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)

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)

Name der Zeitschrift: Semiotica Jahrgang: 2016 Heft: 209 Seiten: 149-165.

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)

BackgroundLow-stakes crimes related to alcohol and/or drugs are common around the world, but research is lacking on police–suspect interactions of such crimes. A large proportion of these suspects are intoxicated during interrogations, and many may have substance use disorder, making them potentially vulnerable to interrogative pressure.MethodsTo address this lack of knowledge, the taxonomy of interrogation methods framework and a common classification of question types were applied in the coding of written police interrogations. Two archival studies, one (...) pilot and one main study analyzed police interrogations with suspects of alcohol- and drug-related crimes in Sweden.ResultsFor both Study 1 and 2, suspects showed signs of alcohol and/or drug intoxication, hangover or withdrawal in more than 50% of all interrogations. In Study 2, additional coding indicated that suspects displayed signs of substance use disorder in 57% of the interrogations. The main results from both studies revealed a large number of direct questions asked by the police across all interrogations, and relatively little use of the strategic interrogation techniques from the taxonomy of interrogation methods framework. In fact, when it came to interrogation techniques, law enforcement used more confrontational techniques in their interactions with intoxicated suspects compared to sober suspects. Furthermore, suspects displaying signs of substance use disorder were significantly more cooperative and prone to confess than suspects without indicators of substance use disorder.ConclusionAs the first novel study on low-stakes crime interrogations related to alcohol and/or drugs, the present study provides useful information about current Swedish interrogation practices and areas for improvement. The study results indicate that suspects displaying signs of intoxication or substance use disorder may be more vulnerable during police interrogations. This may in turn have the potential to inform the development of new interrogation policies. Due to the novelty of this research, more studies are needed, both on a national and international level, to examine interrogations in low-stakes crimes further. (shrink)

In this essay, I argue that it is morally wrong for police to lie to suspects in interrogations and that it should be legally prohibited. I base my argument on broadly Kantian considerations about respect for autonomy: Respect for rational agency forbids lying to suspects and there is no plausible and compelling rationale for allowing police to lie to suspects in typical cases of interrogation.

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)

Cooperative relations steeped in honesty and good faith are a necessity for any viable society. This is especially relevant to the police institution because the police are entrusted to promote justice and security. Despite the necessity of societal honesty and good faith, the police institution has embraced deception, dishonesty, and bad faith as tools of the trade for providing security. In fact, it seems that providing security is impossible without using deception and dishonesty during interrogations, undercover (...) operations, pretextual detentions, and other common scenarios. This presents a paradox related to the erosion of public faith in the police institution and the weakening of the police's legitimacy. -/- The book seeks to solve this puzzle by showing that many of our assumptions about policing and security are unjustified. Specifically, they are unjustified in the way many of our assumptions about security were unjustified after the 9/11 terrorist attacks, when state institutions embraced a variety of brutal rules and tactics in pursuit of perceived security enhancements. The police are likewise unjustified in their pursuit of many supposed security enhancements that rely on proactive deception, dishonesty, and bad faith. -/- There are compelling reasons to think that the police's widespread use of proactive deception and dishonesty is inconsistent with fundamental norms of political morality regarding fraud and the rule of law. Although there are times and places for such tactics in policing, those times and places should be much more limited than current practices suggest. (shrink)

As the suspect interview is one of the key elements of a police investigation, it has received a great deal of merited attention from the scientific community. However, suspect interviews in child sexual abuse (CSA) investigations is an understudied research area. In the present mixed-methods study, we examine Swedish (n= 126) and Norwegian (n= 52) police interviewers' self-reported goals, tactics, and emotional experiences when conducting interviews with suspected CSA offenders. The quantitative analyses found associations between the interviewers' self-reported (...) goals, tactics, and emotions during these types of suspect interviews. Interviewers who reported experiencing more negative emotions were more likely to employ confrontational tactics. Specifically, anger was positively associated with the goal of obtaining a confession and with aggressive tactics like raising one's voice and emphasizing the seriousness of the crime. Frustration and disgust displayed similar patterns. Somewhat contrasting these quantitative results, the thematic analysis identified a strong consensus that emotions should not and do not affect the police interviewers' work. Furthermore, the police interviewers described a range of strategies for managing emotions during the interview and for processing their emotional reactions afterwards. The present findings highlight the relevance of emotional processes in CSA suspect interviews and provide an initial exploration of the potentially complex relationship between the goals, tactics, and emotional experiences of police interviewers who question CSA suspects. (shrink)

