This article demonstrates how the broader social development to understand behaviour and personhood as shaped by neurobiology forms a predominant narrative among police officers. Drawing on an ethnography of the Dutch police force and 73 interviews with officers, I examine first how they use neurobiological terms to describe and account for their embodied sensations as well as civilian behaviour. Second, I describe the functions these narratives have, that is, why officers use them. Finally, I show how neurobiological discourses (...) are learned and (re)produced during training. Results indicate that officers invoke neurobiology both as facilitator of and explanation for action. The latter raises questions as to what extent neurobiological discourse obscures police responsibility and accountability. A more thorough understanding of how neurobiological discourses are used to understand and account for actions is relevant, given the growing pressures on public professionals to legitimise their work. (shrink)

This paper is aimed at assessing how power, control, and resistance come into play and how resistance counteracts power and control in police investigative interviewing. Considering that the Philippines was once a colony of the United States, it is essential to compare the two samples as the Philippine legal system is highly patterned after the American jurisprudence (Mercullo in JForensicRes 11:1–4, 2020). Highlighting the existing and emerging power relations between the police interviewer and the interviewee, the study employed (...) Sacks, Schegloff, and Jefferson’s ( Recuenco, A. (2022). Cops to undergo investigation retraining to improve conviction rate. Manila Bulletin. https://mb.com.ph/2022/07/21/cops-to-undergo-investigation-retraining-to-improve-conviction-rate/ ) Conversation Analysis (CA) and Fairclough’s (Ehrlich in Coulthard and Johnson (eds), The Routledge Handbook of Forensic Linguistics, Routledge, 2010) Critical Language Studies (CLS) as general frameworks. A total of 10 Philippine and American police interviews were examined. While the Philippine corpus was obtained from the Pasay City Police Station, Metro Manila, the American corpus was culled from forensicling.com, an open-access website containing forensic linguistic data. Findings revealed that power and control were employed by the police in both contexts with 109 evidential markers (50.7%) and 2,443 representative speech acts (63.3%) having the highest frequency of occurrence. What is striking is the fact that police officers in both Philippine and American contexts show power and control in their utterances to be able to achieve the goal of police interviewing, that is, to gather information and elicit voluntary responses from the interviewees. Through this study, it is hoped that interviewers will be able to explore a better system of the questioning process that may lead the interviewees to cooperate more with them and arrive at a more accurate information. (shrink)

The Islamic Republic of Iran punishes homosexuality with death but it actively recognizes transsexuality, and partially funds sex change operations. This article aims to examine how this seemingly progressive stance on transsexuality is connected to the IRI's larger oppressive apparatus of gender. It will first provide an overview of the cultural politics of gender and sexuality under the Islamic Republic's rule, and will then discuss the confluence of religious and medical literatures that led the Islamic Republic to adopt its new (...) discourse on transsexuality despite – or perhaps rather because of – its sex/gender politics. The article does not deny that this emerging discourse has been somewhat empowering for those transsexuals who genuinely desire surgical transformation. But empowering as it might have been for such transsexuals, the emerging discourse is still deeply troubling since it systematically regards homosexuality and more generally any sexual or gender non-conformity as unintelligible, perverse, and punishable by law, except for those willing to transform their "wrong bodies." The article will, therefore, demonstrate that the IRI's permission of transsexuality and sex change operations is motivated by a goal that is more about assimilating gender atypical individuals into the heteronormative order than about broadening horizons for sex/gender possibilities. The article ends by discussing how this discourse is making non-surgical trans/multi-gendered identity illegible and illegitimate not only as a publicly recognized possibility, but also with regard to transpersons' own self-perception and self-constitution of their gender and sexual subjectivity. (shrink)

A police interrogation is goal-oriented, conventionalized with repeated and distinctive features of institutional discourse that arise from its communicative purpose as identified by police officers of the professional community. In China, the written notes of police interrogations are indispensable documents in the prosecution process and are presented as evidential confessions. By comparing the two versions of police interrogations – the written notes and the oral interrogation, that is, the tape-recordings, the paper finds that the written (...) notes do not accurately reflect the whole question-and-answer process. Based on the concept of genre and taking oral police interrogation as a genre in legal settings, this present study regards the written notes as a transgenre, a body of translated legal documents that do not fully comply with textual conventions of either the source or the target text. The present study examines the generic structure and lexical-grammar features of the written notes and the tape-recordings to unravel the transfer inside the genre of police interrogations. From the perspective of semiotics, the paper explores the constraints of other sign systems, such as law, professional culture, and socio-culture on transgenre in police investigative settings. (shrink)

This paper traces the contradictions of liberal ‘police’ power from Hegel’s analysis of modern polizei to a Foucauldian analysis of the 2011 judicial ruling on the police eviction of Occupy Wall Street protestors from Zucotti Plaza in New York. In the first section, I develop insights from Hegel and Foucault’s analysis of the contradictions of liberal police, whereby power in liberal government incorporates an ‘internal principle of limitation’ that distinguishes it from the unlimited internal objectives of the (...) European police state, while finding itself constantly violating its own internal normative principles. In the second section, I situate liberal police within Foucault’s history of police and the development of a political economy of the poor. In the third section, I challenge Foucault’s own portrayal of liberal police as ‘self-limiting’ in the 1978-79 lectures, through a detailed examination of ‘police’ in the life and thought of Benjamin Franklin. In the final section, I draw upon this historical background of police to analyse the police power jurisprudence laid out in the 2011 Waller v. City of New York ruling on the police eviction of protestors from Zucotti Plaza. Here, I argue that the ruling allows us to see how the discourse of ‘police power’ claims to uphold a (neo)liberal economic-juridical order, while at the same time functioning as a mechanism of repression and security against the ‘dangerous’ (democratic) element within the polity. (shrink)

