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“I can’t breathe”: Criminology, Science and Society

Sometimes the mind wanders; the associations it produces are random and odd, but somehow, they connect. In the book of Genesis, there is reference to the first murder. Cain murdered Abel with a stone making it the original murder weapon. After some questioning from God, who acted as an investigating officer, and following a kind-of admission, God then assumed the role of the judge and jury, sentencing him to wander the earth. This biblical tale is recounted by all three main monotheistic religions, a what to do in the case of murder. The murderer is morally fallen and criminally dealt by with a swift punishment.
There is no reason to explore the accuracy of the tale because that is not the point. Religion, in the absence of science, acted as a moral arbitrator, sentencing council and overall the conscience of society. In a society without science, the lack of reason allows morality to encroach on personal choices, using superstition as an investigative tool. As scientific discovery grew, the relevance of religion in investigation was reduced. The complexity of society required complex institutions that cared for people and their issues.
When the Normans landed in England, they brought with them a new way of dealing with disputes and conflict. Their system of arbitration, using the King as a divine representative, was following Roman tradition and theology but it soon became apparent that a roaming court may not be as efficient. The creation of the magistrates and the statutes on legal representation introduced the idea of bringing professionals into justice. The creation of new institutions fostered the age of the scholar, who uses evidence-based practice.
This new approach removed more religious practices, instead favouring the examination of facts, the investigation of testimony and the study of law. It was a long way away from the system we know now as the witch trials can attest to; a number of whom took place in East Anglia (including Northampton). In the end the only thing that has been left from the early religious trials is the oath witness take when they submit their testimony.*
The more we learn the better we become in understanding the world around us. The conviction that science can resolve our problems and alleviate social issues was growing and by the 19th century was firm. The age of discovery, industrialisation and new scientific reasoning introduced a new criminal justice system and new institutions (including the police). Scientific reasoning proposed changes in the penal code and social systems. Newly trained professionals, impervious to corruption and nepotism, were created to utilise a new know-how to investigate people and their crimes.
Training became part of skilling new mandarins in a system that reflected social stratification and professionalism. The training based on secular principles became focused on processes and procedures. The philosophy on the training was to provide a baseline of the skills required for any of the jobs in the system. Their focus on neutrality and impartiality, seemed to reflect the need for wider social participation, making systems more democratic. At least in principle that was the main idea. Over centuries of public conflict and social unrest the criminal justice system was moving onto what people considered as inclusive.
Since then the training was incorporated into education, with the new curriculum including some BTECs, diplomas, foundation studies and academic degrees that take on a variety of professions from investigative fields to law enforcement and beyond. This academic skilling, for some was evidence that the system was becoming fairer and their professionals more educated. Police officers with knowledge of the system, akin to lawyers to the probation service and so on. So far so good…but then how do we explain the killing of George Floyd? Four officers trained, skilled, educated and two of them experienced in the job.
If this was a one, two three, four, -offs then the “bad apple” defence seems to be the most logical extrapolation on what went wrong. If, however this is not the case, if entire communities are frightened of those who allegedly serve and protect them, then there is “something rotten in the state of Denmark”. Whilst this case is American, it was interesting to read on social media how much it resonated, in communities across the globe of those who felt that this was nothing more than their own everyday experience with law enforcement. For them, police is merely a mechanism of repression.
Since the murder I have read a number of analyses on the matter and maybe it worth going a bit further than them. In one of them the author questioned the validity of education, given than two of the officers in the Floyd case hold a criminal justice and a sociology degree respectively. There is a vein of truth there; educators have some responsibility to forge and promote professional conduct and ethical practice among their alumnus. There are however some other issues that have not been considered and it is time for these to be brought to the surface.
Education or training alone is not adequate to address the complexities of our society. Social awareness, cultural acceptance and the opportunity to reflect on the rules using problem solving and insight are equally important. Foucault has long argued that the justice system is inherently unfair because it preserves privileges and blocks anyone outside from challenging it. Reflecting on that, all major constitutional changes took place after a revolution or a war, indicating the truism in his observation.
