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Criminal Justice
Commentaries on Comaroff, Kernaghan, Taussig, and Kafka
The Criminal
The Criminal as a moral rule, a stimulus for social recovery, a
scapegoat.
“The figure of the “criminal” was now central. It personified a
new range of [rudimentary] threats, but it was also productive.
Around it grew up a new set of local demands on the state – the
call for better statistics tracking crime, for example, and the
tendency to evaluate the state’s capacity to govern according to
its ability to handle crime – to get the criminal justice system
working, to get infringement of law off the streets and into some
kind of formal process.” [2010:135]
The Criminal
Compare to Kernaghan’s “Esparza”: Memory of Esparza, if that
is what we can call all this talk, was inseparable from the
memory he "created" and inseparable from the ways memories
of him continued to labor upon the future. By carrying forward
the traces of prohibitions set down during the four years during
which the army turned the tables on Sendero, a new civic spirit
was crafted-a memory that impressed upon the townspeople
their need for the state.” [2010:194]
Compare to Taussig’s Law in a Lawless Land: conflict between
the anonymous and the known criminal; the actions of the
criminal affirm social norms
The Criminal: Discussion Q
What is emerging in the popular discourse
– what can we learn from the kinds of
anxieties and mobilizations we see, from
the sorts of demands that people are
placing on their representatives in
government?
Cultural demands / alignment
How does the criminal provide a portrait of
society—inversely or directly?
Culture is Criminal
“To the extent that contestations over things cultural land
in the realm of the juridical, and to the extent that this
realm is dominated by institutions of state, what chance of
success do claims made under the sign of ‘‘tradition’’ have
against the hegemony of the Constitution, against the
laws of the nation, against the ideological infrastructure of
liberal democracy?” [2004:193]
The Cop / Detective
Police as defenders of democracy /
detectives as social scientists
Africa: order must happen; without state
authority, criminals maintain order
“[P]ublic representations – like detective
fiction, that is ever more popular world-wide –
come in. Such fiction colludes with fantasies
about heroic figures capable of restoring order
from chaos, and the collapse of authoritative
norms. Where official control seems to falter,
popular culture creates an identification with
the rogue detective, with a film noir kind of
view of alternative policing, in which social
order is restored from its creative margin.”
[2010:134]
The Cop / Detective: Discussion Q
At what level are these issues of social
anxiety raised? Who is controlling this
discourse?
Kafka says that law is the dominion of the
nobility. How does this translate into
modern society?
The Vigilante / The “Knowing
Criminal
“Once cultural usages and expectations are no longer seen as a
matter of personal persuasion, once they are taken to be the context-
sensitive frame in which humans live out their lives, they become, by
extension, the salient terms in which disputed behavior is assessed.”
Thus one who is outside or in violation of the law are operating within
sociocultural parameters. As a form of protest, the knowing criminal
engages in vigilantism or other disruptive behavior.
“Moral relativism, under these conditions, gives way to social
contextualization: Actions are judged by virtue of standards […]
deemed normatively apposite to the circumstances of the conflict.”
[2004:199]
These normatives are hegemonic. So those who challenge the state’s
power are subject to judgment according to their level of violation.
The Vigilante
The Vigilante: Discussion
Qs
Is the problem of control something that middle-
class people are more worried about than the
people who have been classically
disenfranchised?
And what does this tell us about changes in the
nature of governance and the operation of law
under current social conditions?
Works Cited
Comaroff, John. L., and Jean Comaroff.
2004 Criminal justice, cultural justice: The limits of liberalism and the
pragmatics of difference in the new South Africa. American Ethnologist 31(2):
188-204.
Comaroff, Jean.
2010 Anthropology and Crime: An Interview with Jean Comaroff. PoLAR:
Political and Legal Anthropology Review 33(1): 133-139.
Kafka, Franz
1995 The Problem of Our Laws. In Complete Stories. Nathan Glatzer, ed. Pp.
437-438. New York: Schocken Books.
