State Power Crime
Publication Year: 2009
Featuring contributions by many of the leading scholars in the field, this seminal text explores the key themes and debates on state power today, in relation to crime and social order. It critically evaluates a range of substantive areas of criminological concern, including terrorism, surveillance, violence, and the media.
- Gives historical overviews of key theories about state power
- Provides an assessment of the relationship between crime, criminal justice, and the state
- Analyzes the development of law and order policy
- Discusses the impact of structural fissures such as gender, race and sexuality
- Presents an overview of current research and writing
- Offers critical reflection on the future direction of research and analysis
- Provides advice on further reading
In 1978, with the publication of Hall et al's Policing the Crisis and Poulantzas's State, Power, Socialism, ...
- Front Matter
- Back Matter
- Subject Index
- Introduction: State, Power, Crime
- Chapter 1: Gender, Power and the State: Same as it Ever Was?
- Chapter 2: The Heterostate: Hegemonic Heterosexuality and State Power
- Chapter 3: Racism and the State: Authoritarianism and Coercion
- Chapter 4: Policing the Working Class in the City of Renewal: The State and Social Surveillance
- Chapter 5: Young People, Youth Justice and the State
- Chapter 6: Power, Politics and the Welfare State
- Chapter 7: The State and Corporate Crime
- Chapter 8: Violence and the State
- Chapter 9: The ‘Exceptional’ State
- Chapter 10: Intelligence, Terrorism and the State
- Chapter 11: Crime Prevention, Community Safety and the Local State
- Chapter 12: Victims and the State
- Chapter 13: Crime, Media and the State
- Chapter 14: The State, Knowledge Production and Criminology
- Chapter 15: Nation States and the Production of Social Harm: Resisting the Hegemony of ‘TINA’
© Introduction and Editorial Arrangement © Roy Coleman, Joe Sim, Steve Tombs and David Whyte
Preface © Stuart Hall
Chapter 1 © Anette Ballinger
Chapter 2 © Lois S. Bibbings
Chapter 3 © Jon Burnett
Chapter 4 © Roy Coleman
Chapter 5 © Janet Jamieson and Joe Yates
Chapter 6 © Chris Jones and Tony Novak
Chapter 7 © Steve Tombs and David Whyte
Chapter 9 © Paddy Hillyard
Chapter 10 © Peter Gill
Chapter 11 © Lynn Hancock
Chapter 12 © Sandra Walklate
Chapter 13 © Paul Mason
Chapter 14 © Reece Walters
Chapter 15 © Christina Pantazis and Simon Pemberton
Chapter 8 © Penny Green and Tony Ward
First published 2009
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Anette Ballinger is Lecturer in Criminology at Keele University, UK. Her research interests include gender and capital punishment in the twentieth century. She is the author of the award-winning book Dead Woman Walking: Executed Women in England and Wales 1900–1955 (Ashgate, 2000) (Hart Socio-Legal Prize, 2001), and has written several book-chapters and journal articles on the subject of gender and punishment in modern history including: ‘The guilt of the innocent and the innocence of the guilty: the cases of Marie Fahmy and Ruth Ellis’, in A. Myers and S. Wight (eds) (1996), No Angels, Pandora; ‘Researching and redefining state crime: feminism and the capital punishment of women’, in S. Tombs and D. Whyte (eds) (2003), Unmasking the Crimes of the Powerful: Scrutinising States and Corporations, Peter Lang; and ‘The “worse” of two evils? Double murder trials and gender in the 20th century’, in A. Barton, K. Corteen, D. Scott and D. Whyte (eds) (2006), Expanding the Criminological Imagination: Critical Readings in Criminology, Willan. She is currently working on a book entitled Capitalising on Punishment: State Power, Gender and Women Who Kill, to be published by Ashgate.
Lois S. Bibbings is a Senior Lecturer in the School of Law and an Honorary Research Fellow in the Centre for Ethics and Medicine at the University of Bristol. Her research interests revolve around feminisms, masculinities and sexualities. She has published largely in the broad areas of legal history, crime and bodily issues. Current projects focus upon: relational ethics and models of autonomy, end-of-life care, nineteenth-century masculinities, gendered criminality, along with the refusal of violence and conscientious objection (1916-present). Her multidisciplinary book Telling Tales About Men: Conceptions of Conscientious Objectors to Military Service During the First World War considers these men's experiences, their beliefs, perceptions and actions, whilst at the same time exploring the ‘nature’ of history and the forms which writing about the past can take (Manchester University Press, Autumn 2009).