Quality-of-life policing, responsive to the concerns of urban communities, presents a profound paradox. On the one hand, the collateral effects of drug use, especially in public and in racially fragmented, low-income communities, result in levels of crime and fear of crime that renders the communities almost uninhabitable; on the other, the collateral effects of policing drug crime, for these same communities, destroy the community's human fabric. A "new" generation of legal scholars have embraced and transformed the Broken Windows model of (...) policing urban communities. These theorists share a "social norms"perspective: they suggest that law's direct threat of imposing sanctions is not the sole means of constraining conduct. A variety of other devices, including non-legal, "social" norms, may supplement the law's coercive power. The social norms "take" on the Broken Windows argument is that public low-level crime undermines the social structures of local communities. Inner city blight sends a distinct message: that community members reject or ignore norms supporting law-abiding behavior in favor of norms supporting law-breaking. Accordingly, social norms theorists advocate empowering police and local communities through a variety of traditional and newly minted public order offenses (such as anti-loitering statutes and youth curfews) as means of attacking high crime in urban and predominantly minority neighborhoods. In this article, I take up the challenge of public order policing. My claim is that the sort of preventative policing social norms theorists advocate can and should be separated from reactive "investigative" policing directed at apprehending criminals. Separating preventative and investigative policing means that the police, as currently constituted, are the wrong people to engage in preventative policing. Instead, the appropriate people include municipal officials with no power to engage in investigation but who have the authority to enforce norms of public order. My proposal is to radically restructure the manner in which we think about the legitimacy of various policing practices and the type of authority the police wield. Our current focus on constitutional remedies for low-level police abuses has failed to ameliorate the justified resentment expressed by individuals and local communities subject to heightened amounts of increasingly invasive policing.The attempt to limit police authority through prospective constitutional (and other) norms that control their ability to search, seize, and interrogate suspects is properly confined to the police's investigative role. Limits do not work to constrain their ability to police public order and engage in crime prevention. Yet even at the investigative stage, the Court has already replaced the rule-based due-process model of authority with a series of role-based exceptions to the Fourth, Fifth, and Sixth Amendments' constitutional requirements. Both role- and rule-based concepts of authority concern the proper scope of legitimate authority. Rule-based authority has its basis in adherence to the content of particular rules; role-based authority is based in the powers afforded individuals in particular roles of public authority. Whereas rule-based authority derives its legitimacy primarily from the government's right to promulgate norms, role-based authority gains legitimacy from the degree to which the official's role is matched to the circumstances triggering authority. (shrink)

Scholars who compare common law and civil law countries have long argued that civil law legal systems such as Germany do not employ formal rules of evidence comparable to those which govern American courtrooms. Civil law systems that commit fact-finding to mixed panels of lay and professional judges are said to have less need for formal rules of evidence that withhold information from decision makers. This article challenges this widely held view. Scholars have failed to recognize that evidentiary rules can (...) restrict not only the presentation of evidence at trial but also the manner of its acquisition during the pre-trial investigation. For this reason, existing scholarship overlooks a rich source of evidentiary norms in the criminal process of civil law countries such as Germany. I argue that German regulation of police interrogation—particularly its prohibition of deceptive stratagems—plays an important role in shaping the factual record on which the legal system assesses guilt or innocence. The article identifies a number of institutional factors on which this system of pre-trial evidentiary regulation depends. (shrink)

Human interaction and communication involve space in multiple ways. This paper examines the spatial and interactional order of a covertly video-taped police interrogation. When the participants enter the interrogation room and become engaged in the interrogation process, the room itself is a constraint and a resource for interaction. While interacting within a built environment, the participants appropriate their material surroundings in ways that constitute a spatial order and make possible certain arguments. This paper examines how the physical structure of (...) the interrogation room is differentially appropriated, used, and filled in by the participants''; territorial and postural manoeuvers over the course of their interaction; and how the spatial structures thus created by the bodily appropriation of the physical locale are subsequently formulated by talk and thereby used as a metaphorical resource to frame the participants'' situated experience. Through this embedded process, the interrogators move the suspect toward confession. (shrink)

Following the September 2001 terrorist attacks on the United States, much support for torture interrogation of terrorists has emerged in the public forum, largely based on the “ticking bomb” scenario. Although deontological and virtue ethics provide incisive arguments against torture, they do not speak directly to scientists and government officials responsible for national security in a utilitarian framework. Drawing from criminology, organizational theory, social psychology, the historical record, and my interviews with military professionals, I assess the potential of an official (...) U.S. program of torture interrogation from a practical perspective. The central element of program design is a sound causal model relating input to output. I explore three principal models of how torture interrogation leads to truth: the animal instinct model, the cognitive failure model, and the data processing model. These models show why torture interrogation fails overall as a counterterrorist tactic. They also expose the processes that lead from a precision torture interrogation program to breakdowns in key institutions—health care, biomedical research, police, judiciary, and military. The breakdowns evolve from institutional dynamics that are independent of the original moral rationale. The counterargument, of course, is that in a society destroyed by terrorism there will be nothing to repair. That is why the actual causal mechanism of torture interrogation in curtailing terrorism must be elucidated by utilitarians rather than presumed. (shrink)