In the mid-19 th century, increases in global migration and mobility produced a discernable rise in the number of ambiguous absences. This shift, combined with a novel expectation, linked to improved communications technology, that such absences might be resolved engendered the emergence of missing persons as a social category. A demand on the part of families of the missing that the state aid in their location would produce a Bourdieusian classification struggle over how to define and categorize this new mass (...) of absences. At issue would be whether an ambiguously absent individual was merely absent, as a routine component of social life, or whether the individual merited legitimation by the state as a new form of deviant: a "missing" person. Scholars have described the emerging administrative state’s enhanced powers of surveillance and classification and its persistent inclination to render their populations, in James Scott’s phrase, “legible.” Brought to the attention of the state, missing persons represented a body of people who had conspicuously fallen out of official sight. Yet, instead of attempting to fix this omission by gathering additional information on the lost — to, in effect, see the missing — as theories of the state would lead us to expect, the state chose to look away. In the United States, the state, in the form of municipal police departments, resisted classifying absences as cases of missingness and pushed back against families’ requests for aid. Leveraging the inherently ambiguous characteristics of the missing, the state promoted a definition of missing persons that conveniently freed it from the burden of managing an unmanageable population. In this article, drawing from archival data, I challenge prevailing theories of the modern state that emphasize its avidly classificatory nature by offering a case in which legibility was strategically withheld and a population was, in service of state interests, intentionally obscured. Only after the state lost its symbolic monopoly and the category was raced and gendered, becoming, in public discourse, associated with a socially valuable demographic – namely, young, white women – would the state, facing a threat to its legitimacy, deem the missing as worthy of being seen. (shrink)

In the last 25 years increased violence against Black Americans by police and white vigilantes has led to a resurgence in lynching discourse. This article examines two strains of twenty-first century lynching discourse in America with attention to questions of historical erasure and racial appropriation. The move from justificatory discourses of lynching to rhetoric stigmatizing its practice led to two distinct discursive forms: a rhetoric of memorialization that reads Black women as part of the lynching archive and (...) a rhetoric of white aggrievement and victimhood that leverages the moral authority of Black trauma to evade justice. By mapping the shift from justificatory discourses of lynching and rhetoric professing its ‘end’ to discourse memorializing victims and rhetoric professing lynching’s persistence, this article illumines how the term lynching circulates in the twenty-first century American discourse. (shrink)

Despite recommendations for a more reflexive and theoretical turn to interviewing, the analysis of language and speech still occupies center stage. This study attempts to advance our understanding of the interview by including the use of gesture, gaze, and other embodied resources in concert with speech. Looking at a focus group interview evaluating community policing policy, I show how inclusion of embodied conduct offers a more robust approach to co-constructed meaning in the interview than looking at language practices alone. More (...) explicitly, I investigate how an interviewee’s narrative includes gestures to solicit an affiliative stance from other interviewees and how ambiguous metacommunicative norms in the focus group influence the contributions of other police participants. I show how jurisdictional boundary and professional identity emerge in and through the integration of embodied conduct and sociocultural solidarity. (shrink)

Based on a 3-year ethnography on crime prevention of the police in Germany, this article analyses how the police incorporate youth in their de-escalation work preceding an annual demonstration on the 1st of May. A multimodal conversation analysis of work meetings traces how membership categorisation and assumption of social responsibility change: over the course of several months the police turn initially reluctant youth who the police at the outset considered ‘troublemakers’ into their ‘helpers’. They build an (...) alliance by working with youth centres, influential people from the neighbourhood and participants of the previous year’s project. Whereas the police are the driving force at the beginning of the project, on the day of the demonstration they remain in the background and merely supervise the youth. This sequential development is discussed as a precarious process of disciplining the youth, driving the formation of a neighbourhood community and encouraging political consensus in society. (shrink)

Examining racial profiling in American policing, Naomi Zack argues against white privilege discourse while introducing a new theory of applicative justice. Deepening understanding without abandoning hope, Zack shows why it is more important to consider black rights than white privilege as we move forward through today's culture of inequality.

Much of the discourse surrounding plagiarism is one of fear—a fear of being caught and punished, but many plagiarism examples happen unintentionally as students struggle with a new language, new ideas, and new communities in tertiary education. Specifically, many students are challenged with the task of writing a research paper, which involves finding academic sources, reading those sources to answer a research question, and integrating direct quotations and paraphrasing. Because novice writers often struggle with these skills, what is a (...) developmental stage is instead interpreted as plagiarism. Much of the discussion of plagiarism involves implicit and explicit definitions of ownership, but there is little research about how students understand the concept of ownership in relation to ideas and language. In this qualitative study, we present data from 18 international students at an American-style university in the Middle East who write an introductory research paper as part of a composition course. Results show that perceptions of plagiarism changed in relation to owning ideas, owning language, and owning time spent on the research process and that distinguishing these boundaries is often difficult for students even within their own final research papers. We suggest teaching more robust note-taking strategies, discussing ownership in terms of a writer’s choices in guiding readers through the paper, and creating an environment where students can understand the complexities of plagiarism rather than simply fearing being caught. (shrink)

Abstract:For many people, the media is the main source of their knowledge and understanding about policing and crime. As a result, a common thread running through content analysis of television police shows is the gap between the “reality” of police work, crime, criminals, and the justice system and the picture painted by media representations. I argue, however, that all representations of social reality are partial and that commercial imperatives, working processes, ideological frames of the makers, and format of (...) individual shows shape and constrain the stories told. Given that police shows can never be totally authentic, I argue that scholars should be exploring the symbolic value of these shows, the types of discourse produced, and whether such shows habituate viewers into ways of thinking about crime and punishment that may be excessively simplified. (shrink)

