoring a gun-control bill dubbed "Brady 2," which moves in the consumer-product direction. The bill -
Framework
Their framework undermines debate about assumptions
underlying policy and teaches us to not defend the
process by which we make our conclusions - even if we
dont win our alternative is perfect, our imagination of a
post-neoliberal future is revolutionary.
Gunder et al. 09 senior planning lecturer at the Aukland University
[Michael. Planning in Ten Words or Less: A Lacanian Entanglement with
Spatial Planning. Pg. 11-12.]
-
hegemonic, status quo while providing " a cover and shield against
critical thought by acting in the manner of a "buffer" isolating the
political held from any research that is independent and radical in its
conception as in its implications for public policy' (Wacquant 2004, 99).
At the same time, adoption of the hegemonic orthodoxy tends to
generate similar policy responses for every competing local area or
city-region, largely resulting in a zero-sum game (Blair and Kumar 1997).
development. The history of the European left during the twentieth century provides myriad examples of the ways in which the fetishization of party organizations has led
to bureaucratic immobility and the confusion of means with ends (see, for example, Salvadori 1990). The failure of the Bolshevik experiment illustrates how disciplined,
vanguard parties are an ideal vehicle for totalitarian domination (Serge 1984). Faith in the infallible party has obviously been the source of strength and comfort to many
in this period and, as the experience of the southern Wales coalfield demonstrates, has inspired brave and progressive behavior (see, for example, the account of support
for the Spanish Republic in Francis 1984). But such parties have so often been the enemies of emancipation that they should be treated with the utmost caution. Parties
are important or, more correctly, that change is the product of the dialectical interaction
of ideas and material reality. One clear securityrelated example of the role of critical thinking and critical thinkers in aiding and
abetting progressive social change is the experience of the peace movement of the 1980s. At that time the ideas of
dissident defense intellectuals (the alternative defense school) encouraged and drew strength from peace
activism. Together they had an effect not only on shortterm policy but on
the dominant discourses of strategy and security , a far more important
result in the long run. The synergy between critical security intellectuals and critical
social movements and the potential influence of both working in tandem can be witnessed particularly clearly in the
fate of common security. As Thomas RisseKappen points out, the term common security originated in the contribution of peace
researchers to the German security debate of the 1970s (RisseKappen 1994: 186ff.); it was subsequently popularized by the Palme Commission report (Independent
political parties of Western Europe, and Soviet institutchiksmembers of the influential policy institutes in the Soviet Union such as the United States of America and
for example, in response to social movement pressure, German social organizations such as churches and trade unions quickly supported the ideas promoted by peace
arms control institutions, Pugwash conferences, interparty contacts, and even direct personal links, a coterie of Soviet policy analysts and advisers were drawn toward
common security and such attendant notions as nonoffensive defense (these links are detailed in Evangelista 1995; Kaldor 1995; Checkel 1993; RisseKappen 1994;
Landau 1996 and Spencer 1995 concentrate on the role of the Pugwash conferences). This group, including Palme Commission member Georgii Arbatov, Pugwash attendee
Andrei Kokoshin, and Sergei Karaganov, a senior adviser who was in regular contact with the Western peace researchers Anders Boserup and Lutz Unterseher (Risse
Kappen 1994: 203), then influenced Soviet leader Mikhail Gorbachev. Gorbachevs subsequent championing of common security may be attributed to several factors. It is
clear, for example, that new Soviet leadership had a strong interest in alleviating tensions in EastWest relations in order to facilitate muchneeded domestic reforms (the
down of the Cold War, the end of Soviet domination over Eastern Europe, and even the collapse of Russian control over much of the territory of the former Soviet Union. At
the present time, in marked contrast to the situation in the early 1980s, common security is part of the common sense of security discourse. As MccGwire points out, the
North Atlantic Treaty Organization (NATO) (a common defense pact) is using the rhetoric of common security in order to justify its expansion into Eastern Europe (MccGwire
1997). This points to an interesting and potentially important aspect of the impact of ideas on politics. As concepts such as common security, and collective security before
raison dtat the prism through which problems are viewed. Here the project
stands fullsquare within the critical theory tradition. If all theory is for someone and for some
purpose, then critical security studies is for the voiceless, the
unrepresented, the powerless, and its purpose is their
emancipation. The theoretical implications of this orientation have already been discussed in the previous chapters. They involve a fundamental
