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Burr was talking about justice. 'When I get to run the world . . . I'm
going to hold the Nuremberg trials Part Two. I'm going to get all the
arms dealers and shit scientists,and all the smooth salesmenwho push
the crazies one step further than they thought of going, because it's
good for business, and all the lying politicians and lawyers and
accountantsand bankers, and I'm going to put them in the dock to
answer for their lives. And you know what they'll say? "If we hadn't
Bri. Jnl. of Soc. Volumeno. 47 Issue no. I March 1996 ISSN 0007-1315 ) LonetonsSchoolof Economcs 1996
2. ThePoliticsof LawarldSocislControl
The second form of politicization is obvious, non-controversial and
hardly needs comment. This is the direction indicated by Mat7a's
reminder about Leviathan:the power of the state to criminalize.
3. ThePoliticallVatureof Crime
A third and far more complicatednotion was the one that soon gave the
whole enterprise of politicizationa bad name. This was the attempt to
rescue the criminal from the positivistassumptionsof determinism and
pathology. Crime became either the expression, symbolor equivalentof
politicalresistanceor the product of the politicalorder of capitalism.
(a) TheCriminalas PoliticalActor The short-livednotion of the criminal
as rebeland crypto-politicalactorwasseldoln found in its pure form. This
5. ThePoliticsof PersonalLife
That other resonant 1960s slogan, 'the personalis political',wasdestined
for a less interrupted life than the slogan 'crimes of the powerful'.
Originatingpoliticallyin the civil,gay and women'srightsmovementsand
theoreticallyin the loosely Reichian left-Freudianismof the times, this
idea was meant to convey two somewhatdifferent meanings.The first-
less significantthese days - was a politics of authenticity:personal life
should be led in accordancewith politicalconvictions.The second - very
much the dominantvoice of currentpoliticaland sexualcorrectness- was
to transpose personal and private matters into the politicaland public
realm.
The women's movement became the apotheosis of both these mean-
ings. Gender, sexuality, reproduction, body language, and intimate
relationshipswere politicizedin both theoreticaland practicalterms. In
The second part of my lecture reverses the search: looking not for the
politicaldimensionsof traditionalcriminologicalmatters,but for the ways
in which the question of crime runs through the substanceand discourse
of contemporarypoliticallife.
Some of these are obvious and beyond dispute. Others suggest
transformationsas yet unclearin how politicalconflictsoccur and become
understood.These blur the boundarybetweencrimeand politicsin forms
more paradoxicalthan criminologists ever imagined. And they might
lead us to prefer- this will be my conclusion - the opposite direction:
separating,ratherthan linking crime and politics.
10 StanleyCohen
domestic disorder. To cite the New YorkTimes(Weiner
1995):the cult of
nationalsecurityrepresentedby the Sovietthreathas
givenwayto a cult of
personalinsecuritywhichlinksthe hazardsof predatory
crimewithother
nameless risks (whether toxic waste, nerve gas in the
food and obscurelymotivatedterrorism). subway, harmful
We need to understandhow the mundane politics
of crime control fits
this wider discourseof order and security.Garland
(forthcoming)gives a
so-nuancedaccountaboutcontemporaryBritain.His
startingpoint is that
during the last 30 years, high crime rates have
become a normal sscial
fact. Despite its wholly uneven distribution,crime
is accepted not as an
aberration,but a routine part of consciousness,an
everyday risk to be
managed like air pollution and road traffic.There is
little
governmentcapacityto 'solve'or 'fight'the problem.Whatconfidence in
the 'crisisof penal modernism', lies in the Garlandcalls
perceived normalityof high
crime rates and the long obvious (to any honest
limitsof criminaljustice agenciesto do anything criminologist,at least)
aboutthis.