This article explores the construction of offences as ‘accidental’ in police-suspect interactions. The data comprise audio-recorded investigative interviews, which were analysed using conversation analysis. In these interviews, suspects often do not explicitly state the nature of their defence when answering police officers’ questions; instead, suspects’ defensive practices or techniques are embedded in the narrative accounts they give of what happened, thus exhibiting rather claiming their ‘innocence’. My focus here is on a particular type of defence, namely, one in (...) which suspects portray an event as having been ‘accidental’. I show that this defence of ‘accident’ is associated with several discourse features including: building a plausible and trivial context in which the untoward incident occurred, describing the untoward action or series of actions, using impersonal or agentless constructions, and representing the disproportionality between the putative victim’s reaction and the aggressor’s untoward conduct. The accountability of these descriptions, however, does not rely on one unique feature, but rather on suspects’ ability to combine these features in such a way that each establishes the grounds for others. (shrink)

Previous studies have addressed many different kinds of confessions in police investigations – real, false, coerced, fabricated – and highlighted both psychological and social mechanisms that underlie them. Here, we focus on inadvertent confessions and admissions, which occur when a suspect appears to be confessing without being fully aware of doing so, or when police officers believe they have a confession or admission of guilt when in fact this is not the case. The goal of the study is (...) to explain when, how and why these confessions and admissions occur as well as how they are dealt with in two different jurisdictions, the United States and the United Kingdom. We use a discourse analysis approach because inadvertent confessions and admissions of guilt are the product of miscommunication – they happen because the speaker’s meaning and the hearer’s meaning are misaligned. The data consist of 50 interviews from the United Kingdom and 50 interrogations from the United States with both English-speaking and non-English speaking suspects. Our results demonstrate that inadvertent confessions can occur in both locales due to reliance on inference, which is inevitable since inference is the backbone of any human communication, as well as due to additional factors such as linguistic, cultural and procedural issues. We found that these phenomena are more frequent and less well controlled for in the United States context due to no systematic checking of understanding, adversarial questioning techniques and an absence of legal representation, and lack of professional, high-quality interpreting. We discuss the implications of our findings for current efforts to improve access to justice, custodial procedures and language services, and we make recommendations for the implementation of our research in professional practice. (shrink)

Black mothers often are responsible for teaching their children how to respond to police violence. Through 30 in-depth interviews with black mothers from diverse social class backgrounds, I investigate how they address the gendered racial vulnerability of their children in the “police talk,” a socialization practice designed to prepare children for police encounters. I identify mothers’ primary discourse as “the making it home” framework, which encapsulates in parent–child socialization their use of double consciousness around the (...) class='Hi'>police. This framework marginalizes girls’ experiences in three ways: it conceptualizes boys as the primary targets of police, while constructing girls as collateral targets of police violence; it emphasizes masculine forms of violence; and it is directed almost exclusively at boys. An intersectional analysis is applied to redress the limitations of the police talk and to highlight the need for structural reforms to recognize and combat police violence against black women and girls. (shrink)

Public criminology is concerned with public understandings of crime and policing and public discussions of such matters by criminologists and allied social scientists. For the purposes of this paper, these professionals are individuals identified by journalists on the basis of academic credentials or university affiliation as those who can speak to crime matters. This qualitative study investigates media statements made by criminologists and allied social scientists following the 2020 murder of George Floyd with two questions in mind: How have they (...) responded to debates over reforming, defunding, and abolishing police? What insight can these responses provide about public criminology more generally? I analyze statements offered by criminologists in news reports and on Twitter using Qualitative Media Analysis, an approach that emphasizes the processes through which discourse is presented to audiences. I argue that recent criminological debates in the media concerning the future of policing have exposed unresolvable tensions among scholars who engage in the practice of public criminology, suggesting that the public is not receiving coherent, authoritative messages about these issues. The findings also raise questions about public criminology and illuminate new concerns regarding scholarly expertise related to knowledge claims and credibility relative to social justice. (shrink)

Discursive psychology approaches discourse not as the product or expression of thoughts or mental states lying behind or beneath it, but as a domain of public accountability in which psychological states are made relevant. DP draws heavily on conversation analysis in examining in close empirical detail how ostensibly psychological themes are handled and managed as part of talk’s everyday interactional business. A brief worked example is offered, in which the intentionality of a person’s actions is handled in the course (...) of police interrogation, in ways that perform police work. Degrees of intentionality are partialled out with regard to specific actions or components of actions, and with regard to how actions are described in ways that map onto how crime categories are defined in law. Cognitive states are generally relevant in discourse in the same manner, as participants’ concerns with regard to action categories and accountability on and for the occasions they are invoked. (shrink)

When citizens call the police to report a problem with another, they need to not only characterize the problematic action/event, but they must position themselves in relation to the complained-about person. This conversational work of positioning self, and describing the other's actions, is delicate business when the complained-about person is connected to the caller. Different constructions of the other and the problem affect whether callers get the help they are seeking. At the same time, alternate constructions offer different pictures (...) of the other's blameworthiness and self's contribution to the problem. In this study we analyze citizen calls to the police in which callers have a dilemma: they have a problem with another that they want remedied but the problem occurs in a situation where involving the police is regarded as unreasonable. Past research on calls to the police, and studies about how people position their own and others' actions in sensitive situations are described. Then the materials and interpretive method are explained. The heart of the article is a description of four relational positioning strategies. Strategies include: generic reference terms; `friend' to imply a non-sexual relationship; ex-prefaces; and agent-less problems. The conclusion considers where else the dilemma will be found and highlights distinctive features of the rhetorical discursive perspective developed in the article. (shrink)