This paper will address the moral implications of non-coercive interrogations in intelligence contexts. U.S. Army and CIA interrogation manuals define non-coercive interrogation as interrogation which avoids the use of physical pressure, relying instead on oral gambits. These methods, including some that involve deceit and emotional manipulation, would be mostly familiar to viewers of TV police dramas. As I see it, there are two questions that need be answered relevant to this subject. First, under what circumstances, if any, may (...) a state agent use deception or manipulation in the course of his or her duties? Second, if there are classes of persons who, by their activities, lose a legitimate expectation for honest-dealing, how are state agents to proceed when the identity of such persons is unclear? (shrink)

The article assesses different models of professional ethics and develops a model which sees professional imperatives as the institutionally-guided expression of foundational moral principles. This article uses the model to assess the moral pressures placed on interrogators in undercover operations in which a detective poses as a suspect in pre-arraignment holding. While highly effective, the level of empathetic rapport required risks incurring compassion fatigue and burn out on the part of detectives.

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)

This chapter focuses on one of the common fallacies in Western philosophy called 'complex question (CQ)'. The fallacy of the CQ appears in two varieties. The implicit form distracts an interlocutor by assuming the truth of an unproven premise and shifting the focus of the argument in an unfounded direction. While the explicit form collapses two distinct questions into a single question such that a single answer would appear to satisfy both inquiries. The possibility that an undetected CQ might lead (...) a speaker to affirm additional, unspoken premises unintentionally makes this a popular tactic in police interrogations and debate cross‐examinations. Avoiding this rhetorical trap is only possible either by rejecting the question as posed and extemporaneously clarifying the situation on one's own terms or by remaining silent. (shrink)

Body, Community, Language, World, here made available in English for the first time is Patocka's presentation of phenomenology as a living tradition - as a philosophical heritage that requires to be rethought and redirected in light of possibilities that it has itself uncovered. Jan Patocka lived for most of his adult life in Communist Czechoslovakia where he was at times banned from publishing or teaching. Mentor of Vaclav Havel, Patocka defied the regime as one of the spokespersons for Charta 77, (...) and died in 1977, following two months of police interrogation. (shrink)

To a world assaulted by private interests, this book argues that peace must be a public thing. Distinguished philosophers of peace have always worked publicly for public results. Opposing nuclear proliferation, organizing communities of the disinherited, challenging violence within status quo establishments, such are the legacies of truly engaged philosophers of peace. This volume remembers those legacies, reviews the promise of critical thinking for crises today, and expands the free range of thinking needed to create more mindful and peaceful relations. (...) With essays by committed peace philosophers, this volume shows how public engagement has been a significant feature of peace philosophers such as Camus, Sartre, Dewey, and Dorothy Day. Today we also confront historical opportunities to transform practices for immigration, police interrogation, and mental health, as we seek to sustain democracies of increasing multicultural diversity. In such cases our authors consider points of view developed by renowned thinkers such as Weil, Mouffe, Conway, and Martín-Baró. This volume also presents critical analysis of concepts for thinking about violence, reconsiders Plato’s philosophy of justice, and examines the role of ethical theory for liberation struggles such as Occupy! (shrink)

This book argues that peace must be a public thing. Philosophers of peace have long worked for public results. Opposing nuclear weapons, organizing the disinherited, challenging violence in the status quo, such are the legacies of engaged philosophers. Our authors remember these examples as we confront modern challenges such as immigration, police interrogation, or mental health.

Several years ago, the University of Minnesota hosted a lecture by Alan Milstein, a Philadelphia attorney specializing in clinical trial litigation. Milstein, who does not mince words, insisted on calling research studies “experiments.” “Don't call it a study,” Milstein said. “Don't call it a clinical trial. Call it what it is. It's an experiment.” Milstein's comments made me wonder: when was the last time I heard an ongoing research study described as a “human experiment”? The phrase is now almost always (...) associated with abuses. Asking a prospective subject to sign up for a medical experiment would probably get roughly the same response as asking him or her to sign up for a police interrogation. It wasn't always this way. In the early days of American bioethics, scholars used the word “experimentation” in the same neutral way that they later began to use “research study” and “clinical trial.”. (shrink)

The aim of this article is to show how a suspect’s statement travels through two stages of the criminal law process: the police interrogation and the trial, exhibited by two modes of production: talk and writing. I first discuss how the suspect’s statement is elicited and written down by the police in the police report; next I consider how the police report is made to form part of a legally adequate case-file; and finally I investigate the (...) ways in which the judge quotes and refers to the police report in his questioning of the suspect during the trial. This step-by-step inspection of the trajectory of the suspect’s statement shows processes of de- and recontextualization. The suspect’s statement is written down so as to enable it to be taken out of one context and inserted into another. This means that old meanings are removed from the suspect’s statement and new meanings are added. In the courtroom, however, the judge treats the suspect’s written statement as his own individual production, irrespective of the interactional environment in which it was elicited. The suspect’s statement is taken out of one context, inserted into another context and treated as independent of context. (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)

