“Extraordinary powers for extraordinary times”: A conjunctural analysis of pandemic policing, common sense, and the abolitionist horizon

Abstract

In this paper, we offer a conjunctural analysis of policing and incarceration, examining their expansion in relation to structural economic conditions over the last 50 years and interrogating how the sudden onset of the Covid-19 pandemic enabled extraordinary growth in policing powers in the Australian jurisdictions of New South Wales (NSW) and Victoria (VIC). We examine how popular support for police-led responses to crisis and fines as a common-sense solution to social problems were sought during the period that the Public Health Orders were in effect in the two states. We argue that the discursive project of naturalizing the police-led response to the pandemic—via official communications from the state governments as well as media coverage of the pandemic—attempts to further entrench a vision of law and order governance in which infrastructures of discipline and punishment are necessary and inevitable. We identify this vision as a direct barrier to abolition and a significant limit on the capacity to imagine alternative frameworks for justice. We end by considering a small archive of tweets from users in NSW and VIC published on the social media platform formerly known as Twitter (now called X) in 2020–21. We argue that this archive registers the way the common-sense status of the fine as an efficient, effective, and equitable punishment gives way to punitive fantasies about police and prisons. We read this archive alongside the broad refusal to pay Covid-related fines and the ongoing legal disputes contesting the legitimacy of their issuance, concluding by proposing that the conjunctural moment of the Covid-19 pandemic has given rise to unresolved contradictions between the naturalized logic of law and order crisis management and the potential for this logic to come undone.