This paper reflects upon the adoption of Lesbian, Gay, Bisexual, Transgender and Intersex rights discourse and imagery in police public relations and problematises the construction of police as protectors and defenders of gay liberties and homonormative life. Building from a foundational conceptualisation of policing as a racial capitalist project, it analyses the phenomenon of police rainbow branding practiced in nominally public spaces, such as Pride parades, and online through news media and social networking sites. Drawing on (...) critiques of queer liberalism and complicities with state violence, the paper explores the contours of carceral homonationalism, arguing that ‘officially anti-homophobic’ police image work attempts to obscure the role of the carceral state in producing sexual and gender oppression. However, this image work has also given rise to new forms of political action. Counter-movements against police and ‘carceral pride’ are actively reworking the distributions of space and visibility within LGBTI movements. (shrink)

B-events are matters which are better known to listeners than to speakers. This paper studies the detectives’ use of B-event statements in two different environments in their interactions with suspects/witnesses. The first type of environment are relatively co-operative sequences during which the aim is the reconstruction of events and constructing the record; here, B-event statements are realised as confirmation seeking questions. The second type of environment, a hostile interactional environment, is composed of argumentative sequences in which detectives aim to determine (...) who are the perpetrators of crimes; in these sequences, the detectives’ B-event statements are realised as accusations. While performing the two activities, the detectives signal different epistemic levels and stances at the turn level. Thus, the former B-event statements are mostly epistemically downgraded, while the latter are mostly upgraded, in order to facilitate undertaking these different activities during police questioning. (shrink)

Governments and majoritarian political formations often present police violence as nationalist media spectacles, which marginalize the rights of the accused and normalize the discourse of majoritarian nationalism. In this study, we explore the public discourse of how the State and political actors repeatedly labeled a college-going student Ishrat Jahan, who died in a stage-managed police killing in India in 2004, as a terrorist. We draw from Derrida’s ethics of unconditional hospitality to show that while police (...) violence is aimed at constructing safety for the cultural majority, in reality, it reveals discourses of anxiety and precariousness. The unethicality of police violence lies in the enlargement of recognition in vicariously blaming the person who has been killed for being involved in several terror attacks. We show that police violence is premised on the temporal structure of majoritarian nationalism, the prevalence of gender inequity, and the call to breach the secular framework of law. (shrink)

This article analyzes narratives about encounters between police officers and domestic violence victim/survivors in the context of domestic violence calls. Narratives are sites in which individuals create relationships between themselves and others, oriented around a set of unfolding events. Narrative is a motivated, engaged retelling of prior or anticipated events produced in interaction with others, in a particular context stocked with constraints and affordances. In the process of telling stories, identities emerge. In order to understand the relationship between narrative (...) and identity, I analyze stories told about police interactions with domestic violence victim/survivors from the perspectives of both the police and the victim/survivors. Working empirically with a data set of 48 interviews, I use critical discourse analysis and discourse analysis to analyze the ways both groups narrate domestic violence and confrontations with police officers, the ways they create story worlds stocked with characters, the ways story characters are formed and deployed, and the ways those characters are positioned against/with/by the storyteller, allowing the storyteller’s identity to emerge. This article is an analysis of the relationship between the storyteller and the story world and the storyteller’s process of constructing an/other in order to position in relation to that other. Ultimately, I argue that identity emerges for the storyteller in the way she or he constructs characters in a story and then positions in relation to those characters. (shrink)

These days it is widely agreed that there is no such thing as absolute motion and rest; the motion of an object can only be characterized with respect to some chosen frame of reference.1 This is a fact of which many of us are well-aware, and yet a cursory consideration of the ways we ascribe motion to objects gives the impression that it is a fact we persistently ignore. We insist to the police officer that we came to a (...) full and complete stop at the stop sign, we fret that traffic is moving too slowly, we observe that the sun has dropped below the hills on the horizon, all without ever saying which frames of reference we have in mind. (shrink)

A major part of police work consists in providing services and information to the general public. A stated goal of such police work is to be service-minded and contribute to a positive encounter. This article analyses service requests in calls to the duty desk of a large police station and focuses on how officers deal with requests that have to be rejected. It reveals a general pattern in which officers produce the rejection in a dispreferred format and (...) include displays of empathy, accounts for the rejection and suggestions for alternative solutions. However, in certain types of requests the rejections are not infrequently produced in a direct and unmitigated fashion, without accounts or explanations.This is especially notable in requests that touch upon institutional constraints, such as professional secrecy. And in certain cases the rejections are even delivered in an aggravated form, involving an explicit or implicit challenge to the legitimacy of the request. These rejections cast the caller in an oppositional role, infringing the professional constraints of the police. However, the constraints in question may not be accessible to the callers. The officers will consequently be experienced as hostile and will subvert their own objectives of showing service-mindedness. (shrink)

Two uses of the modal verb would in police interrogation are examined. First, suspects use it to claim a disposition to act in ways inconsistent with whatever offence they are accused of. Second, police officers use it in challenging the suspect’s testimony, asking why a witness would lie. Both uses deploy a form of practical inferential reasoning from norms to facts, in the face of disputed testimony. The value of would is that its semantics provide for a sense (...) of back-dated predictability with regard to the actions in question. Further, although police officers provide minimal acknowledgement of suspects’ uses of the term, suspects tend to provide a response when police officers use it. This difference is explained by the different actions being done in each case - normative self assessments by suspects, and challenges by police officers - and their interactional and institutional relevance in and for police pursuit of factual testimony. (shrink)