The result, he argues (Garland,forthcolning:4), is
an erosionof one of
the foundational myths of modern society: that
the sovereign state is
capableof providing security,law and order and
crime control. So new
modesof governancedevelop, especially:(i) the
of the private sector, notably in the selling of increasing involvement
policing and security as
commodities;(ii)the model of crime as a riskto be calculated
andpotential victim)or an accident to be avoided (byoffender
rather than a moral
aberrationneeding special explanation; (iii) a 'supply
side' policy which
seeksto modify the routines of everyday life;
(iv) making citizens
responsiblefor crime (through publicity campaigns,
self-help groups,
volunteers and projectslike Neighbourhood Watchand
and(v) the managerialethos of 'performance CrimeConcern)
indicators'whichjudge
criminal justice agenciesby self-referentialmeasuresthat have
dowith reducingcrime. nothing to
So, expectationsare scaled down; the message is
that crime control is
beyond the state.But whythen punitiverhetoricand the
coreof the traditionalsystem - prisons - keeps factthatthe hard
expanding? Garland's
answer is that at the same time as its administrative
institutionshave been
devisingtheir managerial strategies (with their
limited aims of 'risk
management'), so the political arm of the state swings into
hysterical and populist denial of these very limitations. In episodes of
the face of
evidence that crime does not really respond to severe
police sentences or new
powers or greater use of imprisonment,
appeal governments still must
to the old law and order rhetoric.The short-term
politicalcostsof
admitting the futilityof these methods are unacceptable.So:
andvolatileshiftsof politicalmood - responsesto popular the sudden
and feelings of rage
frustration after a particularlydisturbing crime,
lations
of the symbols of government power, policies cynical manipu-
that deliberately
ncrease prlson popu atlons.
The show of punitive force is used to repressany
acknowledgementof
andLegitimacy
2. Corruption
Politicalcorruptionisasoldas politicalpower.Yetthepost-Watergate era
has seen a quite unprecedentedand uninterruptedseries of public
scandalsabout corrupt governmentin Westerndemocracies.There
mightbe littlein commonto diverseeventssuchas Watergateitselfand
the Iran-Contraaffair in the USA, the Scott In4uiry and regular
exposureof government'sleaze'in Britainor the tangentopoli scandalsill
Italy. In some cases, criminal activities(bribery,corruption,en-
bezzlement,theft) were used for personalgreed, in others for party
politicalgain,in yetothersto subvertbasiclegalandconstitutional rules.
In allcases,though,publicperception- aidedbya morevigilantrnedia
- has raisednewquestionsof legitimacy.This is morethanthe familiar
sequenceof muck-raking exposuresfollowedby the cynicalviewthatall
politiciansare crooked.There are new elementsin episodeslike the
IranWontraaffairandtheofficialcorruptionwhichhastotallyreshaped
Italianpoliticsreverberatingin a majorcorruptionscandaleven in the
quiet democracyof Belgiumand reachingthe highestlevelof NA rO.
There are also allegationsthat the three-waytie-upbetweenbusiness,
politicalpartiesand organizedcrimehas stretchedto a fourthcorner-
separatistand terroristgroups.The scalehas alsobecomemoreglobal.
Bodiessuchas theOECDandthe Geneva-based WorldEconomicForunl
- concerned by to
threats the good name of the free market- arelooking
for newwaysto policeinternational corruption.
The Secretary-General of Interpolnoted recentlythatit is beconling
difficultto drawa clear line betweenwhat he called'normal'political
businesscorruptionand hard core, organizedcrimeactivity.Rhetoric
aside,the institutionsof criminaljusticeare involvedas neverbeforein
regulatingpubliclife.6Corruption,ratherthan'statecrime',hasbecome
the entrypointof criminaljusticeintogovernment.
CriminalOrganization
3. International
HereI cometo the specificsubjectraisedbythe LeCarre4uote.
IS agaln,not llew
ne exlstenceot Internatlonacrlminaorganlzatlons
, . . . . . . . . .
drugmarkethave
in itself.Andstudiesof the Mafiaandtheinternational
long pickedup allegationsaboutgovernmentconnections,for example,
throughsecurityservicessuch as the CIA. Standardconceptssuch as
'narco-terrorism' and newonessuchas 'narco-diplomacy' (Griffith1994)
suggestyetotherlinks betweencrime and politics.
We havenot, however,even begunto comprehendthe scopeof these
4. Crimesof theState-Revisited
Withthecollapseof thecertaintiesof Marxism,liberalprogressivism and
the cold war, 'universalhumanrights'has becomethe only surviving
meta-narrative. In the 'newworldorder',traditionalconflictsbetween
nationsremain,but are increasinglyovershadowedby internalstate
terrorandethnic,nationalistandreligiousconflictsresultingin atrocities
of unimaginableproportions.Eric Hobsbawm(1994) has traced the
chronologyof today's'barbarism' fromthe FirstWorldWaronwards.He
seesbotha disruptionof the moralrulesthroughwhichsocietiesregulate
theirinternalsocialrelationsanda reversalof the Enlightenment project
of findinguniversalrules.
