DOCSLIB.ORG

The Effect of Risk-Based Mental Health Law on Access to Mental Health Services

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Effect of Risk-Based Mental Health Law on Access to Mental Health Services The Effect of Risk-Based Mental Health Law on Access to Mental Health Services A thesis submitted for the degree of Doctor of Philosophy of The Australian National University by Maree Livermore October 2016 © Copyright Maree Livermore 2016 All Rights Reserved I declare that the work in this thesis is entirely my own and that to the best of my knowledge it does not contain any materials previously published or written by another person except where otherwise indicated. Maree Livermore October, 2016 Canberra, Australia Word Count: 83,379 i. Acknowledgements I would like to thank my principal supervisor, Professor Beverly Raphael, for her warmth, her unfailing confidence, and for her enduring personal support over the course of this PhD. My sincere thanks also to my associate supervisor, Emeritus Professor Terry Carney AO, for his strong commentary on the work throughout, and especially for his support and encouragement in its final stages. Special thanks to Professor John Braithwaite, whose early and kindly advice—and indeed, whose entire body of work—inspired me and mediated my approach to the methodology. This thesis is dedicated to my dear Dad, Brian Livermore, who passed away in the middle of my candidature, and to my much-loved mother and friend, Joan Livermore, who died only recently. In the final stages of her illness, she continued to proof-read, to argue with me about forms of expression, and to teach me invaluable lessons. ii. Abstract The escalating personal, social and economic costs of poor access to effective mental health services in Australia now demands ‘root-and-branch’ re-evaluation of Australian mental health policy, and the structure of the public mental health system— including one of its central pinions, mental health law. There is continuing debate about the clinical, ethical and rights-based rationale for the long-standing model of risk-based mental health law. To date, this has not included the examination of its effectiveness as an instrument of policy. This thesis adopts a regulatory governance perspective overall, to examine the effect of the risk-based model of mental health law on one of its principal express purposes—facilitating access to mental health treatment. The question is addressed in the light of competing perspectives in the literature. These include the dominant discourse, as represented in the law itself, that risk criteria in the law facilitates access to mental health services. They include, also, arguments favouring the hypothesis that risk-based mental health law inhibits access to effective mental health service. The thesis describes the development and application of a novel, mixed-model, social policy analysis framework. It integrates a network governance sub-study and a realist governmentality sub-study, with additional formal scoping and synthesis phases. The literature-based network governance sub-study engages a modified critical interpretive synthesis method. The realist governmentality sub-study combines discourse analysis and ethnographic fieldwork, entailing semi-structured, recorded and transcribed interviews with 28 public psychiatrists in five Australian mental health jurisdictions, in a genealogical analytic. The study found that minimising costs and criticism in the electorate were much higher-priority concerns for the state than facilitating access to service. The study revealed significant evidence of governmental strategies to regulate the action of public psychiatrists to support this order of concerns. There was evidence of both compliant and resistant responses by psychiatrists to these strategies. Both types of responses were found to engage mental health law formally—in practice and for purposes as intended by the legislature—but also informally, for other purposes, and with ‘creative’ interpretation. It was found that mental health law is formally engaged, in practice, to ‘responsibilise’ iii. public psychiatrists to provide risk-focussed usual care. It is used informally to enforce informal triage practices, especially a range of gate-keeping mechanisms; to support blame and accountability mechanisms leveraged against psychiatrists; and for the medico-legal protection of the state and psychiatrists. Access-negative effects to which these practices contribute include: denial or discontinuance of needed public psychiatric care; non-provision of traditional, holistic, individualised, effective psychiatric therapy; waste of psychiatric time and expertise; and high- levels of despair amongst psychiatrists. The results support the discourse that the risk-based model of mental health law prevailing in many Western jurisdictions—including in New South Wales, Victoria and the Australian Capital Territory—does not ‘work’ in relation to its object to facilitate access. The central and growing problem of mental illness in the Australian community will likely worsen if it remains in the care of a public mental health service system built around this non-performing regulatory technology. iv. Table of Contents Chapter 1: Introduction ................................ 