Jon Burnett has published widely on state racism and community cohesion and obtained his PhD from the University of Leeds in 2008. His work has appeared in several edited books, and in a wide range of academic and wide circulation journals, including Race and Class, Journal of Crime Media and Culture and Red Pepper. He is Information and Communications Officer at Positive Action for Refugees and Asylum Seekers in Leeds. His chapter in this book is written in a personal capacity.
Roy Coleman is Lecturer in Criminology and Sociology at the School of Sociology and Social Policy, University of Liverpool. His main research and teaching interests are in [Page viii]the related areas of crime control, surveillance and social divisions, urban regeneration and state formation. Published work appears in journals, including the British Journal of Sociology, Critical Criminology and Crime, Media, Culture. His book Reclaiming the Streets: Surveillance, Social Control and the City (Willan, 2004), won the Hart Socio-Legal Book Prize in 2005.
Peter Gill is Honorary Fellow at the University of Liverpool, UK. In addition to journal articles on policing and intelligence issues, he is the author of Policing Politics (Cass, 1994) and Rounding Up the Usual Suspects? (Ashgate, 2000) that provide comparative analyses of North America and the UK regarding, respectively, security and police intelligence processes. He is a co-editor of Democracy, Law and Security (Ashgate, 2003) and Transnational Organised Crime (Routledge, 2003) that both deal primarily with European developments. More recently, he has co-authored Intelligence in an Insecure World (Polity, 2006) and is co-editor of the PSI Handbook of Global Security and Intelligence: National Approaches, 2 volumes (Praeger, 2008) and Intelligence Theory: Key Questions and Debates (Routledge, 2009).
Penny Green is Professor of Law and Criminology at Kings College, University of London. She has published widely on state crime and state violence. Her current research interests include theorizing torture and other forms of state violence, particularly in relation to reforming state practices in Turkey and Iraq, illegal logging, environmental harms and looted antiquities. She is the author of a number of books including State Crime: Governments, Violence and Corruption, with Tony Ward (Pluto Press, 2004).
Stuart Hall was born in Jamaica and educated in the UK. He has been active in left politics and in the social, peace and anti-racist movements. He was one of the founding figures of cultural studies and became Director of the Birmingham Centre for Cultural Studies in 1972 and a member of the Policing the Crisis team. He was Professor of Sociology at the Open University, retiring as Emeritus Professor in 1997. Since then, he has been active in cultural diversity work in the visual arts.
Lynn Hancock is Lecturer in Sociology at the University of Liverpool. She chairs the British Society of Criminology's North West Regional Group. Her main research areas are in urban criminology, with particular reference to urban change, ‘crime’ and criminalization, community responses to neighbourhood change and the ‘place’ of ‘crime and disorder’, policing and the role of local governance structures in these processes, the politics of community safety, social exclusion, spatial exclusion, urban regeneration, crime and social control, and public responses to criminal justice. She published Community, Crime and Disorder: Safety and Regeneration in Urban Neighbourhoods (Palgrave) in 2001 and has authored a number of book chapters, articles and reports on the relationships, interactions, discontinuities and dilemmas between theory, policy and practice in each of these areas.
Paddy Hillyard is Emeritus Professor of Sociology at Queen's University Belfast. His main research interests include inequality, poverty, social exclusion and political violence. He [Page ix]is a founder member and Director of Statewatch and a member of the Executive of the Committee on the Administration of Justice (CAJ) in Northern Ireland. His books include: The Coercive State: The Decline of Democracy in Britain (Fontana, 1988), with Janie Percy-Smith, Suspect Community: People's Experience of the Prevention of Terrorism Acts in Britain (Pluto Press, 1993), Bare Necessities: Poverty and Social Exclusion in Northern Ireland (Democratic Dialogue, 2003) with G. Kelly, E. McLaughlin, D. Patsios and M. Tomlinson, Beyond Criminology: Taking Harm Seriously (Pluto Press, 2004) edited with Christina Pantazis, Steve Tombs and Dave Gordon, and Poverty and Conflict in Ireland: An International Perspective (IPA, 2005) with Bill Rolston and Mike Tomlinson.
