Justice and management, an unexpected love story. Mobility as a matchmaker


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Presentation on the ISA/RCSL 2013 Workshop (Reforms and Managerialisation of the Legal Profession and Legal Organisations).
Video capture of the intervention as first slide.
Also on www.mincke.be

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Justice and management, an unexpected love story. Mobility as a matchmaker

  1. 1. Institut National de Criminalistique et de Criminologie ISA/RCSL 2013 - Workshop Reforms and Managerialisation of the Legal Profession and Legal Organisations Justice and management, an unexpected love story. Mobility as a matchmaker Christophe Mincke (INCC/USL-Bruxelles)
  2. 2. Criminal justice & management? • According to Kaminski (2008) criminal justice undergoes 4 mutations: • Activity rise • Power redistribution between penal institutions (upstream) • Promotion of proximity • Participatory evolutions • Kaminski links these evolutions with managerial imperatives: • Productivity (flows management) • Efficiency • Customer service • « définalisation »
  3. 3. Management in a bureaucratic landscape • Kaminski: management would only be a way to stabilise the bureaucratic penal system (as it is the nature of criminal justice to be bureaucratic)... ! ! ! ! ! • ... using simultaneously 4 different action modes (Quinn, 1988) Bureaucratic integrated penal field Managerial organisations and practices Partnerships Contracts
  4. 4. 4 models of justices • Kaminski considers that these 4 action modes lay at the base of 4 corresponding conceptions of criminal justice Bureaucracy Imposed justice Managerialism Consensual justice Cooperative partnership Participatory justice Competitive market Negociated justice
  5. 5. Further • These conceptions about the relationships between management and criminal justice could be refined on two aspects: • Understanding why management has been accepted by the penal biotope • Understanding how it integrates into much broader social evolutions • Proposal: mobilitarian ideology (Mincke & Montulet)
  6. 6. Mobilitarian ideology? • 4 imperatives • Activity • Activation • Participation • Adaptation • Mainly Belgian criminal law (but certainly, a broader movement)
  7. 7. Activity • Activity has become a central imperative in repressive policies. Doing something - anything - is considered as a good in itself. • Control of activity is developed through monitoring systems • Examples: • Community services based on the activity of the offender • Mediation requiring litigant’s activity to progress • Prison’s problematic redefined through the question of loss of autonomy (ability to act) • Control = monitoring (for all actors of criminal justice)
  8. 8. Activation • No question of routines and mechanical actions.The principle of movement must lie in the person itself.The acceptation, moreover, the will of the person is necessary. Responsibilisation. • Examples: • Simple acceptation of community service penalty in Belgium • Assistance to detainees conceived as an offer of services • Requirement vis-à-vis the institutional actors (such as public prosecutor) to take initiatives and not simply to apply the law mechanically • Belgian « Houses of justice » do promote themselves to institutional « clients »
  9. 9. Participation • Imperatives not only concern individual behaviour, they also constraint interactions with the environment • Participation is the obligation of developing collective projects (both successively and in the same time) • Examples: • Mediation is seen as a shift from conflict to cooperation • Victim and offender support is growingly seen as a project build with their active participation • Prison is described as a participatory project • Criminal procedure is a collectively monitored flow
  10. 10. Adaptation • In order to participate to multiple projects, you have to be able to adapt yourself to the others, the specific context, the particular demands of a field, an objective, a method, etc. Adaptation is thus a main virtue. • Examples: • Belgian victim-support system requires constant adaptation to different and complex contexts • Mediation demands a reciprocal adaptation of litigants and of mediator to the very specificities of each case • Even legal rules have to be carefully applied (and not applied) (penitentiary law, blurred laws as the one creating mediation)
  11. 11. Mobility? Mobilitarian! • Activity, activation, participation, adaptation, something in common: mobility. Imperative mobility: mobilitarian ideology • Mobilitarian ideology: mobility as a good in itself... not only for justice • Mobility is a movement through space during a stretch of time.Thus related to space & time • Space as a non-physical dimension (social, conceptual, imaginary, physical, etc.)
  12. 12. Space-time shift • The way we collectively conceive and live time-space has changed • Space: • From circumscription to punctuation • From hierarchies to competitive attractiveness • Time: • From stases and ruptures to progressive and constant change • From eras to flow • Space-time morphology: from limit-form to flow-form • Mobility has become prior to immobility… and thus compulsory
  13. 13. And what about criminal justice? • 4 kaminskian evolutions of criminal justice: • Activity rise: activity, activation and overload as a way of living • Power redistribution: punctuated space and undifferentiated powers (but not necessarily upstream), participation and time as a flow • Promotion of proximity / participatory evolutions: two ways of naming the same phenomenon. It’s all about relation in a nonhierarchical space. Relations is underlying both participation and adaptation.
  14. 14. And what about management? • 4 main principles of management: • Productivity (flows management) & efficiency: activity, processes as flows and fluid circulation as perfect efficiency • Customer-service: participation and adaptation as relational imperatives, value as co-defined • « Définalisation »: drifting-mobility vs. crossing-mobility [ a shift in the perception of aims • Bureaucracy and imposed justice oppose to the three other actions-modes and their models of justice. One one side: a limit-form system, on the other: different levels of imposition of the mobilitarian imperatives, based on the flow-form morphology • Management is thus no refinement of bureaucracy, but one of the numerous applications of a new relation to mobility, space and time
  15. 15. This way out… • Management is only one in a large number of declinations of mobilitarian ideology.This helps understanding how management could be accepted so easily in a system that seemed very far away from its values. It’s just the conquest of a conservative domain by a very common way of thinking and prescribing • We can make a link between these changes and others, occurring in domains such as family models, sexual behaviours, health policies, etc.
  16. 16. Recording of this presentation on
www.mincke.be ! Text published in French inDéviance et Société, 2013/84 Christophe Mincke (INCC) christophe.mincke@just.fgov.be christophe@mincke.be