The following article proposes an empirical study to explore communication strategies in the Cosa Nostra. Psychological studies on the characteristics of the language within the criminal organization are undoubtedly recent, but crucial to thoroughly understand the characteristics of implicit and explicit communication it adopts in the various contexts it works, as well as the power and value they assume. The data we have obtained from some videos concerning interviews and police interrogations to men of honor have been analyzed (...) through a method that refers to the grounds of qualitative research in clinical psychology, the Grounded Theory by Glaser and Strauss. The analysis we have carried out and its relevant data show us a world of the Mafia where the care for linguistic choices, for both form and contents, is characterized as a crucial activity, even when words are replaced by silence or gestures. (shrink)

Following the February Revolution in 1848, working-class women as well as men attempted to hold the government to its promise of the right to work, through street demonstrations, individual and collective demands for work, and participation in the national workshops that had been established in an attempt to address the problem of unemployment in the capital. In the process, these activists articulated what scholars have labelled as a democratic socialist vision of republicanism. In June of 1848, women participated in the (...) insurrection that sought to defend the vision of a social republic. While the republicanism of working-class men and bourgeois women such as George Sand has been examined, studies of working-class women in the first half of the nineteenth century have to this point focused on the romantic socialist influences that shaped their activities, in particular the Saint-Simonian movement. Drawing primarily on individual letters, police interrogations and newspaper reports, a vision of republicanism emerges that includes the ability for women to sustain their families through waged as well as household labour. This concept of republican virtue based itself not in suffrage but in women's capacity to act as both producers and consumers under just and equitable conditions. (shrink)

Lying is the deliberate act of conveying false information to deceive others using language. Examining the linguistic and content features of this act has been a point of interest for forensic linguists due to its potential significance in examining various legal contexts such as criminal investigations, accusations, eyewitness testimonies, allegations, and police interrogations. This article aimed to examine the content features of lying in Jordanian Colloquial Arabic and their social constraints. The study draws on the Reality Monitoring (RM) (...) approach, a forensic tool that has proven its effectiveness in lying detection. To achieve this aim, a corpus of 288 narratives, 144 lying and 144 truthful, was collected through face-to-face interviews with 48 speakers stratified by gender, age, and educational attainment. The findings of this study did not conform to the RM criteria. The study revealed that truthful accounts contain more cognitive details while lying accounts contain more spatial, temporal, affective, and perceptual details. (shrink)

The names of the authors of the preface and the "postface" indicate the respect of the European philosophic community for the author of this volume. Outside that community, however, Jan Patocka was known more for his Socratic death at the hands of secret police interrogators than for his no less Socratic life and work. Except for three brief interludes, his works have been suppressed by the masters, first Nazi, then Soviet, of his native Czechoslovakia. In great part, they circulated (...) privately, in typescript, in the Czech originals. It is most welcome that they are at last becoming available in print and in a language commonly understood by philosophers. (shrink)

La doctrine de droit international privé a tendance à organiser le rapport entre le droit de l’Union européenne et les réglementations nationales de droit international privé par le biais des principes de hiérarchie normative et d’attribution de compétence, de sorte que l’on s’interroge principalement sur le contenu et les limites de la nécessaire adaptation du droit national à la construction européenne. Le droit international privé est ainsi soumis à l’épreuve du droit européen. À l’inverse, à partir d’une conception alternative du (...) rapport entre les deux, comme un conflit entre visions du droit différentes, nous proposons de soumettre le droit de l’Union européenne, en particulier l’application des libertés de circulation par la Cour de justice de l’Union européenne, aux outils analytiques de droit international privé. En particulier, les notions de droit applicable, lois de police et exception d’ordre public vont nous permettre de mieux comprendre l’originalité et particularité de la « cosmologie juridique » qui anime cette jurisprudence. (shrink)

This chapter contains sections titled: A Lover's Question The Game of Love Where Did Our Love Go? Love is Strange.

This article interrogates the relationship between technology and law enforcement and how changing police surveillance techniques have influenced Western expectations of privacy from the mid-19th century to the present. By examining the evolution of telecommunications devices in particular, the author identifies a diffuse and publicly inclusive system of collaborative data mining maintained by private citizens—a culture of wikisurveillance—as being a technologically determined consequence of police reforms made in 1829 Britain. From the now extinct police signal box to (...) modern AMBER alerts, technology allows the police to be divested of their public presence as mechanical surveillance responsibilities are willingly usurped by private enterprise and largely unaccountable civilians who collectively coauthor and codify the occidental discourse on privacy. As public and private spaces alike become increasingly subject to internal, unregulated monitoring that mimics the police methodology, this article explores the origins of our present zeitgeist of mediated voyeurism. (shrink)