Janet Jamieson is a Senior Lecturer in Criminology in the School of Social Science at Liverpool John Moores University. Her teaching and research focuses primarily upon youth justice; children, young people and crime; and gender and the criminal justice system. With Karen Evans she has co-edited Gender and Crime: A Reader (Open University Press, 2008) and with Karen Broadhurst and Chris Grover Safeguarding Children: Critical Perspectives (Wiley-Blackwell, forthcoming).
Chris Jones and Tony Novak have lived and worked together since 1969. They now live on the Greak island of Samos. They have written together and separately on British social policy with a focus on social security and social work and the manner in which the state destroys and distorts the lives of the poor. Their current research includes the refugees being washed on to the shores of Samos and the experiences of Palestinian young people on the occupied West Bank.
Paul Mason is Senior Lecturer at the School of Journalism, Media and Cultural Studies, Cardiff University. He has written extensively in the field of crime and media. He has edited Criminal Visions: Media Representations of Crime and Justice (Willan, 2003) and Captured by the Media: Prison Discourse in Media Culture (Willan, 2006), and authored with Frank Leishman Policing and the Media: Facts, Fictions and Factions (Willan, 2003). He runs the Prison Media Monitoring Unit (PMMU), which scrutinizes British media coverage of prison and prisoners, and the Cardiff Nexus Innocence Project, which works on appeals for prisoners maintaining innocence.
Christina Pantazis is Senior Lecturer in the School for Policy Studies at the University of Bristol. Along with a number of colleagues, she has been developing work around the concept of social harm. Her particular interest is on understanding harm from a gendered perspective. Publications include Beyond Criminology? Taking Harm Seriously (Pluto Press, 2004), with Paddy Hillyard, Steve Tombs and David Gordon, and Criminal Obsessions: Why Harm Matters More Than Crime (2nd edn, Centre for Crime and Justice Studies, 2008), with Danny Dorling, David Gordon, Paddy Hillyard, Simon Pemberton and Steve Tombs, and Poverty and Social Exclusion: The Millennium Survey (The Policy Press, 2006), with David Gordon and Ruth Levitas. Her current research (with Simon Pemberton) focuses on the war on terror and the criminalization of Muslim communities.
[Page x]Simon Pemberton is Lecturer in Social Policy at the University of Bristol. After completing his PhD, ‘The production of harm in the UK: a social harm analysis’, he was awarded an ESRC Post-Doctoral Fellowship to develop his doctoral work on social harm. Subsequently, he has published on the topics of state and corporate harm, poverty and human rights and, more recently, on the ‘war on terror’.
Joe Sim is Professor of Criminology at Liverpool John Moores University. He has written a number of books on prisons and punishment. His most recent book is Punishment and Prisons, and was published by Sage in 2009.
Steve Tombs is a Professor of Sociology at Liverpool John Moores University and Chair of the Centre for Corporate Accountability. His most recent book is Safety Crimes (Willan, 2007), co-authored with David Whyte. He has co-edited Beyond Criminology? Taking Harm Seriously (Pluto Press, 2004) with Dave Gordon, Paddy Hillyard and Christina Pantazis, and Criminal Obsessions (Crime and Society Foundation, 2008), as well as Unmasking the Crimes of the Powerful: Scrutinising States and Corporations (Peter Lang, 2003), with David Whyte. He is co-author of Corporate Crime (Longman, 1999), with Gary Slapper, and Toxic Capitalism (Ashgate, 1998; Canadian Scholars’ Press, 1999), with Frank Pearce. He also co-authored People in Organisations (Blackwell, 1996) and co-edited Risk, Management and Society (Kluwer-Nijhoff, 2000).
Sandra Walklate is currently Eleanor Rathbone Chair of Sociology at the University of Liverpool, having held posts previously at Manchester Metropolitan University, Keele University, the University of Salford and Liverpool John Moores. She has written extensively on policing, gender and crime, and criminal victimization with her most recent work focusing on the impact of the fear of terrorism on people's everyday lives. Her most recent publications include an edited collection Beyond the Risk Society: Critical Reflections on Risk and Human Security (McGraw-Hill/Open University Press, 2006), with G. Mythen, and a single-authored book Imagining the Victim of Crime (McGraw-Hill/Open University Press, 2007). She is editor of the Handbook of Victims and Victimology (Willan, 2007) and series editor for Readings in Criminology and Criminal Justice with the Open University Press. She held a Visiting Professorship at the Institute of Criminology at the University of Stockholm in 2006 and is currently Head of the School of Sociology and Social Policy at the University of Liverpool.