1 1.1 The Australian policy problem of access to mental health services ..................... 4 1.2 A definition of access for this thesis .... 17 1.3 The role of mental health law ............. 19 1.4 Focus and significance of the research .... 27 1.5 Theory and methodological demands ......... 28 1.5 Thesis outline ............................ 38 1.6 Conclusion ................................ 39 Chapter 2: Methodology ................................ 41 2.1 Pluralist governance approaches ........... 43 2.2 Governmentality ........................... 48 2.3 Governance+governmentality? ............... 53 2.4 Phase I Scoping methodology ............... 60 2.5 Phase II Network governance sub-study methodology ............................... 64 2.6 Phase III Realist governmentality sub-study methodology ............................... 77 2.7 Phase IV Synthesis methodology ........... 103 Chapter 3: Phase II: Network Governance sub-study Results & discussion ...................... 107 3.1 Introduction ............................. 109 3.2 The Consumer ............................. 111 3.3 The Community ............................ 120 3.4 The Psychiatrist ......................... 126 3.5 The State ................................ 134 3.6 Final synthesis .......................... 139 3.7 Conclusion ............................... 145 v. Chapter 4: Phase III: Governmentality sub-study Results & discussion ...................... 149 4.1 Introduction ............................. 151 4.2 Assemblage A1a: State to Psychiatrists ... 153 4.3 Governmental flow in assemblages ......... 217 4.4 Access-related effects ................... 222 4.5 Conclusion ............................... 243 Chapter 5: Phase IV: Synthesis Results & Discussion . 247 5.1 Synthesis of theory ...................... 248 5.2 Synthesis of method ...................... 250 5.3 Synthesis of findings .................... 251 Chapter 6: Conclusion ................................ 259 6.1 Aims and methodology ..................... 260 6.2 Advantages and limitations of the methodology as applied ................... 262 6.3 Summary of findings ...................... 266 6.4 Implications for literature and practice . 269 6.5 Policy implications ...................... 271 6.6 Final words .............................. 274 Bibliography 275 Appendix A: Phase III interview stimuli 299 Appendix B: Other assemblages 301 Appendix C: Non-legal technologies of influence 307 Appendix D: Directions for reform 325 vi. List of Tables Table 1: Dangerousness criteria as expressed in Australian mental health laws.Error! Bookmark not defined. Table 2: Structural elements of the mental health law and access CIS database. ... Error! Bookmark not defined. Table 3: Phase III sub-study: Sample demography. .. Error! Bookmark not defined. Table 4: Principles of meta-narrative reviewError! Bookmark not defined. Table 5: Elements of Phase IV synthesisError! Bookmark not defined. Table 6: Summary of results of Phase II Network Governance sub-study: Critical interpretive synthesis ......... Error! Bookmark not defined. Table 7: Unexploited regulatory capital in the mental health law and access domain Error! Bookmark not defined. Table 8: Content of Phase III Acts by themeError! Bookmark not defined. Table 9: Governmental strategies of the state and their composite vectors of influence as directed to public psychiatrists.Error! Bookmark not defined. Table 10:‘Governmental flow’ within A1b: Psychiatrists to the State . Error! Bookmark not defined. Table 11: Summary of findings: Elements of Phase III assemblages engaging mental health law .. Error! Bookmark not defined. Table 12: Informal triage criteria reported by Phase III psychiatrist informants. ..... Error! Bookmark not defined. vii. Table 13: Phase III findings: Public psychiatrist practices engaging mental health law that affect access to mental health services (in response to state influences).Error! Bookmark not defined. In Appendix D: Table D1: Summary of alternative policy directions Error! Bookmark not defined. List of Figures Figure 1: Relationship between mental health need, and supply of and demand for mental health services. ......... Error! Bookmark not defined. Figure 2: Linear model of the effectiveness of law Error! Bookmark not defined. Figure 3: The genealogy of Assemblage A1a: The State to Psychiatrists .. Error! Bookmark not defined. Figure 4: Vectors of influence in A1a engaging the law ..........
