‘Prevention of evil,production of good’: Jeremy Bentham’s indirect legislation and its contribution to a new theory of prevention

ABSTRACT

This paper critically analyses current depictions of prevention and tries to offer a new theoretical reflection on the concept by reconstructing it on the basis of Jeremy Bentham’s writings on indirect legislation. It is my aim not only to explore Bentham’s concept of indirect legislation as an outstanding example of enlightened social/public policy, but also to show to what extent his thoughts might be a fruitful contribution to a necessary reconceptualization of current conceptions of prevention, which are heavily criticized by many scholars.     

The moral ecology of colonial infrastructure and the vicissitudes of land rights in rural Pakistan

For the last 10 years, the Pakistan army has not been able to collect rent from tenant farmers on its military farms in central Punjab. In this article, I analyse the historical and cultural significance of this contested land by using insights from recent literature on the politics of infrastructure to examine the contingency of rule in Pakistan, a postcolonial state, which is dominated by its army. I illustrate these dynamics by exploring the challenge brought up by a peasant movement to tacit cultural understandings about land and political subjectivity in central Punjab, the folkloric heartland of Pakistani nationalism. I argue that place-based movements, like the Punjab Tenants Association, can radically challenge our sense of place by giving a relational account of land as both a material substance and a crucial link in the set of relations that define moral, economic and political life. This approach broadens the emerging study of infrastructures by engaging insights from science/technology studies and subaltern studies to examine how cultural legacies of colonial infrastructure projects shape state–society relations in Pakistan.     

William T. Cavanaugh and René Girard

Abstract

This article examines the argument of William T. Cavanaugh’s The Myth of Religious Violence in the light of the mimetic theory of the French-American cultural theorist Rene Girard. Though the two projects are significantly different I argue for their mutual compatibility. Each author is “apologetic” for the Christian revelation, though the presence of theology in “The Myth . . .” is muted or implicit, as in Walter Benjamin’s parable of the puppet and the dwarf. I argue for four areas of specific convergence between Cavanaugh and Girard, arising from a shared Augustinian, “two Cities” suspicion of the state, and their resistance to the secularising marginalisation of the Judeo-Christian tradition. The notion of martyrdom as a “dramatic” performance is a further shared dimension. Finally, I argue that the apparent divergence of their approaches, between an anthropological thesis (Girard’s) and a historical one (Cavanaugh’s) is narrowed when we consider the later work of Girard and its examination of nineteenth century dynamics of escalation in warfare in his last book Battling to the End.     

Narrating urban assemblages—Chris Ware and Building Stories

This article takes up the recent interest in assemblage theory in urban geography and considers the potential for art to contribute to our narrations of urban assemblages. In particular, it uses Chris Ware's recent magnum opus, Building Stories, as not only an account of the urban as an assemblage, but to indicate more broadly the way in which comics might be used to narrate urban assemblages in ways that highlight their multiplicity and plurivocality. The article draws out three themes in its analysis of Building Stories: more-than-human subjects, the various temporalities of the city, and the way memory and narrative are emergent from urban assemblages.     

THE VERTIGO OF HISTORICAL ANALYSES IN A GLOBALIZING WORLD

In this anthology, Joan Scott reconfigures her understanding of feminist history and thus contributes to a long overdue theoretical discussion on how we can write feminist history in a globalizing world. She traces both the history of gender history and the history of feminist movements. Scott's main source of inspiration is the French version of psychoanalysis following Lacan. In a further development of her pioneering 1986 article, “Gender: A Useful Category of Historical Analysis,” she points out that gender is neither a mere social construction nor a somehow biological referent (such as “sex”). Integrating the constructive criticism of her approach elaborated prominently by Judith Butler during the 1990s, Scott argues instead that gender is a historically and culturally specific attempt to resolve the dilemma of sexual difference. Sexual difference, for its part, is also far from referring simply to physically different male/female bodies. Sexual difference is, for Scott, a permanent quandary for modern subjects, a puzzle to which every society or culture finds specific answers. My reading of her book concentrates on two main questions that run like a thread through her considerations: First, how can we bridge the gap between a subject and a group? Second, how can we overcome binary oppositions and/or fixed categories and entities—a challenge that becomes even more important every day in a rapidly globalizing world. I broadly discuss the benefits and shortcomings of the pivotal role Scott ascribes to fantasy. Although the concept of fantasy is powerful and striking, particularly with reference to the concepts of “imagined communities” and “invented traditions,” coined by Eric Hobsbawm and Benedict Anderson, I find the Lacanian tone to be less convincing.     