La question du maintien de l’ordre public à Paris possède une forte dimension historique. Elle est aussi au cœur de l’actualité en raison de l’adoption par le Sénat en mai 2015 d’une proposition de loi visant à réformer le régime applicable à Paris en matière de police et l’affirmation par la maire de Paris, en septembre 2015, de sa volonté de réformer le statut de Paris et, notamment, de modifier la répartition des compétences entre le préfet de police (...) et le maire de Paris. La présente étude se propose de mettre en perspective ces projets de réforme en s’interrogeant sur le point de savoir si le maintien de l’ordre public à Paris est ou non spécifique. La réponse à cette interrogation apparaît nuancée. (shrink)

This paper interrogates the status of the Malthusian couple and the policing and government of reproduction in the first volume of Foucault's History of Sexuality, Volume I ( HS1), and the associated Collège de France lectures. Presented by Foucault as one of the four ‘strategic ensembles’ of the 18th century through which knowledge and power became centered on sex, what Foucault calls the socialization of procreative sexuality ( HS1: 104) also constitutes a largely invisible hinge between the trajectories in HS1: (...) biopolitics (vector of governmentality, management, administration and intensification of life) and sex (vector through which the repressive hypothesis is rejected). Particularly because it is one of the least discussed figures in Foucauldian commentary, my argument is that a reading of HS1 through the prism of its Malthusian couple produces unexpected results. A text that can be interpreted from the perspective of (a) its debate with psychoanalysis, or (b) its potential debate with those for whom sexual rights belong to a sexual subject, or (c) its status as a watershed text for biopolitical theory, enters into a fourth dialogue with the history of reproduction as politicized and biopoliticized, a problematic to date taken up most directly by Ann Stoler in Race and the Education of Desire. This allows for a revisiting of the complex relationship between the vectors of ‘sex’ and ‘life’ in HS1. Although reproductive sex, and reproductive life, are not the themes of the strongest importance in HS1, they serve as the invisible hinge at the interface of biopolitics and sex in HS1. Considering the status of reproductive life from this perspective becomes a departure point for reconsidering the reproductive woman, in her historical role as part of the problematized Malthusian couple and at the intersection of biopolitics and thanatopolitics. (shrink)

Debates about effective responses to the COVID-19 pandemic have emphasized the paramount importance of digital tracing technology in suppressing the disease. So far, discussions about the ethics of this technology have focused on privacy concerns, efficacy, and uptake. However, important issues regarding power imbalances and vulnerability also warrant attention. As demonstrated in other forms of digital surveillance, vulnerable subpopulations pay a higher price for surveillance measures. There is reason to worry that some types of COVID-19 technology might lead to the (...) employment of disproportionate profiling, policing, and criminalization of marginalized groups. It is, thus, of crucial importance to interrogate vulnerability in COVID-19 apps and ensure that the development, implementation, and data use of this surveillance technology avoids exacerbating vulnerability and the risk of harm to surveilled subpopulations, while maintaining the benefits of data collection across the whole population. This paper outlines the major challenges and a set of values that should be taken into account when implementing disease surveillance technology in the pandemic response. (shrink)

This article critically interrogates how in contemporary Irish political discourse anti-populism, specifically anti-left populism, is articulated as a form of anti-republicanism. This is large part due to the histories of anti-colonial republicanism in Ireland and the popular republican grammar they have bequeathed to contemporary political discourse. This thematic of (anti)populist politics is of renewed interest and urgency given the recent surge in popularity of Sinn Féin, a broadly left-wing republican populist party. This article adopts a discourse analytical method and identifies (...) several key tropes of anti-republican anti-populism that centre largely around the framing of Sinn Féin as a non-normative or not-normal political party, given its historical connection to paramilitarism. Other key themes of anti-republican anti-populism include the politics of housing, policing and the nature of democratic representation. What emerges is a picture of Irish republicanism as a spectral remainder of past political struggles against colonial order and political exclusion. As such, republican politics bring into view the contingency of established order and reveals the fragile nature of political legitimacy in post-partition Ireland. This article concludes by commenting on what the Irish postcolony reveals about the nature of anti-populisms in Europe and its peripheries. (shrink)

This review shows that there is now a solid scientific evidence base for the “expert” evaluation of disputed confession cases in judicial proceedings. Real-life cases have driven the science by stimulating research into “coercive” police questioning techniques, psychological vulnerabilities to false confession, and the development and validation of psychometric tests of interrogative suggestibility and compliance. Mandatory electronic recording of police interviews has helped with identifying the situational and personal “risk factors” involved in false confessions and how these interact. (...) It is the combination of a detailed evaluation and analysis of real-life cases, experimental work, and community (and prison/police station) studies that have greatly advanced the science over the past 40 years. In this review, the story of the development of the science during this “golden era” is told through the three established error pathways to false confessions and wrongful convictions: misclassification, coercion, and contamination. A case study of a major miscarriage of justice is used to highlight the key issues at each stage of the error pathways and it shows the continued resistance of the judiciary to admit mistakes and learn from them. Science is a powerful platform from which to educate the police and the judiciary. (shrink)