Load more

Recommended publications
  • The Art of 'Governing Nature': 'Green' Governmentality
    THE ART OF ‘GOVERNING NATURE’: ‘GREEN’ GOVERNMENTALITY AND THE MANAGEMENT OF NATURE by KRISTAN JAMES HART A thesis submitted to the Graduate Program in Environmental Studies In conformity with the requirements for the Degree of Masters of Environmental Studies Queen„s University Kingston, Ontario, Canada (September, 2011) Copyright ©Kristan James Hart, 2011 Abstract This thesis seeks to unpack the notions of Michael Foucault's late work on governmentality and what insights it might have for understanding the „governing of nature‟. In doing this it also operates as a critique of what is often termed 'resourcism', a way of evaluating nature which only accounts for its utility for human use and does not give any acceptance to the idea of protecting nature for its own sake, or any conception of a nature that cannot be managed. By utilizing a study of the govern-mentalities emerging throughout liberalism, welfare-liberalism and neoliberalism I argue that this form of 'knowing' nature-as-resource has always been internal to rationalities of liberal government, but that the bracketing out of other moral valuations to the logic of the market is a specific function of neoliberal rationalities of governing. I then seek to offer an analysis of the implications for this form of nature rationality, in that it is becoming increasingly globalized, and with that bringing more aspects of nature into metrics for government, bringing new justifications for intervening in „deficient‟ populations under the rubric of „sustainable development. I argue, that with this a new (global) environmental subject is being constructed; one that can rationally assess nature-as-resource in a cost-benefit logic of wise-use conservation.
    [Show full text]
  • 6. Neoliberal Governmentality: Foucault on the Birth of Biopolitics
    MICHAEL A. PETERS 6. NEOLIBERAL GOVERNMENTALITY: FOUCAULT ON THE BIRTH OF BIOPOLITICS The political, ethical, social, philosophical problem of our days is not to liberate the individual from the State and its institutions, but to liberate ourselves from the State and the type of individualisation linked to it (Foucault, 1982, p. 216). Power is exercised only over free subjects, and only insofar as they are free. (Foucault, 1982, p. 221). INTRODUCTION In his governmentality studies in the late 1970s Foucault held a course at the Collège de France the major forms of neoliberalism, examining the three theoretical schools of German ordoliberalism, the Austrian school characterised by Hayek, and American neoliberalism in the form of the Chicago school. Among Foucault’s great insights in his work on governmentality was the critical link he observed in liberalism between the governance of the self and government of the state – understood as the exercise of political sovereignty over a territory and its population. He focuses on government as a set of practices legitimated by specific rationalities and saw that these three schools of contemporary economic liberalism focused on the question of too much government – a permanent critique of the state that Foucault considers as a set of techniques for governing the self through the market. Liberal modes of governing, Foucault tells us, are distinguished in general by the ways in which they utilise the capacities of free acting subjects and, consequently, modes of government differ according to the value and definition accorded the concept of freedom. These different mentalities of rule, thus, turn on whether freedom is seen as a natural attribute as with the philosophers of the Scottish Enlightenment, a product of rational choice making, or, as with Hayek, a civiliz- ational artefact theorised as both negative and anti-naturalist.