reconceptualization of security with a shift in referent object and a broadening of the range of issues considered as a legitimate part of the discourse. They also involve a
reconceptualization of strategy within this expanded notion of security. But the question remains at the conceptual level of how these
alternative
types of theorizingeven if they are selfconsciously aligned to the practices of critical or new social movements, such as peace activism, the
struggle for human rights, and the survival of minority cultures can become a force for the direction of
action. Again, Gramscis work is insightful. In the Prison Notebooks, Gramsci advances a sophisticated analysis of how dominant
discourses play a vital role in upholding particular political and economic
orders, or, in Gramscis terminology, historic blocs (Gramsci 1971: 323377). Gramsci adopted Machiavellis view of power as a centaur, half man, half beast: a
mixture of consent and coercion. Consent is produced and reproduced by a ruling hegemony that holds sway
through civil society and through which ruling or dominant ideas become widely
dispersed. 2 In particular, Gramsci describes how ideology becomes sedimented in society and takes on the status of common sense; it
becomes subconsciously accepted and even regarded as beyond question .
Obviously, for Gramsci, there is nothing immutable about the values that
permeate society; they can and do change. In the social realm, ideas and
institutions that were once seen as natural and beyond question (i.e., commonsensical) in
the West, such as feudalism and slavery, are now seen as anachronistic,
unjust, and unacceptable. In Marxs wellworn phrase, All that is solid melts into the air. Gramscis intention is to harness this
potential for change and ensure that it moves in the direction of emancipation. To do this he suggests a strategy of a war of position (Gramsci 1971: 229239). Gramsci
and new historic blocs created. I contend that Gramscis strategy of a war of position suggests an
appropriate model for proponents of critical security studies to adopt in relating their theorizing to political practice. The Tasks of Critical Security Studies If the project of
can also take advantage of the seemingly unquenchable thirst of the media for instant punditry to forward alternative views onto a broader stage. Nancy Fraser argues:
role of theorists is not to direct and instruct those movements with which they are aligned; instead, the relationship is reciprocal. The experience of the European, North
account of New Zealands antinuclear stance in the 1980s, Michael C. Pugh cites the importance of the visits of critical intellectuals such as Helen Caldicott and Richard
Falk in changing the countrys political climate and encouraging the growth of the antinuclear movement (Pugh 1989: 108; see also Cortright 1993: 513). In the 1980s
peace movements and critical intellectuals interested in issues of security and strategy drew strength and succor from each others efforts. If such critical social
movements do not exist, then this creates obvious difficulties for the critical theorist. But even under these circumstances, the theorist need not abandon all hope of an
eventual orientation toward practice. Once again, the peace movement of the 1980s provides evidence of the possibilities. At that time, the movement benefited from the
intellectual work undertaken in the lean years of the peace movement in the late 1970s. Some of the theories and concepts developed then, such as common security and
nonoffensive defense, were eventually taken up even in the Kremlin and played a significant role in defusing the second Cold War. Those ideas developed in the 1970s can
be seen in Adornian terms of a message in a bottle, but in this case, contra Adornos expectations, they were picked up and used to support a program of emancipatory
political practice. Obviously, one would be naive to understate the difficulties facing those attempting to develop alternative critical approaches within academia. Some of
these problems have been alluded to already and involve the structural constraints of academic life itself. Said argues that many problems are caused by what he
describes as the growing professionalisation of academic life (Said 1994: 4962). Academics are now so constrained by the requirements of job security and marketability
that they are extremely riskaverse. It paysin all sensesto stick with the crowd and avoid the exposed limb by following the prevalent disciplinary preoccupations,
publish in certain prescribed journals, and so on. The result is the navel gazing so prevalent in the study of international relations and the seeming inability of security
specialists to deal with the changes brought about by the end of the Cold War (Kristensen 1997 highlights the search of U.S. nuclear planners for new targets for old
weapons). And, of course, the pressures for conformism are heightened in the field of security studies when governments have a very real interest in marginalizing
opportunities for critical thinking do exist, and this thinking can connect with the practices of
become a force for the direction of action. The experience of the 1980s,
when, in the depths of the second Cold War, critical thinkers risked
demonization and in some countries far worse in order to challenge received wisdom , thus arguably
dissent. Nevertheless,
playing a crucial role in the very survival of the human race , should act as both
an inspiration and a challenge to critical security studies.