If we are to continue to train people on procedures and processes the “bad apples” are likely to strike again. The complexity of social situations requires an education that ought to be more rounded, critical and evaluative. If a doctor takes an oath to do no harm, then so should every other professional who works in their community. If the title of the office is more appealing than the servitude, then the officer is not fulfilling their role. If we do not recognise equality among all people, then no training will allow us to be fair. Suddenly it becomes quite clear; we need more education than less, we need knowledge instead of information and we need more criminology for those who wish to serve the system.
*Even that can now be given as an affirmation

The pandemic and me – Paula

Portrait de Dora Maar, Pablo Picasso, 1937
The last time I physically went to work was Thursday 19 March, over 12 weeks ago. Within days, I blogged about the panic and fear that risked overwhelming us all in the light of a pandemic. Some of that entry was based on observation and the media, other parts, my own feelings and emotions.
Prior to the pandemic, I had been the kind of person that felt the need to be at work, often for 10-12 hours a day This was partly to kid myself that there was a clear delineation between the personal and the professional (something, I’ve never managed to achieve since joining academia). Part of it was due to my previous career in retail; when there are customers there must be staff, so there is a necessity to presence. Part of it was tied up with notions of work ethic and fear of missing out, dropping out, losing connection. The regularity of the Monday to Friday (and sometimes, Saturdays for events) commute there and back, the same familiar route, the same familiar timetable, the same familiar faces. Even prosaic matters, like my wardrobe, is primarily designed for my professional life, however, #lockdown life requires something different than formal suit, dresses and court shoes. Similarly, make-up seems out of place, why paint your face or nails, without the rest of the professional apparatus, deemed so necessary to what Goffman (1969/1990) identified as The Presentation of Self in Everyday Life.
In his play Huis Clos (No Exit) Jean-Paul Sarte famously claimed that ‘Hell is—other people’ (1947/1989: 45). This is often interpreted as if the company of others is hellish, but that is a misreading. Sartre, like Mead (1934) before him recognised the role of the other, in our own understanding of ourselves. In essence, we can only ever see ourselves through the lens of others. In lockdown that lens dissipates or even disappears entirely, even with technology, which although we appreciate as an enabler of communication, I’ve yet to hear anyone say it is a complete replacement for human interaction.
Nevertheless, lockdown has forced us to look again and not only at our wardrobes. Once the panic and the novelty of not going to work, socialising and all the other activities, that are part and parcel of our lived experience passed, a new normality replaced this. Introspection is often missing in twenty-first century life, even among those of us that spend considerable amounts of time, professionally, if not personally, reflecting on what we’ve said, what we’ve done and how we can change, amend and ultimately improve as human beings. It’s also provided space to consider what we can’t wait to get back to, what we’re glad to have a break from and what we are looking for ways to avoid in the future.
For me, part of that introspection has focused on my need to be present at work. After all, in academia there is less pressure to be on campus, particularly on one which has been designed with the future in mind. There is no office, where I need to water plants, (most of) my academic books are here and I also have a work laptop, as well as my own pc. At home, I can have silence, or music while I work. If I am hungry or thirsty I can satisfy those needs. If I am overwhelmed, I can simply walk away for a little while, without explanation. If I am lonely, confused or need advice, I can pick up the phone, message, video call and everything else that technology can offer. My professional life can pretty much continue without too much interruption.