    [Show full text]
  • Michel Foucault's Lecture at the Collège De France on Neo-Liberal Governmentality
    1 "The Birth of Bio-Politics" – Michel Foucault's Lecture at the Collège de France on Neo-Liberal Governmentality From 1970 until his death in 1984, Michel Foucault held the Chair of "History of Systems of Thought" at the Collège de France.1 In his public lectures delivered each Wednesday from early January through to the end of March/beginning of April, he reported on his research goals and findings, presenting unpublished material and new conceptual and theoretical research tools. Many of the ideas developed there were later to be taken up in his various book projects. However, he was in fact never to elaborate in writing on some of the research angles he presented there. Foucault's early and unexpected death meant that two of the key series of lectures have remained largely unpublished ever since, namely the lectures held in 1978 ("Sécurité, territoire et population") and in 1979 ("La naissance de la biopolitique").2 These lectures focused on the "genealogy of the modern state" (Lect. April 5, 1978/1982b, 43). Foucault deploys the concept of government or "governmentality" as a "guideline" for the analysis he offers by way of historical reconstructions embracing a period starting from Ancient Greek through to modern neo-liberalism (Foucault 1978b, 719). I wish to emphasize two points here, as they seem important for an adequate assessment of the innovative potential of the notion of governmentality. First of all, the concept of governmentality demonstrates Foucault's working hypothesis on the reciprocal constitution of power techniques and forms of knowledge. The semantic linking of governing ("gouverner") and modes of thought ("mentalité") indicates that it is not possible to study the technologies of power without an analysis of the political rationality underpinning them.
    [Show full text]
  • 'Governmentality'
    ‘Governmentality’ and ‘the International’: A Power(ful) Love Story Written by Floris van Doorn This PDF is auto-generated for reference only. As such, it may contain some conversion errors and/or missing information. For all formal use please refer to the official version on the website, as linked below. ‘Governmentality’ and ‘the International’: A Power(ful) Love Story https://www.e-ir.info/2018/07/03/governmentality-and-the-international-a-powerful-love-story/ FLORIS VAN DOORN, JUL 3 2018 The arrival of poststructuralist theories of International Relations has generally not been met with open arms by the traditional International Relations theories, largely thanks to the fact that poststructuralism is invariably at odds with the materialist and positivist ontological and epistemological underpinnings that have long dominated the discipline. Nevertheless, the work of one philosopher, Michael Foucault, has been particularly popular amongst critical International Relations scholars; with a recent development being the introduction of his concept of ‘governmentality’ to improve our comprehension of productive power structures in international relations. However, the usefulness of ‘governmentality’ for understanding how power operates in global governance has been undermined by both a narrow ‘liberal’ conception of ‘governmentality’ as well as the traditional analytical conceptualisation of the ‘international’ as part of the ‘political’ instead of ‘the politics’. After defining what is meant by ‘governmentality’ we will demonstrate this by
    [Show full text]
  • The Right of the Governed: Foucault's Theoretical Political Turn
    The Right of the Governed: Foucault’s Theoretical Political Turn João Leite Ferreira-Neto 1 ¹ Pontifical Catholic University of Minas, Departament of Psychology, Av: Dom José Gaspar, 500. Coração Eucarístico - Belo Horizonte – MG. 30535-901, Brazil. K EYWORDS A BSTRACT This paper aims to understand the theoretical-political turn of Foucault constructed from 1978, which led him to a distancing from the Maoist left and to a return to the notion of subjectivity within a perspective of liberty, in the context of his governmentality studies. The historical- Michel Foucault institutional aspects relating to his theoretical and political Governmentality shift will be discussed, with basis on biographical sources Subjectivity and texts by the author published at that time. The Neoliberalism conclusion is that Foucault used both Marxist and Welfare State neoliberal contributions, avoiding reducing the politics to a confrontation between two projects, but considering it a complex field of plural strategies. He also began to theorize about the rights historically known as the ‘right of the governed,’ led by the question: ‘how to become subject without being subjected?’. Introduction Michel Foucault has become a reference for research in the human and social sciences all over the world, notably in English-speaking countries. The publication of the book ‘The Foucault Effect’ (Burchell, Gordon, and Miller 1991) marked the beginning of a growing interest in the philosopher's work, particularly in Britain, Australia, and Canada, which has since gradually Contact address: [email protected] (J. L. Ferreira-Neto). Social Change Review ▪ Winter 2017 ▪ Vol. 15(1-2): 83-104 DOI: 10.1515/scr-2017-0004 J.L.