We examine the asking and answering of `silly questions' in British police interviews with suspects, the courses of action SQs initiate, and the institutional contingencies they are designed to manage. We show how SQs are asked at an important juncture toward the ends of interviews, following police officers' formulations of suspects' testimony. These formulations are confirmed or even collaboratively produced by suspects. We then examine the design of SQs and show how they play a central role in the (...) articulation of suspects' reported `state of mind', and particularly attributing to them criminal intentions constitutive of the offence with which they may be charged. In cases where SQs do not produce unambiguous answers about `state of mind' or intentionality, police officers move toward direct questioning about suspects' intent, thus making explicit the project of SQs in such interviews. Following SQ—Answer sequences, police officers reformulate suspects' testimony, with subtle but crucial differences with regard to suspects' knowledge state and criminal intent. Suspects overwhelmingly align with police officers' formulations of their testimony, and such agreements have the interactional shape of affiliation. Yet SQs may work in ways that are institutionally adversarial with regard to criminal charges, relevant evidence and self-incriminating testimony. (shrink)

Different institutional tasks are accomplished in the Dutch police interrogation: from filling in required paperwork, to getting the confession on paper, to editing the text of the written statement. All these different phases have different goals and go hand in hand with different typing practices. The intertwining of these activities in the various phases of the police interrogation is of interest because it demonstrates that these two activities and the way they influence and structure each other in interaction (...) are related to the institutional goal of that phase. Subsequently, this may have an effect on the product that is being constructed – the police record. (shrink)

Gaze is a central mechanism for the entry into and coordination of face-to-face interaction. As such, persistent and sustained gaze withdrawal may indicate significant troubles in an interaction. This article examines how two police officers, in seeking to calm a hysterical woman whose grandson has been shot, treat her refusal to gaze at them as a central component of her persisting hysteria. Toward the end of getting the woman to calm down, one officer seeks her return gaze using embedded (...) and exposed methods of gaze pursuit. These methods work on a continuum in which, at one end, a turn at talk can be preserved as the main activity, while at the other end, the main activity becomes remedying the interactional trouble. These methods address different interactional relevancies having to do with 1) being a listener to a speaker, 2) being a recipient of a directive action, and 3) a basic obligation to comport oneself as at least minimally aware and responsive when targeted by the actions of co-present others. (shrink)

The article analyzes an interactional form of tunnel vision or cognitive bias in a series of mundane police–suspect interactions. The data come from a murder case in which the suspect, later convicted and then released from prison with the help of the Wisconsin Innocence Project, frequently calls police detectives to inquire about his confiscated van. As he is operating in a context in which accusations are rarely made explicit, we highlight the suspect’s use of a complaint-denial device to (...) tacitly claim innocence. The police respond by focusing on the complaint rather than the denial part of the device. The use of the complaint-denial device is compared to more formal inquiries in which accusations are overt. We discuss the implications of a sociological understanding of cognitive bias – how it may operate in practices of talk and social interaction during informal encounters – for other criminal justice settings. (shrink)

La force créatrice du discours que décrit Taylor permet-elle aux subordonnés de parler en leur nom propre? Pour répondre à cette question, j’emprunte au concept de politique de Jacques Rancière. J’affirme que la distinction de Taylor entre HLC et HHH ressemble à celle qu’établit Rancière entre «politique» et «police». Toutefois, parce que la force créatrice du discours réitère l’ordre humain, elle n’est pas politique en elle-même. J’aborde l’exemple de la relation «avunculaire» présenté par de Taylor pour illustrer à quel (...) moment la force créatrice peut s’avérer, ou non, un fondement de la politique. (shrink)

In this analysis I apply a Foucauldian approach to ethics to examine the politically prescribed moral and ethical character required of carers of aged persons at home in Australia and the role of nurses in shaping these behaviours. The work that spousal carers provide, although often founded on love and/or obligation, has been formalized through a variety of policy initiatives and technologies that serve to construct the moral approach they must adopt. This shaping of conduct at the most personal level (...) takes place through the application of codes of behaviour policed largely by nurses. These codes redefine the mode of coexistence between an aged husband and wife and propose a new form of relationship that is derived from and supports policies of the deinstitutionalization of care services for elderly persons. In this way modern carer policy has drawn on knowledge and governance of the self to produce a morality of caring that is both authoritative and scientific. (shrink)