Reece Walters is a Professor in Criminology at the Open University. He has published widely on the ways in which criminological knowledge is produced, governed and disseminated, including his books Deviant Knowledge: Criminology, Politics and Policy (Willan, 2003), and Critical Thinking about the Uses of Research (Centre for Crime and Justice Studies, 2008), with Tim Hope. He also publishes in Green Criminology, including work on air pollution, radioactive waste and food crime.
Tony Ward is Reader in Law at the University of Hull where, in addition to various legal subjects, he teaches on the MA/LLM in Criminology and Human Rights. He is [Page xi]co-author of Privatisation and the Penal System (Open University Press, 1989), with Mick Ryan, and State Crime: Governments, Violence and Corruption (Pluto Press, 2004), with Penny Green. His latest book, with Gerry Johnstone, is Law and Crime (Sage, forthcoming), a critical introduction to criminal law for criminologists. When not moonlighting as a criminologist, his main interest is in issues concerning expert evidence and the relationship of psychiatry to criminal law.
David Whyte is Reader in Sociology at the University of Liverpool where he teaches and researches issues of corporate power and regulation and crimes of the powerful. He publishes widely on those subjects in both academic and wider circulation journals, including Social Justice, Urban Studies, Journal of Law and Society, Critical Criminology, British Journal of Criminology, Crime Law and Social Change and Criminal Justice Matters, and is a regular contributor to Red Pepper. His books include Unmasking the Crimes of the Powerful (ed. with Steve Tombs, Peter Lang, 2003), Expanding the Criminological Imagination (ed. with Alana Barton, Karen Corteen and David Scott, Willan, 2007), Safety Crimes (with Steve Tombs, Willan, 2007) and Crimes of the Powerful (Open University Press, 2009). David Whyte is a Board member of the Centre for Corporate Accountability and an advisory board member of Corporate Watch.
Joe Yates is Principal Lecturer and Criminology Subject Leader at Liverpool John Moores University. He sits on the Executive Committee of the National Association for Youth Justice and is director of the annual social work with juvenile offenders symposium at the Inter University Centre in Croatia. His teaching and research focuses on state responses to young people in trouble and marginalised young people's experiences of criminal justice. He has published a number of journal articles and book chapters relating to youth crime and youth justice. He is co-editor of Applied Criminology (Sage, 2008), with Brian Williams and Brian Stout.
State, Power, Crime is a challenging, wide-ranging and thought-provoking collection of essays. They set crime and the criminal justice system in the context of politics and the state, wider social relations and structures of power and inequality. In so doing, they prove once again — if evidence were needed — that the critical criminological project is alive and well and capable of raising serious theoretical issues and producing profound insights, not simply into crime and the response to it, but into what Foucault called writing ‘the history of the present’.
The volume is also, in part, a celebration of the publication, 30 years ago, of Policing the Crisis: Mugging, the State and Law and Order by a collective of writers and researchers (none of them, as it happened, professional criminologists!) associated with the Centre for Contemporary Cultural Studies at the University of Birmingham. The analysis offered in Policing was influenced by the body of new critical work in crime and deviance that emerged in the 1960s. It also drew extensively on the formative work in cultural studies that was developing at the Centre. The authors of State, Power, Crime are scrupulously generous — almost, at times, too generous? — in acknowledging where and how they have found the questions opened up by Policing the Crisis productive for their own thinking and research. As one of the original Policing group, I would like to express our gratitude for this act of recognition and solidarity across the years, which the new volume represents.