    [Show full text]
  • Between Governance and Discipline -- the Law and Michel Foucault
    Between Governance and Discipline: The Law and Michel Foucault Author(s): Victor Tadros Source: Oxford Journal of Legal Studies, Vol. 18, No. 1, (Spring, 1998), pp. 75-103 Published by: Oxford University Press Stable URL: http://www.jstor.org/stable/764723 Accessed: 13/08/2008 03:03 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at http://www.jstor.org/action/showPublisher?publisherCode=oup. Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit organization founded in 1995 to build trusted digital archives for scholarship. We work with the scholarly community to preserve their work and the materials they rely upon, and to build a common research platform that promotes the discovery and use of these resources. For more information about JSTOR, please contact [email protected]. http://www.jstor.org Between Governanceand Discipline: The Law and Michel Foucault* VICTOR TADROSt Abstract-This articleattempts to re-establishthe importanceof Foucault'swork for an understandingof the way in which modem law operates.This argumenthas two stages.
    [Show full text]
  • Reasonable Man’
    The University of Notre Dame Australia ResearchOnline@ND Theses 2019 The conjecture from the universality of objectivity in jurisprudential thought: The universal presence of a ‘reasonable man’ Johnny Sakr The University of Notre Dame Australia Follow this and additional works at: https://researchonline.nd.edu.au/theses Part of the Law Commons COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969 WARNING The material in this communication may be subject to copyright under the Act. Any further copying or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice. Publication Details Sakr, J. (2019). The conjecture from the universality of objectivity in jurisprudential thought: The universal presence of a ‘reasonable man’ (Master of Philosophy (School of Law)). University of Notre Dame Australia. https://researchonline.nd.edu.au/theses/215 This dissertation/thesis is brought to you by ResearchOnline@ND. It has been accepted for inclusion in Theses by an authorized administrator of ResearchOnline@ND. For more information, please contact [email protected]. The Conjecture from the Universality of Objectivity in Jurisprudential Thought: The Universal Presence of a ‘Reasonable Man’ By Johnny Michael Sakr Submitted in accordance with the requirements of the degree of Master of Philosophy University of Notre Dame Australia School of Law February 2019 SYNOPSIS This thesis proposes that all legal systems use objective standards as an integral part of their conceptual foundation. To demonstrate this point, this thesis will show that Jewish law, ancient Athenian law, Roman law and canon law use an objective standard like English common law’s ‘reasonable person’ to judge human behaviour.
    [Show full text]
  • Foucault Lectures the Beginning of a Study of Biopower
    Foucault Lectures A series published by Foucault Studies © Verena Erlenbusch-Anderson ISSN: 2597-2545 DOI: https://doi.org/10.22439/fsl.vi0.6151 Foucault Lectures, Vol III, no. 1, 5-26, December 2020 ARTICLE The Beginning of a Study of Biopower: Foucault’s 1978 Lectures at the Collège de France VERENA ERLENBUSCH-ANDERSON Syracuse University, USA ABSTRACT. While Foucault introduced the 1978 lecture course Security, Territory, Population as a study of biopower, the reception of the lectures has largely focused on other concepts, such as governmentality, security, liberalism, and counter-conduct. This paper situates the lecture course within the larger context of Foucault’s development of an analytics of power to explore in what sense Security, Territory, Population can be said to constitute a study of biopower. I argue that the 1978 course is best understood as a continuation-through-transformation of Foucault’s earlier work. It revisits familiar material to supplement Foucault’s microphysics of power, which he traced in institutions like prisons or asylums and with regard to its effects on the bodies of individuals, with a genealogy of practices of power that target the biological life of the population and give rise to the modern state. Keywords: Foucault, biopower, governmentality, (neo)liberalism, genealogy INTRODUCTION On January 11, 1978, after a sabbatical year and an almost two-year long absence from his responsibilities to present ongoing research at the Collège de France, Michel Foucault returned to the lectern on January 11,