How do we describethe events of Rwanda,Burundi,the former
Yugoslavia,the Caucasus,Haiti,Colombia,Iraq,Somalia,Sudan,large
sectionsof West Africa, Sri Lankaand elsewhere?The theological
languageof evil and the pictoriallanguageof barbarism,horrorand
atrocityhavebeen translatedinto the legalisticterminologyof'human
rightsviolations'.Thissoundsblander- not 'thoushaltnot kill'but'thou
shaltnotviolatethe rightto life accordingto Article6, Paragraph1of the
InternationalCovenant'- but at least it offers some institutional
safeguards,enforcementandthe possibility of prevention.
These mechanismshave been traditionallyappliedto governments.
The term'humanrightsviolations', though,isbroaderthan'crimesof the
state',includingthe atrocitiescommittedby armedoppositionalgroups
and those resultingfrom the breakdownof governmentmonopolyon
violence«
Not thatthesedivisionsare alwaysclear:the killingof streetchildren
andsocialundesirablesin BrazilandColombia,for example,maybe the
responsibilityof drug barons,gangs, hired mercenariesor shadowy
vigilantegroupsdirectlyconnectedto the policeor army.In Colombiain
1993, death squads of waywardpolice officers killed some 2,200
'disposables':abandonedstreetchildrenlivingas petty thieves,prosti-
tutes,addicts,beggars.Neighbourhoodclean-upsquads,often hiredby
localbusinessfor 'socialcleansing',postnoticesinvitingthecommunityto
join the funeralparadefor deaddelinquents.
Atrocitiescommittedbystatesagainsttheirowncitizensareas a matter
of habitdescribedas'criminal'. Taketheone exampleof politicalkillings.
po Itlca malnstream #
(ii) Whatis actuallygained by reframingpoliticalevents in the language
of law and crime?In February1995, at the 50th anniversaryof liberation
of Auschwitz,an officialjointdeclarationdescribedwhathappened as 'the
greatest crime of the twentieth century'. In 1992, the United Nations
SecurityCouncil,reactingto reportsof the widespreadrape of women in
Bosnia, 'designated'systematicmass rape as a 'crimeagainst humanity'.7
What does this renaming imply? What are the implicationsof making
denial of the Holocausta criminaloffence?
(iii) And how appropriateat all is the punitive law model for resolving
these political conflicts and making governments responsible for their
actions?This question is raised in two dramaticcurrent examples. First,
there is the 'justicein transition'debate (Cohen 1995): should societies
going through democratization (e.g. South Africa, Eastern Europe,
former juntas in Latin America) confront the human rights violations
committedby the previous regime by putting individualperpetratorson
trial?Second, there is the Tribunalnow dealing withatrocitiescommitted
in the former Yugoslavia. Although there were precedents in the
Nuremberg and Tokyo Tribunals, this is the first truly international
criminaljurisdiction to reproduce all features of conventional criminal
justice: codificationof offences; provision of due process; a victim and
witnessunit; a 'DetentionUnit' in the Hague for inmates.The Tribunal's
firstreport- an extraordinarydocument- heraldsthe emergence of new
5. TheNew Vzctimization
In those parts of the world racked by state terror, drug wars and ethnic,
nationalist or religious conflict, political violence certainly creates far
more victimsthan regularcriminalviolence. In more stabledemocracies,
victimsare being 'discovered'in somewhatdifferent ways.
First, the same concept of human rights used to describe massive
atrocities is applied to the more mundane burdens, deprivations and
humiliationsof everydaylife. A twenty-twostone woman in Chicagosues
a cinema for not providing a large enough seat as a 'violation of her
human rights'; men who have been circumcised claim that their basic
right to bodily integritywas violatedat birth without their consent. (They
have even formed a liberationmovement, RECAP- RestoreA Complete
Penis.)
Second, the new criminalizationhas extended the cognitive and legal
boundariesof victimization- for example, for women as objectsof sexual
harassmentand children as objectsof abuse.
Third, the psycho-therapeuticempire continues to expand its reach,
creatingnew diagnosticcategoriesof illness, personalitydisorders,eating
disorders, learning disorders, dependency and other states. Not just
'repressed memory syndrome' but 'victimsof false repressed memory
syndrome';notjust 'dependency'but also 'co-dependency';notjust 'serial
killersyndrome'but also 'women who love men who kill'.