Policing the Crisis took six years to research and write and in the beginning we knew very little about the criminological field in which we were intervening and had no already-finished theoretical approach to apply. But we were propelled in new directions by events in the so-called ‘real world’ and trying to effect a paradigm-shift — or what David Scott calls opening a new ‘problem space’, from that of a conventional criminological approach — to explain them. By ‘problem space’ Scott means ‘the ensemble of questions and answers around which a horizon of identifiable stakes … hangs’. A paradigm shift is thus the result of treating a historical moment or conjuncture as also an epistemological space, and changing what seem to be ‘the questions worth asking and the answers worth having’ about any problem. Our method was to redefine the object of inquiry. This meant re-constituting a particular crime and the societal response to it — long prison sentences handed down for a so-called ‘mugging’, committed by three young men of mixed race background against an elderly man on a piece of waste ground in Birmingham in 1972 — as a social phenomenon, a ‘social fact’, rather than an isolated criminological event.
Why had British society — the police, the law, the media, political leaders, spokespersons, public opinion — reacted to that event in such an extreme way at this precise [Page xiii]historical juncture? Why did such a wide-ranging ‘moral panic’ develop around the ‘mugging’ label? How did rising urban crime become the signifier of a crisis of the whole social order? What social contradictions were driving this so-called ‘crisis’? How were the themes of race, crime, youth and the working class condensed in it and why had they come to serve as its ideological conductors? How did this response function as a mechanism for constructing an authoritarian consensus in the state, an increasing reliance on the law to govern and ‘police’ society, provoking the build-up towards a law and order’ society? What role did the state play in its construction? What fears and anxieties was this shift mobilizing?
Policing was the outcome of a process of collaborative research, analysis and theorizing, a ‘work in progress’, an unfinished project; and, despite the inordinate length of time it took to produce, this process was far from complete when it ended. It urgently required to be further expanded and developed. That was 30 years ago, and its questions and formulations may appear somewhat naive from the perspective of the present. But that is because of the extensive work which has gone into consolidating and sophisticating the paradigm in the intervening years. Though State, Power, Crime was produced in very different circumstances from Policing the Crisis, it is clear that its authors have shared many concerns and approaches over the years. They have also been engaged in discussion and debate, a sustained conversation, which gives their work a rare unity of perspective across their different areas of expertise.
The expansion and development that Policing anticipated takes many forms in the new volume. State, Power, Crime pursues many similar topics and themes. It carries the narrative forwards. It develops and expands the argument. It offers new conceptualizations as well as critically engaging with, challenging and putting into question aspects of the earlier work.
The first line of development concerns extending the story — the narrative history — embedded in Policing forwards into the following decades. Every essay in the new volume builds its own historical account, deploying this to identify key events which signify critical turning points, new developments and trends, even the opening of a different conjuncture, over the succeeding 30 years. Narratives of this kind are never innocent. They establish a certain way of understanding the relationship between past, present and future; more especially, of understanding how the significant relations between the elements of a social formation ‘hang together’ and how that articulation is re-configured across time. The ‘story’ offered in these essays is no simple chronological march, one event after another. It is a conjunctural history. It provides an interpretive reading of how these connections can be made and, more importantly, when significant shifts occur. It is not best understood as an account of the unstoppable forward-march of some trans-historical coercive drive lodged in the state-form itself — an approach quite foreign to the demand for historical specificity and the attention to conjunctural shifts which a Gramscian perspective requires. Such developments are never the result of a simple contradiction unrolling evenly across time throughout the whole social formation, but rather, as Louis Althusser once put it, ‘an accumulation of circumstances and currents’ which, though different in origins, sources and the contradictions which drive them, at certain moments ‘fuse into a ruptural unity’.
[Page xiv]Policing the Crisis was framed by the ‘crisis’ of the post-war settlement, the break up of the Keynesian welfare state and the period of social democratic reforms, and signalled the coming apart at the seams of the accommodations which, for a period, stabilized the political landscape and the balance of social forces in post-war British society. The book charts the way the break-up of this ‘settlement’ produced a progressively deepening social crisis. It explores how that crisis not only shaped the developments of crime and the criminal justice system in the period, but influenced the changing character of legal regulation and the wider control culture and their role in ‘policing’ — reacting to and attempting to manage and contain — the crisis. Its period of active research was therefore defined by that crisis and dealt in depth with the events of the 1960s-1970s, ending in the mid-1970s. That was before the rise of what came to be know as ‘Thatcherism’ and the new conjuncture shaped by neo-liberalism, anti-statism and globalization: though the latter was indeed anticipated and cannot have come as a surprise to anyone who had read Policing carefully, since it is one of the few genuinely predictive studies in the social sciences (which are not all that strong on accurate prediction). For example, the essay ‘The great moving right show’, which I published in 1978, correctly anticipated the outcome of the 1979 election, and in terms of general analysis, both this and the later work on Thatcherism were made possible by, and unashamedly stood on the shoulders of, Policing the Crisis.