조선 시대 유학자들의 노자 담론은 ‘벽이단론’과 ‘이유석도’의 관점에서 진행된다. 이들 관점은 주자에 의해 최초로 제기되었다. 따라서 조선의 유학자들은 주자학의 관점으로 노자 담론을 형성했다고 볼 수 있다.BR 왜 조선 유학자들은 주희의 노자 담론에 따라 노자 담론은 재생산하는가라는 문제를 제기할 수 있다. 이에 대한 대답은 철학적으로 다루지지 않았다. 이 문제를 철학적으로 해명하는 것이 이 논문의 목적이다. 이 문제를 해결하기 위해 미셸 푸코의 담론이론을 적용해 논의를 진행해 보았다.BR 그 결과 주희 자신이든 조선 유학자이든 간에 노자 담론의 생산에서 권력이 작동하고 있음을 확인할 수 있었다. (...) 그 권력은 이단 담론의 생성과 전개에서 작동된 저자의 원리, 동일성의 놀이, 담론의 경찰로 작동하고 있었다. 동일성의 놀이로 제시된 이단 담론은 맹자와 주희에게서 기원한 이단 담론이며, 담론의 경찰로서 제시된 원리들은 노자의 주석을 다양한 입장에서 생산하더라도, 결국 그 주석에 부과되는 통제의 원리로 작동하고 있었다.BR 좀 더 구체적으로 말하면 첫째, 유학자들은 오도(吾道)를 부지(扶持)하기 위한 ‘진위의 대결’의 과정에서 노자 담론을 생산한 것이었다. 둘째, 유학 내부의 담론에서 제기될 수 있는, 유학적 관점에서 통제되지 않는 노자 담론이 생성되는 것을 제한하기 위해 동일성의 놀이라는 방식으로 노자 담론을 제한한 것이다. 통제되지 않은 노자 담론을 제한하고 지배하기 위해, 다시 말해 유학에서 벗어나 노자 담론 자체를 생산하는 것을 제한하기 위한 권력의 행사인 동일성의 놀이로서 노자 담론을 생산한 것이었다.BR 결론적으로 정리하자면, 조선 유학자들의 노자 담론은 그것을 제한하고 지배하고자 한 담론 권력이 행사되고, 담론의 경찰과 담론의 동일성이 작동된 결과이다. 이는 벽이단론에서도 나타나고 노자 주석서들에서도 나타난다. 조선 유학자만의 독특한 노자 담론은 존재하지 않는다. 조선 유학자들의 노자 담론은 주희의 이단 담론에 대한 규정에 따라 ‘시원으로서의 원리’, ‘영역들’, ‘방법들’, ‘명제들’, ‘규칙과 정의들’을 충실히 따르고 있기 때문이다. 이는 이단 담론에 적용된 권력이 우연을 지배하려고 하고, 위험을 제거하기 위해 작동하고 있었기 때문이다. (shrink)

Media, police, and educational responses to nonconsensual pornography (i.e. ‘revenge porn’) have been critiqued for relying on sex negative beliefs that result in victims of this act being blamed and shamed for their own victimisation. In this article I analyse judicial discourse in nonconsensual pornography case law to assess the extent to which sex negativity is embedded in legal responses. I find that, while overt victim blaming and shaming is not present in the judicial discourse, subtle forms (...) of sex negativity are expressed in a minority of cases through references to consensual youth image sharing as inappropriate and through the framing of reputational harms. I argue that it is essential for legal responses to not only avoid sex negative narratives (as most currently do) but to actively reveal and counter the sex negative beliefs that underlie many of the harms associated with nonconsensual pornography. (shrink)

The Policing and Crime Act 2009 introduced radical reforms relating to the regulation of sex work. In particular, section 14 criminalised paying for sexual services of a prostitute subjected to force. This article will provide a close and critical reading of the official texts relating to this new offence through a discourse theory developed from the work of Judith Butler. Drawing upon Butler’s insights, it will be argued that the official texts relating to section 14 problematically construct the subject (...) of prostitution in a way which maintains and perpetuates certain partial and idealised identities. However, it will be argued that the law will inevitably fail and that more inclusive and productive measures need to be adopted in order to deal effectively with prostitution. (shrink)

ABSTRACT The performance Un violador en tu camino [A rapist in your way] created by the Chilean feminist collective Las Tesis received global media attention during the 2019/2020 Chilean protests against inequality and human rights violations. Drawing on insights from Feminist Critical Discourse Studies, Corporeal Sociolinguistics and Multimodal Critical Discourse Studies, we analyse three video recordings of Las Tesis’ performances in three capital cities in Latin America: Santiago, Buenos Aires, and Mexico City. We study how sounds, lyrics, body (...) movements, and accessories work together to defy institutional, material, and symbolic violence against women. We also analyse how intertextual strategies in the Santiago/chilean performance and their recontextualization in Buenos Aires and Mexico City were employed to resist structural patriarchal norms. The analysis reveals that through an adaptation of the song lyrics and the performances, the following social actors are explicitly identified as the instigators of violence against women: the police and the President, judges opposed to the legalization of abortion and the Catholic Church. This study advances understanding of feminist emancipatory and resistance discourses in Latin America. (shrink)

‘Police arrested suspected criminals in a satanic place masquerading as a church … There is no church there, but there is Satanism … Those people are not praying for anything, but they have hypnotised abantu [people]’. Informed by a decoloniality lens in relation to motifs such as coloniality of power and knowledge and being, I argue that mafiarised religions in South Africa thrive through psychic capture theology. Some emerging religious movements subject their followers to unthinkable practices, which makes outsiders (...) question the way in which both religious leaders and adherents operate outside the conventionally accepted practice of religion, and, instead, indulge in practices characterised by manipulation, corruption and mental destabilisation. I respond to two questions: What are the trajectories of a religion that zombifies, and how can the social pathologies of psychic capture theology be addressed? I respond to these questions with special reference to the Seven Angels Ministry and Penuel Mnguni. I argue that some emerging ministries strive to destroy the psychic ability of adherents, to achieve strategic distance that dehumanises, removes people from the zone of being, and causes them to question their ontological density. I end the article by arguing that there is a need for religion to be regulated, and reintroduced, to challenge religious mafias that thrive through mental destabilisation. In doing so, religion can be reconfigured and have relevance in a postcolonial state, such as South Africa, especially in contexts where the rationale of religious discourses is questionable.Contribution: The article contributes to knowledge in the sense that it calls for religion to be problematised and reconstructed within education and sociological space when it dehumanise and removes people from the zone of being. Through this approach, the article fits with the scope for the journal that calls for interdisciplinary approach to the study within the international contexts. (shrink)