Dispossession describes the condition of those who have lost land, citizenship, property, and a broader belonging to the world. This thought-provoking book seeks to elaborate our understanding of dispossession outside of the conventional logic of possession, a hallmark of capitalism, liberalism, and humanism. Can dispossession simultaneously characterize political responses and opposition to the disenfranchisement associated with unjust dispossession of land, economic and political power, and basic conditions for living? In the context of neoliberal expropriation of labor and livelihood, dispossession opens (...) up a performative condition of being both affected by injustice and prompted to act. From the uprisings in the Middle East and North Africa to the anti-neoliberal gatherings at Puerta del Sol, Syntagma and Zucchotti Park, an alternative political and affective economy of bodies in public is being formed. Bodies on the street are precarious - exposed to police force, they are also standing for, and opposing, their dispossession. These bodies insist upon their collective standing, organize themselves without and against hierarchy, and refuse to become disposable: they demand regard. This book interrogates the agonistic and open-ended corporeality and conviviality of the crowd as it assembles in cities to protest political and economic dispossession through a performative dispossession of the sovereign subject and its propriety. (shrink)

psychological terms, the [Japanese] system relies on positive rather than negative reinforcement, emphasizing loving acceptance in exchange for genuine repentance. An analogue of what the Japanese policeman wants the offender to feel is the tearful relief of a child when confession of wrongdoing to his parents results in a gentle laugh and a warm hug. In relation to American policemen, Japanese officers want to be known for the warmth of their care rather than the strictness of their enforcement.1Much of the (...) most disturbing police behaviour stems from two connected facts: the system's overwhelming dependence on admissions of guilt, and the absence of checks on police power in the interrogation room. In Japan, the conditions of interrogation—the duration and intensity of questioning, the duty to endure questioning even after the right to silence has been invoked, and the unavailability of defence lawyers—means that an ‘overborne will’ is more than merely an occasional problem.2. (shrink)

Un spectre hante l'Université française : celui de la déconstruction. Créé par Jacques Derrida à la fin des années 1960, ce concept est devenu, dans l'esprit des réactionnaires de tout poil, le mot-valise désignant tout ce qu'ils haïssent dans la pensée, lorsque celle-ci cherche à émanciper davantage qu'à ordonner. Dégénérescence de la culture, mépris pour les grandes œuvres, délire interprétatif, amphigouri linguistique, danger politique, confusion sexuelle, licence morale : à en croire les ennemis de la déconstruction, tout ce qui va' (...) mal dans le monde lui est imputable. Que signifie la fixation frénétique d'une frange d'intellectuels sur tout ce qui peut ressembler à une pensée différente, inventive et fondamentalement démocratique? Que cela signifie-t-il, si ce n'est la volonté de policer la pensée et ses institutions, pour mieux, ensuite, policer les corps? Telle est l'interrogation qui a présidé au colloque "Qui a peur de la déconstruction?", qui s'est tenu à l'École normale supérieure et à la Sorbonne en janvier 2023. En voici les actes."--Cover page 4. (shrink)

