▪ Abstract This review surveys the development of Michel Foucault's analysis of political power in terms of governmentality and outlines its key characteristics. It examines the spread of this perspective, focusing in particular on how this genealogical approach to the analysis of the conduct of each and of all has been taken up and developed in the English-speaking world. It evaluates some of the key criticisms that have been made of the analytics of governmentality and argues for the continuing productivity and creativity of these ways of analyzing the emergence, nature, and consequences of the arts of government.
Since the 1980s, critical studies of law and space have fruitfully explored the insight that law's mechanisms can be understood in part as mapping exercises. Existing work on law's scales (especially that using a post-colonial studies frame) has delved into the qualitative as well as the quantitative dimensions of scale, thus exposing some key epistemological issues in law. This article moves the discussion forward by demonstrating that theoretical work on `scale' — outside and inside legal studies — could benefit from studying specifically legal mechanisms such as `jurisdiction'. Recent work has shown that the various modes and rationalities of governance that coexist in every political-legal `interlegality' are not necessarily tethered to any particular scale; thus, exploring jurisdiction's effects takes us beyond scale. As an example, the knowledge moves that constitute what in the USA is called `the police power of the state' are briefly discussed. The fact that the gaze of police science/police regulation is not simply geographically local, but is rather specifically urban, shows the importance of understanding the complex governing manoeuvres enabled by the legal game of jurisdiction — especially if work on `scale' and jurisdiction is then supplemented by a consideration of the plural temporalities of governance, since temporality tends to become invisible both in analyses that privilege space and in the somewhat static diagrams of governance that make up the game of jurisdiction.
Studies of urban governance, as well as the overlapping literature on law and space, have been heavily influenced by critical analyses of how spatial techniques helped constitute modern disciplinary powers and knowledges. The rise of land‐use control and land‐use planning seem at first sight to be perfect examples of the disciplining of populations through space by the kind of governmental gaze dubbed by Scott (1998) as “seeing like a state.” But a detailed genealogical study that puts the emergence of the notion of “land use” in the broader context of urban governance technologies reveals that modernist techniques of land use planning, such as North American zoning, are more flexible, contradictory, and fragile than critical urbanists assume. Legal tools of premodern origin that target nonquantifiable offensiveness and thus construct an embodied and relational form of urban subjectivity keep reappearing in the present day. When cities attempt to govern conflicts about the use of space through objective rules, these rules often undermine themselves in a dialectical process that results in the return to older notions of offensiveness. This article argues that the dialectical process by which modernist “seeing like a state” techniques give way to older ways of seeing (e.g., the logic of nuisance) plays a central role in the epistemologically hybrid approach to governing space that is here called “seeing like a city.”
Another consequence of this development of bio-power was the growing importance assumed by the action of the norm at the expense of the juridical system of the law... I do not mean to say that the law fades into the back ground or that the institutions of justice tend to disappear, but rather that the law operates more and more as a norm, and that the judicial institution is increasingly incorporated into a continuum of apparatuses (medical, adminis trative, and so on) whose functions are for the most part regulatory. A nor malizing society is the historical outcome of a technology of power centred on life. (Michel Foucault, The History of Sexuality Vol. 1, 1979: 144)
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