Governance and Governmentality: Foucault Cont.

Question 1

What is the idea behind social control theory?

Answer 1

Associated with functionalism- social control as good and necessary for societal functioning. Institutions as functions for order and control.

Question 2

What are legal functionalists concerned with?

Answer 2

The laws operative role in society.

Question 3

What is the idea behind structural consensus theory (functionalism)?

Answer 3

A successful society is based on value consensus- people agreeing on shared norms and values-enables cooperation to shared goals. A successful society also has a stable social structure, wherein WInstitutions perform unique functions that contribute to the maintenance of society (institutions as organs, society as the body).

Question 4

What are the 3 key ideas that Durkheim had on social control?

Answer 4

1) Society shapes the individual and members are constrained by social facts, beliefs and morals. Society can only survive with sufficient homogeneity.
2) Social solidarity
3) Anomie

Question 5

What is the idea behind social solidarity?

Answer 5

Too much freedom is bad when there is no clear guidance as to what is right and wrong. Societies must create solidarity and make individuals feel as if they are part of something greater (traditionally achieved by religion, but now being achieved moreso by family)

Question 6

What is anomie?

Answer 6

A social condition which implies normlessness, lawlessness, chaos and disorder. People begin to feel a lack of belonging as they are disconnected.

Question 7

How do structural functionalists explain social inequalities and norms as being natural?

Answer 7

Emerged out of inherent differences between individuals and groups.

Question 8

How do structural functionalists explain social inequalities and norms as being functional?

Answer 8

In a healthy, stable society, individuals know their place. Certain individuals are natural leaders and hold skills to make decisions- the most fit are then awarded privileges so they will carry out bigger tasks. The people in power deserve to be there.

Question 9

How do structural functionalists defend the idea of the nuclear family and social order?

Answer 9

Division of labour as an essential norm for family stability and social order-functionalism validates traditional forms of moral governance and self regulation, and deviations from this result in anomie.

Question 10

What is the functionalist approach to law and control?

Answer 10

Law as operative-helping to fulfill existing ideals and norms (gives validity to norms). Law as an important integrating mechanism, legal codes as the best empirical indicator of solidarity. Two forms (mechanical and organic)

Question 11

What is mechanical (traditional) solidarity?

Answer 11

The law as repressive, sanctions as punitive, deviation from the collective consciousness as a crime against all society (eurocentric hunter-gatherer view)

Question 12

What is organic solidarity?

Answer 12

Modern society- restitute law needed to reintegrate the deviant into society.

Question 13

What are the main problems with functionalism?

Answer 13

Justifies unequal distribution of resources as given, implies the lower and working class are undeserving, characterizes deviance as a need to be corrected.

Question 14

What are the 2 Marxist control models?

Answer 14

Instrumentalism and Structuralism.

Question 15

What is instrumentalism?

Answer 15

The state and law work in the interest of the ruling class as tools for the bourgeoisie to enforce capitalist social order.

Question 16

What is structuralism?

Answer 16

State/law is used to reproduce a capitalist order, but social institutions have relative autonomy.

Question 17

What is the idea of social control according to Marxist perspectives?

Answer 17

Represses and exploits the working class. The rule of law as a myth and illusion, ideological fiction.

Question 18

How do social institutions have relative autonomy according to Marxist structuralism?

Answer 18

Consent and legitimization as essential, not only repression. Citizens belief in rule of law and access to rights presents people from challenging beliefs, due to to institutions occasionally giving them small tastes of freedom. Overruling of short term capitalist interests to provide the lower class with real rights in order to avert resistance (idea of false consciousness and hegemony). Capitalism with social safety nets (unions, labour laws etc).

Question 19

What was Foucaults response to Marxism?

Answer 19

Marxism as economically deterministic, reductionist, and simplistic. Wanted to study tools to resist oppression and domination, and also looking at how less formal non-state technologies of power play a role in governance and regulation.

Question 20

What type of theorist is Foucault considered to be?

Answer 20

Post-structuralist.

Question 21

What did Foucaults insights eventually inspire?

Answer 21

Governmentality, law as governance, and third wave feminism.