In "Heidegger and Criticism: Retrieving the Cultural Politics of Destruction", William Spanos examines the controversy, both in Europe and the United States, surrounding Heidegger and recent disclosures about his Nazi past. Not intended as a defense or apology for Heidegger's thought, Spanos instead affirms the importance of Heidegger's "antihumanist" interrogation of the modern age, its globalization of technology, and its neo-imperialist politics. The attack on Heidegger's "antihumanistic" discourse (by "liberal humanists" who have imported the European debate into the United States) (...) aligns ideologically with the ongoing policing operations of William Bennett, Allan Bloom, E.D. Hirsch, Roger Kimball, Dinesh D'Souza, and others in the spheres of higher education and cultural production. Throughout his arguments, Spanos focuses not so much on Heidegger the historical subject, as on the transformative cultural and political discourses and practices, implicit in and enabled by Heidegger's interrogations of Being and Time, that have led to the contemporary emergence of the multiplicity of resistant "Others" colonized by hegemonic discursive formations. All the while he reminds us that Heidegger's philosophic interrogations eventually generate a diverse body of transgressive writing and an oppositional intellectual climate in the West. Spanos is author of "Repetitions: the Postmodern Occasion in Literature and Culture" (1987) and "The End of Education: Toward Posthumanism" (Minnesota, 1992), and the editor of "Martin Heidegger and the Question in Literature" (1980) and the co-editor of "The Question of Textuality: Strategies of Reading in Contemporary American Criticism" (1982). This book is intended for those in the fields of philosophy, literary theory, political theory. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Grieving One More TimeNeethi Pinto"The deeper sorrow carves into your being, the more joy you can contain."—Kahlil GibranI take care of very sick children in the pediatric intensive care unit (PICU). When a child dies, grief strikes in three distinct waves. First, I grieve for the child we couldn't heal, the unfairness, and the complete and utter sadness of a life cut too short. Then, I grieve for the (...) survivors—the families whose lives will be changed forever and who must find the strength to go on. It's not until later, in solitude, that I am able to grieve a third time—this time by and for myself.As clinicians, we are also survivors. Yet, our culture in medicine rarely affords us the permission or the grace to unpack the depth of the sorrow and grief we regularly witness and suffer. Instead, we must summon up the fortitude to take care of the child in the next room before we can pause and process our grief. As a field, we have been more intentional about having "hot" (soon after the event) and "cold" (days to weeks later) debriefings, but these short conversations about our shared experience are limited. The sheer reality of our day-to-day lives in the PICU is that the next critically ill patient is waiting.My processing of grief happens when I replay the events leading up to the patient's death over and over and over again. Was there something I missed? Could I have done better? In fact, I teach my medical students, pediatric residents, and PICU fellows that this very questioning makes us better physicians—as long as we don't let our second-guessing or fear of making a mistake paralyze our actions in the future.Little did I know I would grieve a fourth time …"How would you feel if this was your daughter?" These words were harshly spoken by my patient's father, a former police officer, the day his daughter died of respiratory failure. I had cared for her on many occasions during her prolonged admission, including that very sad last day. Undoubtedly, he was grieving, but I could feel his anger when he interrogated me. I wondered if he remembered how he profusely thanked me for caring for his daughter when we first met or the many times our team had resuscitated her, saving her life. I spent countless hours at her bedside, during the day, in the middle of the night, away from my own young family. Sure, these hours—nights, weekends, and holidays—are "part of the job," but I chose a career in pediatric critical care because of a commitment to caring for the most medically vulnerable children—the sickest of the sick—despite these hours. As pediatric intensivists, we have a unique opportunity to help children and their families at the most harrowing times in their lives—when they face the possibility of death. Although we know at the outset that some children will not survive, the grief we experience when a child dies still runs deep. It hurts every single time. In this case, my profound grief was exacerbated by the father's hostility. One year later, my sorrow deepened when I answered my doorbell at home to find a police officer handing me a subpoena for a malpractice lawsuit regarding this child's death—a delivery intended to intimidate me. I found myself grieving a fourth time—grieving for the loss of joy—joy that had been central to my identity as a physician. [End Page 72]Then, the feeling of shame crept in and haunted me. I always understood that I entered a high-risk/high-stakes field where children die because of the severity of their illness despite state-of-the-art medicine and technology. Over the years, I've learned that not only is it rewarding to help a child survive critical illness but it is incredibly moving to forge an intense human connection with families when their children are dying. So, my shame was not due to a sense of failure in preventing this child's death but rather due to the... (shrink)

Of the many structures which constitute the intellectual architecture of Black Power, where do “canonical” sources of political theory stand? How are they incorporated, reworked, and critiqued by the movement’s leading, innovative thinkers? Eldridge Cleaver, author of Soul on Ice and Minister of Information in the Black Panther Party, is certainly such a thinker. Subsequently scorned or ignored, he sought to advance the African American struggle for liberty and equality by exposing gendered and sexualized structures of racial oppression. Cleaver chooses (...) distinctive theoretical tools, a kind of queer classicism, engaging with Plato’s Symposium and Republic as he develops new models for understanding the interdiction of black–white erotic relations, the policing of black masculinity, and the subordination of black persons within a racialized political order. Analyzing Cleaver’s engagement with Plato equips us to recognize intersections of classical political theory and modern radical thought and activism, the limits of such engagements, and the challenges for political theory when the complex interstices of race, gender, sexuality, and classicism are interrogated. (shrink)