Many of the same social constituencies are followed through in the new volume; but always as a way of marking critical developments, changes of historical contexts and shifts on the modalities of control. And some identify new subjects. For example, Ballinger and Bibbings open new terrain with their discussion of the ‘gendering’ of crime, sexuality and the social conditions of rule. They are focused on the rise to visibility of the category of sexual offences and the wave of new legislation around rape, domestic violence, abuse within and outside marriage and harassment. Ballinger poses profound questions about the complex gendering of hegemony and how this shifts the analysis. Bibbings privileges sexuality and the state's continuing reinforcement of an heterosexual norm. These authors add a whole new dimension and new constituencies, which were — inexplicably from the perspective of today — missing from Policing.
Burnett tracks the race theme that was central to Policing —but now in the context of the rise of, and the assault on, multiculturalism; how ‘community cohesion’ became in the 1990s the leading edge of that attack; why the debate about cultural identity and a vision of ‘belongingness’ built around citizenship, provided the focus for a new moral panic around ‘immigration’. He also poses questions about the effect of the shift into neo-liberalism. He seems convinced that changes in institutional forms of the state do not fundamentally undermine its coercive character. Similarly, Coleman follows through the policing of the working classes, and youth — but now in the context of ‘the urban crisis’ and the strategies of ‘urban regeneration’ that have accompanied the ‘entrepreneurialization’ of the state.
Jamieson and Yates offer an insightful and carefully considered ‘survey’ of developments in ‘the highly politicized arena of youth crime and youth justice’ since the 1970s. They identify the soft-and-tough ‘bifurcation’ approach of the Thatcher era and the [Page xv]deepening of a punitive regime, especially with respect to childhood and anti-social behaviour, marked by the notorious 1998 Crime and Disorder Act and New Labour's deployment of the ‘community’ discourse to ground and popularize its moralizing logic.
Jones and Novak also look at shifts in regulating the poor, the underclass, unemployed youth and other stigmatized minorities through the welfare state and social policies in the so-called neo-liberal state. They, too, discuss the new modes of regulation, which include such strategies as community policing, parenting orders, curfews, tagging, Asbos and the deployment under New Labour of the all-encompassing category of ‘anti-social behaviour’. They add that a return to the emphasis on ‘the undeserving poor’ seems to take us back to the Poor Law. Is this, then, a further example of, or different from, the ‘authoritarian drift’ discussed in Policing?
On the theme that used to be defined as ‘crimes of the powerful’, Tombs and Whyte's chapter is part of a major adjustment of emphasis. They identify the unprecedented rise of corporate power and wealth in the period of privatization, globalization and deregulation; and the way the corporations have acquired a social role and moral authority through such devices as ‘corporate responsibility’ and ‘community development’. Are the global multinational corporations beyond state regulation? Are they both inside and outside the state? Is this an example of the state's ‘relative autonomy’ in the era of anti-statism? Both Green and Ward and Gill also locate new legal and societal responses in the context of contemporary global issues. These include what they call ‘crimes of obedience’: how individuals are ‘legitimately’ [sic] constrained to commit illegalities by states — of war, state-legitimated violence, security threats and terrorism. The new strategies here involve a massive expansion of intelligence and surveillance, the use of torture, control and exclusion orders, incarceration without charge or trial and other counter-terrorism measures that are given a sort of ‘legal legitimacy’ in the context of globalization and ‘the war on terror’. These seem to be new forms of the exercise of state power through the enforcement of complicit action without legal sanction, for which the term ‘Guantanamo’ has come to serve as a general metaphor. Many are ambiguously positioned ‘both within and beyond’ the law; the state harnessing new forms of political bio-power which subject bodies who are held for long periods in legal limbo in the inbetween state of ‘bare life’ about which Giorgio Agamben has recently so eloquently written.