THE WORDS OF HISTORY

In From History to Theory, Kerwin Lee Klein writes a history of the central terms of the discipline of theory of history, such as “historiography,” “philosophy of history,” “theory of history,” and “memory.” Klein tells us when and how these terms were used, how the usage of some (“historiography” and “philosophy of history”) declined during the twentieth century, and how other terms (“theory” and “memory”) became increasingly popular. More important, Klein also shows that the use of these words is not innocent. Using words such as “theory” or “historiography” implies certain specific ideas about what the writing of history should be like, and how theoretical reflection on the nature of history and its writing relates to the practical issues of the discipline. In the second half of his book, Klein focuses more on the concept of memory and the memory boom since the later part of the 1980s. He observes that “memory” came to be seen as a kind of “counterhistory,” a postcolonial, fragmented, and personal alternative to the traditional mainstream discourse of history. Klein does not necessarily disagree with this view, but he does warn us about unwanted side effects. More specifically, he argues that the discourse of memory is surprisingly compatible with that of extremist right‐wing groups, and should be treated with suspicion. Although Klein certainly has a point, he presents it in a rather dogmatic fashion. However, a more nuanced version of Klein's criticism of memory can be developed by building on Klein's suggestion that there is an intimate connection between memory and identity.     

Rent,Real Estate,and Flood Mitigation in New Orleans East

This paper presents results from a study of environmental harm created in the collision of real estate speculation and the political process that governed extension of the urban frontier of New Orleans into its eastern wetlands. Near term concerns of rent‐seeking real estate capital and the contested politics of urban infrastructure expansion challenged a fragmented state charged with regulatory oversight and protection of investments in land and citizens. The paper engages theoretically the relative inattention of urban political ecology theory to rent as a way to theorize how capital flows through land, and argues for increased attention to the problem of land rent and the multiple scales of political engagement that manage ecological crisis immanent in the metabolism of nature and society under capitalism.     

Culture and Legal Policy Punctuation in the Supreme Court's Gender Discrimination Cases

For the most part, punctuated equilibrium scholarship has ignored the legal policy change generated by the Supreme Court. In this study, I address this gap though an examination of the Court's equal protection and gender cases from the 1970s. My case study here has two aims. First, I offer an adaptation of the jurisprudential regimes framework as a device for framing and identifying legal policy punctuations. After identifying Reed v. Reed (1971) as the cut point of such a regime, I then use Reed and its progeny to illustrate the promise of culture in explaining stasis and change, specifically focusing on the concepts of cultural cognition and cultural surprise.     

Cultural Worldview and Preference for Childhood Vaccination Policy

In the face of the reemerging threat of preventable diseases and the simultaneous vaccine risk controversy, what explains variations in Americans’ policy preferences regarding childhood vaccinations? Using original data from a recent nationwide Internet survey of 1,213 American adults, this research seeks to explain differing public opinions on childhood vaccination policies and related issues of governance. As Mary Douglas and Aaron Wildavsky's grid‐group cultural theory of policy preference formation suggests, cultural biases have a significant impact on the formation of preferences toward various vaccination policies. Hierarchs are in support of mandatory vaccination, oppose religious and philosophical exemption, and believe the government should preside over vaccination‐related decisions. Fatalists strike a bold contrast in their opposition to mandatory vaccination policy and support for religious and philosophical exemptions and the role of parents in deciding on vaccinations. Falling between hierarchs and fatalists, egalitarian support for vaccinations is stronger than individualists‘.