So what happens when things return to normal, should I throw myself back into the same patterns as before? I am hoping the answer is no, that I will do things differently, not least for my own wellbeing. Although I love the look and feel of the campus, I have always struggled with what, criminologists will understand as the panoptic gaze (Foucault, 1977). The sense that wherever you are, the threat of observation is ever present. The panoptic gaze does not differentiate between deviant or pro-social activity, it simply retains its disciplinary function designed to constrain and control For many, it is an open welcoming space, however, as a person who thrives on quietness, on privacy, on spending time away from human contact, it can have the opposite effect. Not all of the time, but at least some of it, I wouldn’t want to abandon campus life completely. The lockdown has shown me that it is possible to have the best of both worlds
References
Foucault, Michel, (1977), Discipline and Punish: The Birth of the Prison, tr. from the French by Alan Sheridan, (London: Penguin Books)
Goffman, Erving, (1959/1990), The Presentation of Self in Everyday Life, (London: Penguin)
Mead, George Herbert. (1934). Mind, Self and Society: From the Standpoint of a Social Behaviorist. (Ed. Charles W. Morris). (Chicago: Chicago University Press)
Sartre, Jean-Paul, (1947/1989), No Exit and Three Other Plays, (New York: Vintage International)
Criminology: in the business of creating misery?
I’ve been thinking about Criminology a great deal this summer! Nothing new you might say, given that my career revolves around the discipline. However, my thoughts and reading have focused on the term ‘criminology’ rather than individual studies around crime, criminals, criminal justice and victims. The history of the word itself, is complex, with attempts to identify etymology and attribute ownership, contested (cf. Wilson, 2015). This challenge, however, pales into insignificance, once you wander into the debates about what Criminology is and, by default, what criminology isn’t (cf. Cohen, 1988, Bosworth and Hoyle, 2011, Carlen, 2011, Daly, 2011).
Foucault (1977) infamously described criminology as the embodiment of utilitarianism, suggesting that the discipline both enabled and perpetuated discipline and punishment. That, rather than critical and empathetic, criminology was only ever concerned with finding increasingly sophisticated ways of recording transgression and creating more efficient mechanisms for punishment and control. For a long time, I have resisted and tried to dismiss this description, from my understanding of criminology, perpetually searching for alternative and disruptive narratives, showing that the discipline can be far greater in its search for knowledge, than Foucault (1977) claimed.
However, it is becoming increasingly evident that Foucault (1977) was right; which begs the question how do we move away from this fixation with discipline and punishment? As a consequence, we could then focus on what criminology could be? From my perspective, criminology should be outspoken around what appears to be a culture of misery and suspicion. Instead of focusing on improving fraud detection for peddlers of misery (see the recent collapse of Wonga), or creating ever increasing bureaucracy to enable border control to jostle British citizens from the UK (see the recent Windrush scandal), or ways in which to excuse barbaric and violent processes against passive resistance (see case of Assistant Professor Duff), criminology should demand and inspire something far more profound. A discipline with social justice, civil liberties and human rights at its heart, would see these injustices for what they are, the creation of misery. It would identify, the increasing disproportionality of wealth in the UK and elsewhere and would see food banks, period poverty and homelessness as clearly criminal in intent and symptomatic of an unjust society.
Unless we can move past these law and order narratives and seek a criminology that is focused on making the world a better place, Foucault’s (1977) criticism must stand.
References
Bosworth, May and Hoyle, Carolyn, (2010), ‘What is Criminology? An Introduction’ in Mary Bosworth and Carolyn Hoyle, (2011), (eds), What is Criminology?, (Oxford: Oxford University Press): 1-12
Carlen, Pat, (2011), ‘Against Evangelism in Academic Criminology: For Criminology as a Scientific Art’ in Mary Bosworth and Carolyn Hoyle, (eds), What is Criminology?, (Oxford: Oxford University Press): 95-110
Cohen, Stanley, (1988), Against Criminology, (Oxford: Transaction Books)
Daly, Kathleen, (2011), ‘Shake It Up Baby: Practising Rock ‘n’ Roll Criminology’ in Mary Bosworth and Carolyn Hoyle, (eds), What is Criminology?, (Oxford: Oxford University Press): 111-24
Foucault, Michel, (1977), Discipline and Punish: The Birth of the Prison, tr. from the French by Alan Sheridan, (London: Penguin Books)
Wilson, Jeffrey R., (2015), ‘The Word Criminology: A Philology and a Definition,’ Criminology, Criminal Justice Law, & Society, 16, 3: 61-82