Criminogenics K
The affirmatives reliance on past convictions as a metric
for criminogenics drives the prison-rehabilitative complex
by constructing those with alcohol convictions as
inherently more likely to commit crime, we pave the way
for the biopolitical apparatus to not only take control of
that offenders life, but also to affirm its own warped
necessity.
Dilts 6: [Andrew Dilts, assistant professor of political theory, loyola
marymount university, Foucault and Felon Disenfranchisement, Paper
presented at the annual meeting of the Western Political Science Association,
Hyatt Regency Albuquerque, Albuquerque, New Mexico, Mar 17, 2006]
Foucault states, The penitentiary technique and the delinquent are
in a sense twin brothers (DP 255). The delinquent, it turns out, was
not revealed as some kind of objectively real thing, that the
abstraction and rigidity of the law were unable to perceive (DP 255),
but was fabricated by the very institution that operates upon it. The
one does not precede the other, but rather, They appeared together, the
one extending from the other, as a technological ensemble that forms and
fragments the object to which it applies its instruments (DP 255). The prison
and the delinquent might be logically distinct (they are clearly not
synonymous), but they rely upon each other completely for questions of
meaning and justification. While the prison form and its technique of
power comes into existence historically as a response to products of
the judicial system (convicted criminals) 5 , it maintains and gives
meaning to itself through the careful production and maintenance of
the delinquent as its object. In this section, I will trace Foucaults
presentation of the linkage between the penitentiary technique and the
delinquent to show what is meant by the fabrication of this curious
substitution of the delinquent for the criminal. Foucault first mentions the
delinquent in Discipline and Punish, writing: [F]rom the hands of justice,
[the penitentiary apparatus] certainly receives a convicted person;
but what it must apply itself to is not, of course, the offence, nor
even exactly the offender, but a rather different object, one defined
by variables which at the outset at least were not taken into account
in the sentence, for they were relevant only for a corrective
technology. This other character, whom the penitentiary apparatus
substitutes for the convicted offender, is the delinquent (DP 251). The
prison, as a system of techniques of disciplinary power, looks
backwards towards a previously established subject of the
convicted offender, a person proven guilty of a specific crime, and
takes this person as its object only initially. 6 The penitentiary
cannot logically operate upon the crime, but must operate upon an
individual that is simultaneously responsible for that crime and a
offense itself, but in general form, as it were, in the individuals conduct (AB
16). Second, ways of being that are not crimes subsequently take on
criminal character: the function of this series of notions is to shift
the level of reality of the offense, since these forms of conduct do
not break the law (AB 16). The doubling of the offenses has the
effect of extending the laws reach beyond the action that has
brought the offender before the court. The actual offense is taken off
the table, and in its place the biographical narrative of the individual
is substituted. A series of non-offenses become the evidence of the criminal
before the crime to explain the subsequent real offense. The psychiatric
expert tells us, Foucault states, that when they are asked to assess a
delinquent, psychiatrists say, After all, if he has stolen, it is
basically because he is a thief, (AB 16). This odd inversion of
causality (that the thief was a thief before stealing anything) is troubling
because this logic does not, Foucault insists, actually explain the crime
but rather explains the thing itself to be punished that the
judicial system must bite on and get hold of (AB 16). It is an
explanation of the criminal subject, not the crime. In the end, we
find the judge does not condemn an offender for the crime, but for
being a criminal that already existed, in essence the role of such
opinion is to legitimize, in the form of scientific knowledge, the
extension of punitive power to something that is not a breach of the
law (AB 18), namely any prior conduct of the criminal before the actual
crime has been committed This leads Foucault to invoke the emergence of
the delinquent as the second doubling that takes place. The offender
becomes both the author of the offense and a delinquent someone
characterized by criminal conduct. Recall the line in Discipline and
Punish quoted above describing the delinquent as, an individual in whom the
offender of the law and the object of a scientific technique are superimposed
or almost one upon the other (DP 256). At this stage, while still in the
grasp of the court, the accused is both a responsible subject and an
object suitable for correction. This doubling occurs because Article 64
requires the expert to determine whether a state of dementia allows us to
consider the author of the action as someone who is no longer a juridical
subject responsible for his actions (AB 18). But once expert opinion is
included, it turns out that this is not what actually happens at all. According
to Foucault, the expert instead works to show how the individual
already resembles his crime before he has committed it (AB 19).