ABSTRACT In this paper we explore how a public national media outlet, the British BBC, represents an international legal case which has a highly political nature. The case is US versus Huawei/meng Wanzhou, which took place between 2018 and 2021. Accusations were that the Chinese technology company committed fraud, leading the global HSBC bank to breach US sanctions against Iran. The charges were made by the US using what is called an ‘extraterritorial law’, which, while rejected as law by governments (...) around the world, is policed by US economic powers and control over international finance. Using Critical Discourse Analysis we show that, while the BBC presents much detail of legal process, the actual nature of the law the US uses to bring criminal charges against international companies and banks, is neither considered nor questioned. Our interest is how such a law, which has a huge influence over global trade and politics, is presented to the public in this particular case. We contribute to the position that the nature of laws, how they are used and known, must always be understood within the prevailing discourses of the moment. (shrink)

In crisis situations, the authority of the nurse is legitimised by legal powers and professional knowledge. Crisis stakeholders include those who directly use services and their families, and a wide range of health, social service and justice agencies. Alternative strategies such as therapeutic risk taking from the perspective of socially inclusive recovery policy coexist in a sometimes uneasy relationship with mental health legislation. A critical discourse analysis was undertaken to examine mental health policies and guidelines, and we interviewed service (...) users, families, nurses and the police about experiences of accessing services. For those who attempt to access services early in crisis, as is suggested to lead to a better outcome, provision of services and rights appear to be reversed by an attempt to exclude them through practices that screen them out, rather than prioritising a choice in access. (shrink)

We are experiencing a historical moment characterized by unprecedented conditions of virality: a viral pandemic, the viral diffusion of misinformation and conspiracy theories, the viral momentum of ongoing Hong Kong protests, and the viral spread of #BlackLivesMatter demonstrations and related efforts to defund policing. These co-articulations of crises, traumas, and virality both implicate and are implicated by big data practices occurring in a present that is pervasively mediated by data materialities, deeply rooted dataist ideologies that entrench processes of datafication as (...) granting objective access to truth and attendant practices of tracking, data analytics, algorithmic prediction, and data-driven targeting of individuals and communities. This collection of papers explores how data is figuring in the making of the discourses, lived realities, and systemic inequalities of the uneven impacts of the coronavirus pandemic. (shrink)

Several widely publicized incidents of academic research misconduct, combined with the politicization of the role of science in public health and policy discourse (e.g., COVID, immunizations) threaten to undermine faith in the integrity of empirical research. Researchers often maintain that peer-review and study replication allow the field to self-police and self-correct; however, stark disparities between official reports of academic research misconduct and self-reports of academic researchers, specifically with regard to data fabrication, belie this argument. Further, systemic imperatives in (...) academic settings often incentivize institutional responses that focus on minimizing reputational harm rather than the impact of fabricated data on the integrity of extant and future research. (shrink)

Today, a major technological trend is the increasing focus on the person: technical systems personalize, customize, and tailor to the person in both beneficial and troubling ways. This trend has moved beyond the realm of commerce and has become a matter of public governance, where systems for citizen risk scoring, predictive policing, and social credit scores proliferate. What these systems have in common is that they may target the person and her ethical and political dispositions, her virtues. Virtue ethics is (...) the most appropriate approach for evaluating the impacts of these new systems, which has translated in a revival of talk about virtue in technology ethics. Yet, the focus on individual dispositions has rightly been criticized for lacking a concern with the political collective and institutional structures. This paper advocates a new direction of research into civic virtue, which is situated in between personal dispositions and structures of governance. First, it surveys the discourse on virtue ethics of technology, emphasizing its neglect of the political dimension of impacts of emerging technologies. Second, it presents a pluralist conception of civic virtue that enables us to scrutinize the impact of technology on civic virtue on three different levels of reciprocal reputation building, the cultivation of internal goods, and excellence in the public sphere. Third, it illustrates the benefits of this conceptions by discussing some paradigmatic examples of emerging technologies that aim to cultivate civic virtue. (shrink)

On 25 May 2020, Officer Derek Chauvin asphyxiated George Floyd in Minneapolis — a murder that was captured in a confronting nine-minute bystander video that set off a firestorm of activity on online social networks, in the streets of the United States, and even worldwide. These protests captured the collective rage, dissatisfaction, and resentment personally and vicariously experienced towards the widespread systematic injustice and mistreatment of African Americans by police and vigilantes. The scale of these protests, both online and (...) in the streets, has been estimated to have far exceeded the civil rights marches of the 1960s (Buchanan et al. 2020). Considering the widespread extent of these protests, our research aims to analyse conflictual intergroup moral dynamics in terms of the reactive attitudes expressed by distinct online communities on Twitter. This paper examines the extent to which the Strawsonian (1962) reactive attitudes framework is applicable to the Twitter discourse around the Black Lives Matter protests reignited by the murder of George Floyd. In particular, we argue that the Strawsonian framework is inadequate to understand a range of prevalent attitudes expressed in this discourse — attitudes that we call reactionary as opposed to merely reactive. Reactionary attitudes include counter-indignation on behalf of the accused rather than Strawsonian indignation on behalf of the victim of a moral wrong. We document the expression of such attitudes among the right-wing participants in the online discourse about the Black Lives Matter movement. (shrink)

Research on attachment is widely regarded in sociology and feminist scholarship as politically conservative – oriented by a concern to police families, pathologize mothers and emphasize psychological at the expense of socio-economic factors. These critiques have presented attachment theory as constructing biological imperatives to naturalize contingent, social demands. We propose that a more effective critique of the politically conservative uses of attachment theory is offered by engaging with the ‘attachment system’ at the level of ontology. In developing this argument (...) we draw on Deleuze and Guattari, making use of the common language of ethology which links their ideas to that of attachment theory. The attachment system can and has been reified into an image of the infant returning to their caregiver as an image of familial sufficiency. This has offered ammunition for discourses and institutions which isolate women from health, social and political resources. Yet Deleuze and Guattari can help attachment theory and research to be recognized as a powerful ally for progressive politics, for reflection on the movement of human individuation, and for arguing for the meaningful resourcing of those who care for someone else. (shrink)

