Governed By Law?

Rose, Nikolas; Valverde, Mariana

doi:10.1177/096466399800700405

Cited by 200 publications

(101 citation statements)

References 2 publications

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“…Moreover, drawing on insights from the later work of Michel Foucault (1979Foucault ( , 2003Foucault ( , 2004Foucault ( , 2007, legal processes of foreclosure can be understood as but part of a wider and decentralized set of disciplinary and governmental power relations. As Rose and Valverde (1998) summarize, the privileged place of law in the administration of populations can be thought of as a reflection of a particular sovereign and centralized form of power which has been displaced but not evaporated in modern liberal societies. In their terms, 'the legal complex' has 'become welded to substantive, normalizing, disciplinary and bio-political objectives having to do with the re-shaping of individual and collective conduct in relation to particular substantive conceptions of desirable ends' (p. 543).…”

Section: The Government Of Sub-primementioning

confidence: 99%

“…As Rose and Valverde (1998) Finally, and perhaps ultimately, forbearance is necessarily ambivalent politically because it constitutes the co-responsibility that may or may not emerge between lender and debtor as an exceptional suspension of disciplinary norms. Once undertaken, forbearnance reassembles the borrower as a responsible and self-disciplinary subject.…”

Section: From Abandonment To Co-responsibility?mentioning

confidence: 99%

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Debt, Discipline, and Government: Foreclosure and Forbearance in the Subprime Mortgage Crisis

Langley

2009

Environ Plan A

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According to the Mortgage Bankers Association's (MBA's) National Delinquency Survey of June 2008, and based on their quarterly monitoring of a sample of 44 million mortgage loans,``about 1 in 11 mortgageholders face loan problems'' in the United States of America (Bajaj and Grynbaum, 2008). (1) Although the majority of these struggling mortgagors have missed a monthly repayment and are therefore categorised as`delinquent' by lenders, a sizeable number are said to be`in default' as their delinquency stretches over ninety days or more. Most disturbing, however, are the large and increasing number of mortgagors who, having passed through default, are being punished through`foreclosure'. Foreclosure is the legal process through which lenders and loan servicers exercise a right to sell, or to repossess ownership of, the property which has been pledged as security for a mortgage. The June 2008 levels of mortgage nonpayment are the highest since the MBA first undertook their survey in 1979, and represent a sharp turnaround from 2006 when delinquency, default, and foreclosure were all at their lowest recorded levels.Beneath the aggregate figures for delinquency, default, and foreclosure, the MBA's survey includes measures by loan type (eg prime, subprime), product type (eg fixed rate, adjustable rate), and state. As might be expected, these measures show that rates of delinquency, default, and especially foreclosure are much higher in the`subprime' sector of the market which concentrates on`high-risk' borrowers with low, irregular, or unverifiable incomes (such as workers on temporary employment contracts or the

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Section: The Government Of Sub-primementioning

confidence: 99%

Section: From Abandonment To Co-responsibility?mentioning

confidence: 99%

Debt, Discipline, and Government: Foreclosure and Forbearance in the Subprime Mortgage Crisis

Langley

2009

Environ Plan A

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“…Firstly, disciplinary systems require legal framing not just to lend them legitimation but to actually constitute the rules, authority structures and capacities that will inhabit them. 28 Secondly, the rise of democratic constitutionalism did not simply open the legal complex to the slow penetration of disciplinary norms but it also dramatically resituated the terms of power within the sovereign compact. Thus, in step with the rise of individual rights, the binary logic of interdiction and prohibition came to be applicable to the sovereign himself (or the state).…”

mentioning

confidence: 99%

Discipline Unbound: Patuxent, Treatment and the Colonization of Law

Follis

2016

Law, Culture & the Humanities

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This article engages Michel Foucault’s thesis that post-sovereign law would be increasingly colonized by the disciplinary norm. It explores, through an analysis of prisoner litigation surrounding Maryland’s Patuxent Institution and its defective delinquency statute, how disciplinary power is enabled, understood, and resisted through law. I argue that Article 31B (as the defective delinquency statute was known) set up a zone of expert prerogative and discretion actively maintained and legitimated through jurisprudence. Yet, paradoxically, law also functioned as a conduit for resistance and contestation pitting the epistemological premises of discipline against the functions of legal jurisprudence and the foundations of criminal law. I contend that this dual character of law’s engagement with discipline (i.e., at once open to expert “colonization” and site of structural incompatibility and resistance) illustrates the intractability of the relationship between the disciplinary and law. That is, law both constitutes disciplinary space (and within this normative envelope, discipline can be “unbound”) and remains in a state of tension with the forms of power that develop within it (which by their very premises seek to exceed the limits law would place upon them).

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“…This approach seeks to 'de-centre' law and judicial administration and focus instead on the regulatory 'action of the norm' and normalization (Foucault, 5 1979;Garland, 1985). The literature deriving from Foucault's account of law and norm questions assumptions about the specific power of law, including 'informal' legal powers (van Krieken, 2001), as distinct from the kind of power exercised through interventions aimed at normalising family life and regulating the upbringing of children (Hunt, 1992;Hunt and Wickham, 1994;Rose and Valverde, 1998;McCallum, 2004).…”

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confidence: 99%

Informal powers and the removal of Aboriginal children: Consequences for health and social order

McCallum¹

2007

International Journal of the Sociology of Law

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Current high levels of morbidity and mortality, and high rates of incarceration among Australian Aboriginal populations are related historically to the attempted separation of Aboriginal people from family and community. The paper discusses these events through an analysis of legal and extra-legal forms of power in the late 19 th century in Victoria, and through an analysis of the workings of the informal powers of administrators and mission superintendents, within a broader framework of liberal political reason.

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Governed By Law?

Cited by 200 publications

References 2 publications

Debt, Discipline, and Government: Foreclosure and Forbearance in the Subprime Mortgage Crisis

Debt, Discipline, and Government: Foreclosure and Forbearance in the Subprime Mortgage Crisis

Discipline Unbound: Patuxent, Treatment and the Colonization of Law

Informal powers and the removal of Aboriginal children: Consequences for health and social order

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