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  • Follis-Discipline Unbound Paper (2)

    Rights statement: The final, definitive version of this article has been published in the Journal, Law, Culture and the Humanities, 13 (1), 2017, © SAGE Publications Ltd, 2017 by SAGE Publications Ltd at the Law, Culture and the Humanities: http://journals.sagepub.com/home/lch on SAGE Journals Online: http://journals.sagepub.com/

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Discipline unbound: patuxent, treatment and the colonization of law

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Discipline unbound : patuxent, treatment and the colonization of law. / Follis, Luca.

In: Law, Culture and the Humanities, Vol. 13, No. 1, 01.02.2017, p. 56-80.

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Follis, Luca. / Discipline unbound : patuxent, treatment and the colonization of law. In: Law, Culture and the Humanities. 2017 ; Vol. 13, No. 1. pp. 56-80.

Bibtex

@article{23bc00e004c94974a500a64f96b7d13f,
title = "Discipline unbound: patuxent, treatment and the colonization of law",
abstract = "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).",
keywords = "Michel Foucault, disciplinary power, sovereign power, psychiatric power, clinical knowledge, legal resistance, prisoner rights",
author = "Luca Follis",
note = "The final, definitive version of this article has been published in the Journal, Law, Culture and the Humanities, 13 (1), 2017, {\circledC} SAGE Publications Ltd, 2017 by SAGE Publications Ltd at the Law, Culture and the Humanities: http://journals.sagepub.com/home/lch on SAGE Journals Online: http://journals.sagepub.com/",
year = "2017",
month = "2",
day = "1",
doi = "10.1177/1743872113509916",
language = "English",
volume = "13",
pages = "56--80",
journal = "Law, Culture and the Humanities",
issn = "1743-8721",
publisher = "SAGE Publications Ltd",
number = "1",

}

RIS

TY - JOUR

T1 - Discipline unbound

T2 - patuxent, treatment and the colonization of law

AU - Follis, Luca

N1 - The final, definitive version of this article has been published in the Journal, Law, Culture and the Humanities, 13 (1), 2017, © SAGE Publications Ltd, 2017 by SAGE Publications Ltd at the Law, Culture and the Humanities: http://journals.sagepub.com/home/lch on SAGE Journals Online: http://journals.sagepub.com/

PY - 2017/2/1

Y1 - 2017/2/1

N2 - 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).

AB - 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).

KW - Michel Foucault

KW - disciplinary power

KW - sovereign power

KW - psychiatric power

KW - clinical knowledge

KW - legal resistance

KW - prisoner rights

U2 - 10.1177/1743872113509916

DO - 10.1177/1743872113509916

M3 - Journal article

VL - 13

SP - 56

EP - 80

JO - Law, Culture and the Humanities

JF - Law, Culture and the Humanities

SN - 1743-8721

IS - 1

ER -