Kernaghan, Richard
2009 Esparza. In Coca’s Gone, ch. 5. Stanford: Stanford University Press.
Taussig, Michael
2003 Law in a Lawless Land. Chicago: University of Chicago Press.

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Criminal Justice 101

  • 1. Criminal Justice Commentaries on Comaroff, Kernaghan, Taussig, and Kafka
  • 2. The Criminal The Criminal as a moral rule, a stimulus for social recovery, a scapegoat. “The figure of the “criminal” was now central. It personified a new range of [rudimentary] threats, but it was also productive. Around it grew up a new set of local demands on the state – the call for better statistics tracking crime, for example, and the tendency to evaluate the state’s capacity to govern according to its ability to handle crime – to get the criminal justice system working, to get infringement of law off the streets and into some kind of formal process.” [2010:135]
  • 3. The Criminal Compare to Kernaghan’s “Esparza”: Memory of Esparza, if that is what we can call all this talk, was inseparable from the memory he "created" and inseparable from the ways memories of him continued to labor upon the future. By carrying forward the traces of prohibitions set down during the four years during which the army turned the tables on Sendero, a new civic spirit was crafted-a memory that impressed upon the townspeople their need for the state.” [2010:194] Compare to Taussig’s Law in a Lawless Land: conflict between the anonymous and the known criminal; the actions of the criminal affirm social norms
  • 4. The Criminal: Discussion Q What is emerging in the popular discourse – what can we learn from the kinds of anxieties and mobilizations we see, from the sorts of demands that people are placing on their representatives in government? Cultural demands / alignment How does the criminal provide a portrait of society—inversely or directly?
  • 5. Culture is Criminal “To the extent that contestations over things cultural land in the realm of the juridical, and to the extent that this realm is dominated by institutions of state, what chance of success do claims made under the sign of ‘‘tradition’’ have against the hegemony of the Constitution, against the laws of the nation, against the ideological infrastructure of liberal democracy?” [2004:193]
  • 6. The Cop / Detective Police as defenders of democracy / detectives as social scientists Africa: order must happen; without state authority, criminals maintain order “[P]ublic representations – like detective fiction, that is ever more popular world-wide – come in. Such fiction colludes with fantasies about heroic figures capable of restoring order from chaos, and the collapse of authoritative norms. Where official control seems to falter, popular culture creates an identification with the rogue detective, with a film noir kind of view of alternative policing, in which social order is restored from its creative margin.” [2010:134]
  • 7. The Cop / Detective: Discussion Q At what level are these issues of social anxiety raised? Who is controlling this discourse? Kafka says that law is the dominion of the nobility. How does this translate into modern society?
  • 8. The Vigilante / The “Knowing Criminal “Once cultural usages and expectations are no longer seen as a matter of personal persuasion, once they are taken to be the context- sensitive frame in which humans live out their lives, they become, by extension, the salient terms in which disputed behavior is assessed.” Thus one who is outside or in violation of the law are operating within sociocultural parameters. As a form of protest, the knowing criminal engages in vigilantism or other disruptive behavior. “Moral relativism, under these conditions, gives way to social contextualization: Actions are judged by virtue of standards […] deemed normatively apposite to the circumstances of the conflict.” [2004:199] These normatives are hegemonic. So those who challenge the state’s power are subject to judgment according to their level of violation.
  • 10. The Vigilante: Discussion Qs Is the problem of control something that middle- class people are more worried about than the people who have been classically disenfranchised? And what does this tell us about changes in the nature of governance and the operation of law under current social conditions?
  • 11. Works Cited Comaroff, John. L., and Jean Comaroff. 2004 Criminal justice, cultural justice: The limits of liberalism and the pragmatics of difference in the new South Africa. American Ethnologist 31(2): 188-204. Comaroff, Jean. 2010 Anthropology and Crime: An Interview with Jean Comaroff. PoLAR: Political and Legal Anthropology Review 33(1): 133-139. Kafka, Franz 1995 The Problem of Our Laws. In Complete Stories. Nathan Glatzer, ed. Pp. 437-438. New York: Schocken Books. Kernaghan, Richard 2009 Esparza. In Coca’s Gone, ch. 5. Stanford: Stanford University Press. Taussig, Michael 2003 Law in a Lawless Land. Chicago: University of Chicago Press.