Some commentatorson what has become called the 'nation of victims'
(Sykes 1992) or the 'cultureof complaint'(Hughes 1993) are too sour and
smug. But there are surely profound social consequencesin this transfer
of private suffering into organized social movements and into public
exhibits (such as the confession on Oprah Winfrey and other TV talk
shows). For victims, if not for deviants (as we thought in the 1960s), the
personal has indeed become political. This culture of victimization
emerges from identity politics:groups defining themselvesonly in terms
of their claimsto special identity and suffering. And this trend is given a
spurious epistemologicaldignity by the ethic of multiculturalism.
The resultof all this is to actuallysubvertthe 'politics'that manyof us still
cling onto - a politics based on such old fashioned Enlightenment
meta-narrativesas common citizenshipand universalrights.
CONG,LUSION
NO I ES
* (entenary Public Lecture in Law industry ((Jentre tor the Study of Public
and S(Kiety, London School of Econ- Order 1994).
omics and PoliticalScience, 9 May 1995. I 2. Note, though, that the boundaries
am indebted to the Departments of Law between crime and politics during com-
and S(KjOIOgY for their invitation and to munism were rather complex. As Fou-
Nils (hristie, Ann Peters and Jim Shep- cault comments, the Soviet definition as
tycki for useful references. Another non-political precisely those acts which
version of this lecture will appear (in the rest of' world considered political was
German) in Trutz von Trotha (ed.) Power '. . . at once logical and bi7,arre'(Foucault
and The Discour.seon C'rime:Fe.st.schriftfor l9tH9:122). To define criminality in
Fritz Sack. purely political terms - obliterating the
1. I quote from the (entre's glossy distinction between political and non-
pamphlet which also boasts of its close ties political off'ences - would, at first sight,
with corporations and the private security have been more logical.
3. Though one journalist saw the 1994 DePalma, Anthony 1995 'Mexico Lives
declaration of a State of Emergency by ByVirtual Law', New York Times, 26
theMayor of Washington DC as an March: 4.
appropriate strategy for 'a pocket of the Downes,David and Morgan, Rod 1994
ThirdWorld dropped into the United 'Hostages to Fortune: The Politicsof Law
States:. . . a one-party state, plagued by and Order in Post-War Britain', in M.
dailygun violence, racial tension and Maguireet al. (eds) OxfordHandbookof
financial chaos' (Freedland 1994). C'riminology, Oxford: Oxford University
4. Mike Davis's supposedly 'apoca- Press.
lyptic'vision of Los Angeles consists of Elvin,Jan 1994 '(Jorrections-Industrial
well-documented evidence of the political (JomplexExpands in the US', National
powerof crime control agencies in major PrisonProjectJournal 10( 1): 1-5.
urbanplanning decisions (Davis 1990). FortressEurope 1994 '(^ermany: New
5. For details on the development of Lawon "Fight Against (Jrime"'28 (Octo-
non-lethallaser technology by ARPA (the ber):1-4.
Pentagon'sAdvanced Research Projects Foucault,Michel 1989 'The Politics of
Agency)for domestic law enforcement, Soviet(rime', in FoucaultLive:Interuiew.s,
see Kiernan ( 1994). The aim is for 196S1984, New York: Semiotext.
weaponsthat would 'expand the spec- Freedland,Jonathan1994 'D() goes down
trumbetween guns and personal per- thefiscal W(', TheCuardian,2 February.
suasion'.
Garland,D. (forthcoming) 'The limits of
6. For a condensed review of govern- the sovereign state: strategies of crime
ment corruption and judicial inter- controlin contemporary society', Bntish
Journalof C8riminology. (Page numbers
ventionduring the fifteen years of (on-
servative rule in Britain, see Gearty referto ms.)
Gearty,Conor 1995 'The Partyin (Jovern-
(1995).
7. The lack of similar reaction to the ment', London Review of Books 17 (9
mass rape of thousands of women in March):15-l tH.
Burundiin 1994, mainly by Tutsi militia, Griffith, I. L. 1994 'From (,old War
isa classicepisode in the 'politicsof ethnic Geopolitics to post-(old War (^eonar-
amnesia'. cotics, InternationalJournal,C'anadianIn-
.stitute of International Affair.s XLIX
(1): 1-36.
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