Question 22

What was third-wave feminism? (80s and 90s)

Answer 22

A response to gender essentialism (second wave) and critiquing the eurocentric, cis-gendered, white middle class. BIPOC as isolated by second wave feminism, sexism, misogyny, heteronormative power relations as not solely located in state and law.

Question 23

What is the prison industrial complex?

Answer 23

Argued that 2nd wave feminists worked with conservatives to make the law more punitive which further criminalized black men.

Question 24

What was second wave (radical) feminism?

Answer 24

Inspired by instrumental Marxism, it used Marxist methods to critique gender oppression, violence, and misogyny. State and law used by men to control women and benefit male interests. Social control of women achieved by direct and instrumental law manipulation.

Question 25

What were second wave feminists ideas on porn?

Answer 25

Top-down and binary. Porn as misogynistic, emerges from men’s desire to control women bodies. Women in the adult industry as exploited and controlled, porn normalizes violence against women. Wanted it to be banned or heavily regulated.

Question 26

What were third wave feminists ideas on porn?

Answer 26

Bottom-up. Women in the adult industry have agency, enjoy sex and performance. It is their choice. Porn regulation does not resolve misogyny, patriarchy, and violence. Restorative and transformative justice for violence against women, rather than relying on the state.

Question 27

What is the idea of governing-at-a-distance (Rose and Miller)?

Answer 27

How modern power is a complex process of cooperative “chains of actors” who translate power from one locate to another-traditional binary lines between civil society/state, public/private, coercion/consent, laws/norms is blurred.

Question 28

What is risk management?

Answer 28

Strategies, programs etc based on predictive and preventable calculabilities.

Question 29

Why are government and regulation becoming increasingly preoccupied with risk management?

Answer 29

Managing risks as forward-looking, minimalizes costs/harms rather than attributing blame/individual justice (CJS). Rehab versus deterrence, used to make regulation and intervention strategies.

Question 30

How does Marxism view insurance?

Answer 30

Insurance as linked to the capitalist state- should be provided by the state.

Question 31

What is an example of how modern power is a process of a network of cooperative actors?

Answer 31

Example: Man gets life insurance due to health policies, stats, being expected to provide for his family financially etc.

Question 32

What is the critique of social control according to governing-at-a-distance?

Answer 32

Social control doesn’t take into account the complexity of situations.

Question 33

What are some modern prevention strategies?

Answer 33

Intelligence-led policing, self-regulation, and citizen-led crime prevention programs.

Question 34

What is intelligence-led policing?

Answer 34

Collaborative surveillance using intelligence analysis’ to build networks and databases in order to understand crimes, where they are, and use intervention strategies before the problem begins. Also uses citizen-led crime prevention programs like crime stoppers (citizens believe they are part of something, have agency to decide whether to snitch or not).

Question 35

Why is intelligence-led policing problematic?

Answer 35

When you ask the question of who does the watching and who is getting snitched on.

Question 36

What is the idea of self-regulation as a modern prevention strategy?

Answer 36

Internalization of crime control by installing alarms, cameras, CCTV. Not a law, just crime prevention integration (demonstrates decentralized nature of CJS)

Question 37

What are economic rationalities (Garland)?

Answer 37

Increased reliance on analytical langauge of risks, rewards, rationality, choice, probability, targeting, demand and supply of opportunities- creates “economic” forms of reasoning and calculation.

Question 38

How does Garland use Foucaults triangular model of power (sovereign, disciplinary, and self-regulation) to make sense of modern crime control?

Answer 38

1) Legal subject- Governed by sovereign command-obey or be punished.
2) Criminal delinquent- Governed by discipline. Conform or be corrected.
3) Criminogenic situation- Governed by manipulation of interests and promotion of mechanisms of “self-regulation”.

Question 39

What is a criminogenic situation?

Answer 39

A high risk situation, place, or system that is causing or likely causes criminal behaviour. Risky and hot spot areas determined by statistical forms.

Question 40

What is responsibilization?

Answer 40

Emphasis on personal responsibility and freedom. Self-regulation relies on both discourses.

Question 41

What are the main critiques of Foucault and governmentality?

Answer 41

There is no instruction on how to challenge domination and oppression (fatalistic). Dismisses hierarchical forms of power, increased state security, growing economic inequalities and wealth accumulation.