Obviously related to the first doubling, in which past actions that are possibly
deviant or improper but not themselves illegal become evidence of the preexisting criminality of the offender, the offender is revealed to have
already been a criminal long before being brought before the court.
The purpose is not to demonstrate merely potential criminality but
rather, of describing his delinquent character, the basis of his
criminal or paracriminal conduct since childhood, is clearly to
facilitate transition from being accused to being convicted (AB 22).
The judge is thus able to see the offender not as a subject
material of real societies and real people. Their practical effects are
determined by strategies (of domination and resistance). Foucault points out
that prisons, for example, totally fail to fulfill what was the
programme, the elimination of crime and the reform of the criminal:
the prison, apparently 'failing', does not miss its target; on the
contrary, it reaches it, in so far as it gives rise to one particular form
of illegality in the midst of others, which it is able to isolate, to place
in full light and to organize as a relatively enclosed, but penetrable,
milieu. It helps to establish an open illegality, irreducible at a certain
level, but secretly useful, at once refractory, but docile ... This form is ...
delinquency ... So successful has the prison been that, after half a century
of 'failures' the prison still exists, producing the same results, and there is the
greatest possible reluctance to dispense with it. (Foucault 1979: 276-7). The
context of these seemingly bizarre remarks is the pattern of popular
'illegalities' in the nineteenth century. There was not merely an increase in
crime, linked to the social transformations of industrial urbanization, but the
European elites saw this illegality as politically threatening. The lower
orders were seen as essentially criminal and barbaric. The prison's
'fabrication' of delinquency offered a number of advantages:
individual members of the barbarous classes could be identified, and
perhaps turned into informers. In place of the vagabonds roaming
the countryside in the eighteenth century, ready to form 'formidable
forces for rioting and looting', those classified as 'delinquents' were
a controllable group, now pushed to the social margins, unable to
unite with other sections of society, and locked into a life of petty
crimes of which the poorer classes were most likely to be victims.
Those branded delinquents were thus isolated from participation in
other 'popular illegalities' which might turn 'political'. Delinquents
were often used to spy on workers' organizations (ibid.: 280). Delinquency
as a 'controlled illegality' could even be profitable for the dominant
groups in society. Prostitution in nineteenth-century France was
turned into a domain of surveillance, with checks by the police and
checks on the prostitutes' health. Brothels were organized into
hierarchic networks and delinquent-informers served as
intermediaries between officialdom and this subterranean world.
Public moralization made consorting with prostitutes a more clandestine and
expensive activity, increasing the profits of what legal and moral prohibition
had turned into big business. Foucault concludes that: 'in setting up a price
for pleasure, in creating a profit from repressed sexuality, and in collecting
this profit, the delinquent milieu was in complicity with a self-interested
Puritanism: an illicit fiscal agent operating over illegal practices' (ibid.). The
prison failed by the criteria of its original programme and the
discourse which gave birth to it, but proved a success in terms of
other, improvised, strategies of power.