    [Show full text]
  • Biopower, Governmentality, and Capitalism Through the Lenses of Freedom: a Conceptual Enquiry
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Hochschulschriftenserver - Universität Frankfurt am Main 25th IVR World Congress LAW SCIENCE AND TECHNOLOGY Frankfurt am Main 15–20 August 2011 Paper Series No. 016 / 2012 Series B Human Rights, Democracy; Internet / intellectual property, Globalization Ali Rizvi Biopower, Governmentality, and Capitalism through the Lenses of Freedom: A Conceptual Enquiry URN: urn:nbn:de:hebis:30:3-248749 This paper series has been produced using texts submitted by authors until April 2012. No responsibility is assumed for the content of abstracts. Conference Organizers: Edited by: Professor Dr. Dr. h.c. Ulfrid Neumann, Goethe University Frankfurt am Main Goethe University, Frankfurt/Main Department of Law Professor Dr. Klaus Günther, Goethe Grüneburgplatz 1 University, Frankfurt/Main; Speaker of 60629 Frankfurt am Main the Cluster of Excellence “The Formation Tel.: [+49] (0)69 - 798 34341 of Normative Orders” Fax: [+49] (0)69 - 798 34523 Professor Dr. Lorenz Schulz M.A., Goethe University, Frankfurt/Main Ali M. Rizvi* Biopower, Governmentality, and Capitalism through the Lenses of Freedom: A Conceptual Enquiry Abstract: In this paper I propose a framework to understand the transition in Foucault’s work from the disciplinary model to the governmentality model. Foucault’s work on power emerges within the general context of an expression of capitalist rationality and the nature of freedom and power within it. I argue that, thus understood, Foucault’s transition to the governmentality model can be seen simultaneously as a deepening recognition of what capitalism is and how it works, but also the recognition of the changing historical nature of the actually existing capitalisms and their specifically situated historical needs.
    [Show full text]
  • The Sydney Law Review
    volume 42 number 4 december 2020 the sydney law review articles Dignity and the Australian Constitution – Scott Stephenson 369 Three Recent Royal Commissions: The Failure to Prevent Harms and Attributions of Organisational Liability – Penny Crofts 395 The Hidden Sexual Offence: The (Mis)Information of Fraudulent Sex Criminalisation in Australian Universities – Jianlin Chen 425 review essays Judging the New by the Old in the Judicial Review of Executive Action – Stephen Gageler AC 469 Pioneers, Consolidators and Iconoclasts of Tort Law – Barbara McDonald 483 EDITORIAL BOARD Elisa Arcioni (Editor) Kristin Macintosh Celeste Black (Editor) Tanya Mitchell Ben Chen Michael Sevel Emily Hammond Belinda Smith Jason Harris Yane Svetiev Ghena Krayem Kimberlee Weatherall STUDENT EDITORIAL COMMITTEE Margery Ai Mischa Davenport Thomas Dickinson Jessica Bi Matthew Del Gigante Oliver Hanrahan Sydney Colussi Thomas Dews Alice Strauss Before the High Court Editor: Emily Hammond Book Review Editor: Yane Svetiev Publishing Manager: Cate Stewart Correspondence should be addressed to: Sydney Law Review Sydney Law School Building F10, Eastern Avenue UNIVERSITY OF SYDNEY NSW 2006 AUSTRALIA Email: [email protected] Website and submissions: <https://sydney.edu.au/law/our- research/publications/sydney-law-review.html> For hardcopy subscriptions outside North America: [email protected] For hardcopy subscriptions in North America: [email protected] The Sydney Law Review is a refereed journal. © 2020 Sydney Law Review and authors. ISSN 0082–0512 (PRINT) ISSN 1444–9528 (ONLINE) Dignity and the Australian Constitution Scott Stephenson Abstract Today dignity is one of the most significant constitutional principles across the world given that it underpins and informs the interpretation of human rights.