Then there are chapters that bring new theorizations or a new literature to bear on old questions. Mason offers a critique of the theorization of the media and the role of primary and secondary definers offered by Policing. He draws on discourse analysis and the political economy of communications, especially the latter, which returns to a more orthodox neo-Marxist political-economy approach to the sphere of ideology and the media; making use, in particular, of Schlesinger's critical examination of the original approach. Mason does not state where he thinks the balance of the argument finally lies. Walklate introduces the new discourse of the victim and considers how it is related to the New Labour struggle to win consent, with its insistence on adding ‘responsibilities’ to ‘rights’, and the general promotion of ideas about the individuation of responsibility (or what they call ‘responsibilization’). Pantazis and Pemberton attempt to apply the language of ‘needs’ and ‘harm’ to the era of privatization.
[Page xvi]Hancock raises another version of the neo-liberalism question that recurs here in many chapters, about the operation of the so-called ‘exceptional state’ (to which Hillyard also gives extensive treatment — see below) and how far we have advanced towards it. Can neo-liberalism and anti-statism go hand in hand with the more pervasive penetration of society by the state; and is this an example of Foucault's ‘governance at a distance’? In another version of the same problem, Pantazis and Pemberton ask whether in general we are witnessing in the more recent era of the so-called ‘reform agenda’ a deepening of the criminalization of social problems or more humane forms of the capitalist state — or both at the same time? Walters, too, wants to know what the consequences of neo-liberalism have been for criminological thinking in general and Home Office research in particular.
There seem to be many common threads and preoccupations here from which certain key questions arise. Does the relation between state, crime and power remain roughly the same in the moment of the disintegration of the Keynesian, reformist welfare state and the emergence of the anti-statist, neo-liberal, deregulated state under Thatcherism and New Labour? Is the advance towards the ‘exceptional’ state with which Policing concludes maintained across these two different conjunctures? How do we theorize the articulation between the state, crime and power in the era of free markets, anti-statist neo-liberalism, de-regulation, the ‘reform’ agenda and globalization? Broadly speaking, do the trends and tendencies identified in the first conjuncture persist, without significant difference, into the second? And more conceptually how much difference do conjunctural shifts make and how much does historical specificity matter? These are clearly issues which lie at the heart of the way the general theoretical framework of the second book reflects on the problematic of the first.
This is pre-eminently the terrain of the two over-arching review chapters in State, Power, Crime: ‘The “Exceptional” State’ by Paddy Hillyard and the panoramic Introduction to the volume by Coleman, Sim, Tombs and Whyte. Hillyard has, of course, done vital work in charting the critical role played by the Northern Ireland crisis across the whole period in ‘pioneering’ the movement towards an ‘exceptional’ state. He accurately picks up on an uncertainty in Policing about committing itself as to when precisely the ‘drift’ towards a law and order society became an ‘exceptional state’ and whether the latter has arrived and is now the ‘normal’ state of affairs.
This is a masterfully organized chapter too detailed to summarize here. Hillyard uses the three-part schema in Policing — drifting towards the resort to the law to govern society; the expansion of informal social controls; the movement towards the violence threshold and the deployment of new technologies of surveillance (like CCTV, data collection and intercepts in response to terrorism and Northern Ireland) — to organize his paper and to integrate a wealth of subsequent research. This is filled out in considerable detail. The main thrust of the argument is that the trends in this direction have intensified over the past three decades and that the advance to an exceptional state has been sustained.
Coleman et al. address the key conceptual issues in a thoughtfully formulated, sophisticated and wide-ranging chapter. Policing the Crisis was shaped by the disintegration of the welfare state; the period since has been framed by the rise of the [Page xvii]neo-liberal state. Are an interventionist state and the anti-statist, ‘deregulation’ state, two sides of the same coin or are they in some more complicated way articulated together? Is rolling back the state related to rolling out new institutional forms and arrangements, new technologies of governance and new forms of policy ‘delivery’ — the centrepiece of state policies and actions under New Labour in recent decades? Has globalization really undermined the role of the nation state and its capacity to intervene and regulate? Do these add up to a genuine pluralization of state power and a new form of the state, or are many of them simply favourable ways of representing the state's coercive drive — what the authors call ‘liberal speak’ (there was a lot of it about in what elsewhere I called New Labour's ‘double-shuffle’).