A Lacanian approach to murder scene investigation. What if Jacques Lacan—the brilliant and eccentric Parisian psychoanalyst—had worked as a police detective, applying his theories to solve crimes? This may conjure up a mental film clip starring Peter Sellers in a trench coat, but in Lacan at the Scene, Henry Bond makes a serious and provocative claim: that apparently impenetrable events of violent death can be more effectively unraveled with Lacan's theory of psychoanalysis than with elaborate, technologically advanced forensic tools. (...) Bond's exposition on murder expands and develops a resolutely Žižekian approach. Seeking out radical and unexpected readings, Bond unpacks his material utilizing Lacan's neurosis-psychosis-perversion grid. Bond places Lacan at the crime scene and builds his argument through a series of archival crime scene photographs from the 1950s—the period when Lacan was developing his influential theories. It is not the horror of the ravished and mutilated corpses that draws his attention; instead, he interrogates seemingly minor details from the everyday, isolating and rephotographing what at first seems insignificant: a single high heeled shoe on a kitchen table, for example, or carefully folded clothes placed over a chair. From these mundane details he carefully builds a robust and comprehensive manual for Lacanian crime investigation that can stand beside the FBI's standard-issue Crime Classification Manual. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:preface This issue invites us to consider examples of feminist cultural production that use music, graphic art, and film to resist sexual conventions. Andrea Wood turns our attention to lesbian sex and romance in comics, a genre that has long captivated lay readers and is gaining popularity in academic circles. Rachel Lumsden analyzes Ethel Smyth’s 1913 musical composition “Possession,” an ode to same-sex intimacy displaying a “sonic meld” of (...) passion, desire, and political commitment. Sharmila Lodhia’s account of Nina Paley’s film Sita Sings the Blues considers how a sexually charged anitmated representation of a traditional epic can spur battles over cultural authenticity. Ariane Cruz examines how sexual pleasure presses against racist histories in a study on black women and BDSM. Whether sexuality is policed, as Chloë Taylor explores in her article, or the policing of sexuality is shunned, as Lynn Comella addresses in her review essay, it is clear that the grip of sexual politics on women ’s sexual lives is strong. Wang Zheng’s News and Views piece recounts recent global feminist tactics used to release five young feminists jailed in China, an urgent reminder about how women’s bodies are policed in violent ways. We begin this issue with Chloë Taylor’s essay reflecting on how sexology and psychiatry function to represent female desire in narrow ways. Taylor explores how female sexual dysfunction is constructed in sexology and psychiatric practice and locates this as part of a longer history of rendering selected bodies and sexual practices as deviant. Her analysis is a valuable rejoinder to the ever-expanding grip of psychiatry on the ordering—and disordering—of women’s bodies and sexuality. The line between normal and abnormal is always shifting, but its constant is how it maneuvers and is maneuvered to control female sexual desire. Taylor’s argument moves toward a non-normalizing feminist sexology that can interrogate sexual practice and function without rendering any as “right” or “wrong.” 256Preface Andrea Wood also turns to female sexuality, specifically lesbian sex, love, and romance, in her article on comics as a literary genre. Lesbian romance comics, Wood argues, offer a different discursive lens for “making the invisible visible.” Using queer theory to interrogate romantic depictions of lesbian sex and sexuality, she explores how the visual narrative form of comics allows for a different and politically compelling depiction of lesbian identity and sexual activity. Although lesbian romance and same-sex desire has been an interest of many feminist scholars, few have examined the visual field of lesbian comics—a genre, Wood insists, that demonstrates resistance to what Adrienne Rich identified as “compulsory heterosexuality.” Rachel Lumsden draws our attention to composer Ethel Smyth’s understudied song “Possession.” The song is a rumination on what it means to possess something or someone, and what it means to be possessed ; it is also a song that Smyth dedicated to Emmeline Pankhurst, her political comrade as well as her close friend and muse. Lumsden reads the song as a creative, strategically ambiguous “ode to an intimate female relationship,” a tribute to the respect, affection, and tenderness that Pankhurst and Smyth shared. Rather than reveal the “truth” of Smyth’s relationship with Pankhurst, Lumsden instead invites readers to consider the “sonic meld” of “Possession” as a space through which “themes of desire, activism, eroticism, solidarity, and sacrifice coalesce and congeal ” and as a site through which Smyth narrated her experiences, passions, desires, and political commitments. Sharmila Lodhia engages the controversy surrounding Nina Paley’s re-telling of the Ramayana in her film Sita Sings the Blues, which some critics have deemed “offensive,” “insulting,” and a “desecration of the Ramayana and the Hindu faith.” Lodhia treats Paley’s film—which positions Sita rather than Ram as the story’s protagonist, deploys animation and myriad narrator perspectives, fuses Paley’s own story with Sita’s story, and sets the story to a 1920s blues soundtrack—as a productive “body of critique about the epic’s central teachings on virtue, righteousness, and idealized gender roles.” By situating Paley’s retelling of the Ramayana in the context of numerous and varied Ramayana retellings, Lodhia reveals that Sita Sings the Blues is a “creative... (shrink)

L'auteur retrace l'histoire récente du droit des étrangers à partir de la distinction entre ordres publics de direction et de protection. Il montre que d'une base de « haute police » sont nées plusieurs branches distinctes : sécuritaire, dissuasive et économique. Il s'interroge sur le débordement de ce modèle par la crise migratoire et propose une conception renouvelée, en partie extra-territoriale, de l'ordre public migratoire européen.

This article presents two of Foucault’s lesser known notions, “justice fonctionnelle" and “stratégie du pourtour”, in order to interrogate the role of legislators in regard to the policing of political dissent. This article contains three parts. First, I present the two lesser known notions referred to above. Then, I provide my understanding of the role of law for Foucault. Finally, in the third part, I explain how a consensual relationship between the police and legislators is established. I present briefly (...) the work of Avrom Sherr and outline the contents of a recent U.S. anti-protest law which gives the police greater powers to redefine the legal nature of public space and to make arrests without having to show criminal intent on the part of protesters. My aim is to further think through the paradox that Foucault mentioned in his lectures on security societies: non-judicial methods used in security processes undermine the primacy of law but also lead to the overproduction of laws. (shrink)