    [Show full text]
  • Postcolonial Studies After Foucault: Discourse, Discipline, Biopower, and Governmentality As Travelling Concepts
    Postcolonial Studies After Foucault: Discourse, Discipline, Biopower, and Governmentality as Travelling Concepts Inaugural-Dissertation zur Erlangung des Doktorgrades der Philosophie des Fachbereiches 05 der Justus-Liebig Universität Gießen vorgelegt von Thijs Willaert aus Gießen 2012 Dekan: Prof. dr. Magnus Huber 1. Berichterstatter: Prof. dr. Ansgar Nünning 2. Berichterstatter: Prof. dr. Theo D’haen Tag der Disputation: ................................. Table of Contents 1. Introduction: Postcolonial Studies After Foucault 1 2. Reading Concepts in Contexts 16 2.1. The Concept of Concept 2.2. Methodological Orientation: Analyzing Travelling Concepts in Three Steps 3. Discourse 28 3.1. Foucault and Orientalism : A Controversial Relationship 3.2. Foucault and Discourse: Archaeologies of Knowledge 3.2.1. Context: A Structuralist Approach to Knowledge 3.2.2. Cotext: Knowledge and its Relation to Power 3.2.3. Concept: Discourse as the Structure of Knowledge 3.3. Orientalism and Discourse: Exit Knowledge, Enter Identity, Exit Power, Enter Authority 3.3.1. Context: Between Marxism and Literary Studies 3.3.2. Cotext: A Double Conceptual Architecture 3.3.3. Concept: Double Trouble 3.4. Bhabha and Discourse: Further Down the Psychosocial Road 3.4.1. Context: Poststructuralism Meets Psychoanalysis 3.4.2. Cotext: Exit Knowledge, Enter Intersubjectivity 3.4.3. Concept: Discourse as the Structure of Intersubjective Relations 3.5. Conclusion: Knowledge Versus Identity, Authority, Intersubjectivity 4. Discipline 69 4.1. Foucault and Discipline: Reconceptualizing Power 4.1.1. Context: From Archaeology to Genealogy 4.1.2. Cotext: Three Rationalities of Power 4.1.3. Concept: Is Discipline a Totalizing Concept? 4.2. Mitchell and Discipline: Disciplinary Power as the Power of Modernity 4.2.1.
    [Show full text]
  • Sovereignty, Discipline, Security: Foucault and the Governmentality of U.S
    Critique: a worldwide student journal of politics Sovereignty, Discipline, Security: Foucault and the Governmentality of U.S. Border Enforcement Marshall Pierce Portland State University Abstract This article examines Michel Foucault’s political philosophy, arguing that concepts developed by Foucault in the mid-1970s can continue to inform critical political analysis. Offering a detailed reconstruction of Foucault’s lectures and key published works, the article argues for an overall coherence in Foucault’s vision of governmental power. Then, this vision is applied to the system of immigrant detention and policing at the U.S.-Mexico border. Here it is shown that concepts such as discipline, security, bio-power, and governmentality shed considerable light on the racialized regime of capture and enclosure that preponderates in the borderlands. On the other hand, the article encourages a movement beyond mere scholarly inquiry, acknowledging that regimes of organized terror demand concrete resistance. To that end, the article concludes by suggesting some ways that Foucault’s critical apprehension of “governmentality” can inform radical praxis as well as scholarship. Keywords: Foucault, governmentality, immigration, biopolitics, sovereignty Correspondence concerning this article should be addressed to Marshall Pierce at [email protected] 1 Spring 2020 Introduction Michel Foucault is noteworthy as a conceptual innovator in philosophy and political theory whose work challenges readers to examine power relations at various levels of society. Foucault stressed the relational character of power, rejecting the view that power is something which exists in the abstract and can be possessed by individuals (Foucault 1980, 98). He viewed power relations as omnipresent within the social field, abjuring analyses dependent on a simple division between the powerful and the powerless (Foucault 1980, 187-89, 208).
    [Show full text]