The authors insist that the state is a contradictory site. An emphasis on the negative and coercive aspects of state power, and the use of oppositions like public/private and coercion/consent, when staged as mutually exclusive binaries, is not, they say, helpful. However, the overall tendency of the review points towards the view that new state institutions and initiatives are always underpinned by the state's coercive capacities and that state violence remains integral to its operations.
The essays in this volume do offer irrefutable evidence of an exponential expansion, a widening of the scope and a deepening of, or penetration into, society of the state. There has been an extraordinary proliferation of the modes and sites in which these many different forms of state interventionism have been exercised. Whether this represents a continuation of the tendencies towards an ‘exceptional state’ evident since the 1970s or a shift of conjuncture (what Gramsci called ‘a relation of forces in continuous motion and shift of equilibrium’) remains an open question.
Of course, the question of the neo-liberal state cannot be judged from the coercive end of the spectrum alone, critical though that evidence is. If you track the argument from the perspective of the state alone, which is by definition a coercive formation, there may be a danger of exaggerating the coercive aspects at the expense of others. What Gramsci called the dual perspective — ‘the dialectic between force and consent, authority and hegemony, violence and civilization’ — is always in play, even when the balance tilts or lurches ‘exceptionally’ towards one or other end of the scale. The construction of consent is neither a powerless nor a benign process. Rather, the force/consent dialectic marks the distinction between two kinds of power — between a reliance on coercive dimensions, and a form of ‘hegemonic power’ which, of course, always has its coercive aspects. The latter has real effects, and the state is massively involved in it: for example, in restructuring institutions around the market forces principle, giving capital access to every aspect of public and social life, saturating society from end to end with a ‘free market’ common sense which is visible today in every department of society, and educating society to meet the needs of that ‘new type of civilization and citizen’ [sic] required by capitalist globalization.
Moreover, any question of the neo-liberal state must include the liberalization of the economy and economic life, which has been the centre of the shift towards neo-liberalism. Paradoxically, what is called ‘light regulation’ has been one of the preferred modes of regulation in the economic area, in letting market forces have an unfettered freedom to operate: just ‘light touch’ enough to keep markets open, free and in good [Page xviii]working order; to oblige them to be competitive for the sake of the free market system as a whole; opening up the free movement and operation of capital, domestically and globally, its freedom to exploit labour differentials and resources everywhere, to invest anywhere, to bank off-shore, to keep operations off-account, and to increase the value of its assets through the unlimited expansion of risk and debt. The state here maintains weak regulatory systems, seductive low taxation regimes, ‘rolling back’ any impediments to the corporate rich to make money, increase share value and profitability; and incidentally facilitating the rise of the richest global super-class the world has even seen.
We have in fact seen two versions of this kind of neo-liberalism. Under Thatcherism, the emphasis was on economic liberalization and privatization of public assets and the dismantling of the mixed economy: with the more coercive side deployed to undermine and break the collective defences and constraints on market forces (for example, the criminalization of opposition in the miner's strike). Its leading edge was ‘privatization’. In broad principle, New Labour (Blair and Brown) have been converted to and loyally followed through this economic liberalization approach. But it focused its attention on the management of society — a more regulatory social regime altogether. This has included the ‘entrepreneurialization’ of public life, the public sector, public services, government and social institutions and expanding the regulation of civil society and of social and individual behaviour. It has replaced ‘privatization’ with the broader process of ‘marketization’ — fatally blurring the distinction between public and private, and allowing private interests to warren and hollow out public institutions from the inside; erecting markets as the only measure of efficiency and value and destroying the very idea of ‘the public’. Marketization involves the obligation on all social institutions to comply with the obligation to re-model themselves on the private market, adopt market disciplines and ways of calculating value.
Of course, adding an economic dimension does not resolve the question of the neo-liberal state either. These issues are too complicated to be answered fully here. What is important is that State, Power, Crime poses this question of the nature of the neo-liberal state sharply and clearly. It adds a wealth of evidence which must be taken into account in answering it and provides a range of conceptual formulations which point towards a resolution. In this way, though it differs from Policing the Crisis in mode, form of analysis and conjuncture, it shares the aspiration not to be trapped in the empiricist shallows but to test the deeper waters where the questions are worth asking. I salute its courage.
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