The sovereign state v Foucault: law and disciplinary power

A Foucauldian analysis of discourse and power relations suggests that law and the juridical field have lost their pre–eminent role in government via the delegated exercise of sovereign power. According to Foucault, the government of a population is achieved through the wide dispersal of technologies of power which are relatively invisible and which function in discursive sites and practices throughout the social fabric. Expert knowledge occupies a privileged position in government and its essentially discretionary and norm–governed judgements infiltrate and colonise previous sites of power. This paper sets out to challenge a Foucauldian view that principled law has ceded its power and authority to the disciplinary sciences and their expert practitioners. It argues, with particular reference to case law on sterilisation and caesarean sections, that law and the juridical field operate to manipulate and control expert knowledge to their own ends. In so doing, law continually exercises and re–affirms its power as part of the sovereign state. Far from acting, as Foucault suggests, to provide a legitimating gloss on the subversive operations of technologies of power, law turns the tables and itself operates a form of surveillance over the norm–governed exercise of expert knowledge.     

Epistemic authority and the gender lens

Researching ‘hidden’ forms of social inequality such as gender often poses particular challenges. Not least of these is how to uncover such dimensions of social life whilst preserving the perspectives of research participants, who may not consider such matters relevant to their lives, particularly if other forms of identity or oppression are more prominent for them. Here, I reflect on these issues in the context of researching user involvement in mental health services from a feminist perspective. I show how ‘uncovering’ gender and other forms of social inequality in the field was aided through adopting a wide analytical lens focusing on power, along with reflexivity and openness in discussing my own political analysis and commitments in relation to the study area with the researched. I also describe how I attempted to resolve the epistemological‐ethical issues involved through conceptualising these in terms of ‘situatedness’ and gender salience and adopting a feminist standpoint which emphasised what researchers can, and indeed should, bring to the research enterprise. Related issues of power and empowerment in the research process are discussed.     

Beyond the undertheorized role of organizational power as political power in theories of the state

Critics express concerns over the theoretical pluralism in theories of the state and state power. This paper explores how organizational theories can provide more focus to theories of the state and state power thereby increasing their explanatory power. After summarizing concerns raised by political sociologists over pluralism in theories of the state and state power, the analysis focuses on existing theories of the state that employ concepts from organizational theory to understand the organizational state and its relationship to society. Particular attention is given to the state as a resource extraction and distribution mechanism, the resource dependent relationships among organizational entities inside and outside the state, and the power relations between states and organizations in their environment. This focus brings greater attention to the how groups, corporations, industries, and class fractions exercise power through organizations to influence the policy formation process.     

The authority of complexity*

The assertion about the unique 'complexity' or the peculiarly intricate character of social phenomena has, at least within sociology, a long, venerable and virtually uncontested tradition. At the turn of the last century, classical social theorists, for example, Georg Simmel and Emile Durkheim, made prominent and repeated reference to this attribute of the subject matter of sociology and the degree to which it complicates, even inhibits the develop and application of social scientific knowledge. Our paper explores the origins, the basis and the consequences of this assertion and asks in particular whether the classic complexity assertion still deserves to be invoked in analyses that ask about the production and the utilization of social scientific knowledge in modern society. We present John Maynard Keynes' economic theory and its practical applications as an illustration. We conclude that the practical value of social scientific knowledge is not dependent on a faithful, in the sense of complete, representation of social reality. Instead, social scientific knowledge that wants to optimize its practicality has to attend and attach itself to elements of social situations that can be altered or are actionable.     

The authority of Supreme Court precedent

We construct the complete network of 30,288 majority opinions written by the U.S. Supreme Court and the cases they cite from 1754 to 2002 in the United States Reports. Data from this network demonstrates quantitatively the evolution of the norm of stare decisis in the 19th Century and a significant deviation from this norm by the activist Warren Court. We further describe a method for creating authority scores using the network data to identify the most important court precedents. This method yields rankings that conform closely to evaluations by legal experts, and even predicts which cases they will identify as important in the future. An analysis of these scores over time allows us to test several hypotheses about the rise and fall of precedent. We show that reversed cases tend to be much more important than other decisions, and the cases that overrule them quickly become and remain even more important as the reversed decisions decline. We also show that the Court is careful to ground overruling decisions in past precedent, and the care it exercises is increasing in the importance of the decision that is overruled. Finally, authority scores corroborate qualitative assessments of which issues and cases the Court prioritizes and how these change over time.     

Political authority in a mediated age

The nature and impact of authority have been central to social theory since antiquity, and most students of politics, culture and organizations have – in one manner or another – visited the topic. Theorists recognize that the exercise of authority is conditioned by the environment, but their work has not always integrated fundamental changes in communication infrastructure, and in particular the diffusion of mass media. With the daily evolution of telecommunications, this is a good historical moment to re-evaluate the notion of authority. My goal is to assess ways to both preserve extraordinarily useful categories from the past, and at the same time, make those typologies more sensitive to contemporary mediated communication. Here I synthesize American research on media and political communication with recent theoretical approaches to authority, expanding current views of coercion and submission.     

Religion,classification struggles,and the state’s exercise of symbolic power

Theory and Society - The capacity to classify social groups legally is a central characteristic of modern states. Social groups, however, often resist the classificatory schemas of the state. This...     

Managerial discourse and the restructuring of a district authority

This paper arises out of continuing debates on the class position of managers and professionals in the context of public sector restructuring. Recently, attention has been focused on the self-sustaining and autonomous character of ‘professionalism’ in organisational dynamics. Such an approach underplays the cultural significance of managerial discourse as this is active in the reconstitution of professional work. In a case study of a district authority it is possible to highlight the complex nature of managerial discourse in its relations to both central and local government. This relation is above all mediated by shifting conceptions of public service on the part of managers and those in non-managerial positions. The paper concludes that due to the structural constraints under which local authorities operate directly managerial discourse is becoming increasingly significant in the reconstitution of professional and semi-professional identities.     

The state of social capital: Bringing back in power,politics, and history

Theory and Society -     

Bureaucratic power in note‐writing: authoritative expertise within the state

What produces the power of senior civil servants at ministries of finance, positioned at the top of the bureaucratic hierarchy? Max Weber has claimed that a hierarchical organization, meritocratic recruitment and procedural work provide bureaucracies with legitimacy. In particular he insisted on the role of Fachwissen (disciplinary knowledge) obtained through formal education. However, he also argued for the role of Dienstwissen, forms of knowledge and skills stemming from the experience of service in itself. Weber did not elaborate on this concept in detail, and few analysts of governmental expertise have examined this notion. We draw on the practice‐turn in sociology, combining the study of governmental expertise with micro‐sociological studies of administrative practices. By analysing interviews with 48 senior civil servants at the British, French and Norwegian ministries of finance about their daily practices, this article demonstrates that bureaucratic note‐writing and the procedural evaluation of such notes constitute a key form of expertise that yields authority. The study provides an analytical framework for understanding what administrative expertise consists of, how it is integral to procedural work, the forms bureaucratic hierarchies take in practice and how these three dimensions provide authority.