Abstract Today’s scholarship and policymaking on business and human rights (BHR) urges businesses to better understand their human rights responsibilities and remedy them, when and if abuses do occur. Despite the public discourse about businesses and human rights, the state—as the main duty bearer in international human rights law—plays a fundamental role as the protector and enforcer of human rights obligations. Yet, the existing literature overlooks state involvement as perpetrators of abuse in the corporate context. We develop the term (...) _economic complicity_ to shed light on the state’s role in directly or indirectly abusing human rights within a corporation’s sphere of influence, such as police violence toward nonviolent protesters or granting environmental licenses without adhering to legally required community consultations. We ask: What contributes to the state’s engagement in economic complicity in corporate human rights abuses? We assess hypotheses emergent from the democratic change and development studies literatures with a unique database that includes economic complicity data from Latin America, the Corporations and Human Rights Database (CHRD). This research has important theoretical implications for the business ethics and BHR literatures, as understanding economic complicity highlights the need for business actors to avoid shirking their moral responsibilities to not only ‘do no harm’ but also to protect human rights when they are threatened by the state. (shrink)

What happens when well-defined disciplines meet or are confronted with transdisciplinary discourses and concepts, where transdisciplinary concepts are analytical tools rather than specifications of a field of objects or a class of entities? Or, if disciplines reject transdisciplinary discourses and concepts as having no part to play in their practice, why do they so reject them? This essay addresses these questions through a discussion of the relationship between philosophy – the most tightly policed discipline in the humanities – and what (...) I will argue is the emblematically transdisciplinary practice of feminist theory, via a discussion of interdisciplinarity and related terms in gender studies. It argues that the tendency of philosophy to reject feminist theory in fact correctly intuited that the two defining features of feminist theory – its constitutive tie to a political agenda for social change and the transdisciplinary character of many of its central concepts – are indeed at odds with, and pose a threat to, the traditional insularity of the discipline of philosophy. It argues, further, that feminist theory operates with what we should now recognise as a set of transdisciplinary concepts – including, sex, gender, woman, sexuality and sexual difference – and that the use of these concepts in feminist philosophy has been the most far-reaching continuation in the late 20th/early 21st centuries of the critique of philosophy initiated by Marx and pursued by ‘critical theory’. This puts feminist philosophy in a difficult position: its transdisciplinary aspects open it up to an unavoidable contradiction. Nonetheless, this is a contradiction that can and must be endured and made productive. In order to draw out the specificity of the concept of transdisciplinarity at issue the essay begins with a discussion of attempts to define inter- and transdisciplinarity, particularly in gender studies. Arguing for the transdisciplinary origin of the concept of gender, it then suggests one way of understanding its function as a critical concept, before making explicit how this leads to the historical antagonism between traditional philosophy and the critical, transdisciplinary concept of gender and with feminist theory more generally. (shrink)

Critical food scholars have long noted that much of local food discourse in the US is underwritten by a deeply regressive agrarian imaginary that valorizes “small family farms” while erasing historical legacies of racism. In this paper, I examine one influential expression of the agrarian imaginary that I call the fantasy of “real food,” and illustrate how that discourse contributes to ongoing exclusions in farmers markets. Drawing on Lacanian psychoanalysis, I explain how the fantasy of real food positions (...) white middle-class consumers to view themselves as protagonists in a romantic narrative of loss and recovery, in which their enlightened consumption practices precipitate the return of authentic social relations and connections to nature. I then trace the influence of this fantasy through a reading of selected popular media, and illustrate how the racist, classist, and patriarchal antipathies of the agrarian imaginary find legitimate expression in an alternate form as affectively charged moral and aesthetic commitments. Finally, I show how this fantasy logic makes both the exclusion of outsiders and the policing of farmers appear not only reasonable but morally righteous. I conclude by arguing that we cannot rely on the reflexivity of the privileged to deliver justice, no matter how well-meaning they may be, and suggest that we need new imaginaries and new narratives to guide our politics of consumption. (shrink)

In our emerging climate future, devastation will not land evenly. “Climate apartheid” names a world where the rich insulate themselves from its most catastrophic effects, while the global poor stand increasingly subject to rising seas, failing crops, intensifying weather events (floods, hurricanes, wildfires) and thus to the necessity of movement: some project a billion climate refugees by 2050. Yet analyses often fail to link climate apartheid to the existing systems mobilized to execute it—policing, prisons, borders—and so fail to connect climate (...) politics to enduring racialized projects of carceral control, as well as to Black, Native, and Latinx struggles against them. A key task is to develop capacious conceptual frameworks for understanding how religious actors are addressing the deep entanglements of political ecology and racial violence. This paper pursues that task in four parts. Part 1 introduces climate apartheid and proposes “cross-border solidarity” as an organizing concept for response, while underscoring that solidarity's chief virtue—its being already in use across diverse moral communities—is also what requires rigorous specification. What is the shape of “solidarity” amid climate futures? Parts 2 and 3 critique two frameworks ethicists might employ in facing that question: anthropocene discourse obscures race, while mestizaje discourse addresses race but risks reproducing its deepest logics. Part 4 proposes an alternative I will call cimarronaje. Of Taíno-Arawak and Spanish origin, the word refers to the historical experience, across slaveholding societies of the Americas, whereby enslaved African people fled plantations, escaped to surrounding hills and swamps, and reimagined forms of life with Indigenous communities, forged new ecologies together and, in the shadows of colonial empire, prefigured the theory and practices of cross-border solidarity we need today. (shrink)