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LAWS 3005 (4)
Lecture 1

LAWS 3005 Lecture 1: Week 4, 5, 6

13 Pages
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Fall 2015

Department
Law
Course Code
LAWS 3005
Professor
Craig Mc Farlane
Lecture
1

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Week #4
- Social security original risks economic risks
- US does not have the ability to perpetuate violence over its own population failed state by
Weber or complicit to the violence.
- American exceptionalism may show they are exception but they are not inherently the
exception.
- Open carry laws are symbolic of violence by a particular group ou a hae a gu ut if ou’re
white
Foucault
- Other ways of regulating people other than simply using sovereignty and violence
- Ideas of sovereignty, governmentality, and discipline all interact with each other in various ways.
- All methods are aimed at controlling the population
- Middle-age Europe saw sovereignty as the main way of maintain power and control
- Westphalia set the stadard for soereigt ad respet of other atio’s territor.
- Secularization created a common public culture the state does’t take a partiular stae o
any religions or cultures. Best way to organize a state is not mention the notion of god and
religion within institutional importance.
- Other way in which populations have been organized throughout history
- Question of who roles, how they rule, and with what powers
- Can be virtuous or decadent: Monarchy vs Despotism for one, aristocracy vs oligarchy for a few,
and polity vs. democracy for many. This becomes an endless cycles to Aristotle.
- Pastoral: Relationship between the Shepard and the flock
- 3 ways a prince can come into land:
o Marry into the land
o Take it by force
o Be born into someone who has land and inherent it
- Ruling involves through maintaining these connections, through laws, orders and violence
- Governmentality takes a lot through pastoral, methods of organizing society similar to Judaeo-
Christian ethics and actions of society control
- Government and discipline play a big role in the influence and control of the individual. Each
characteristic of the sheep needs to be known in order to know how to control the flock.
- Government habituates you to act and behave in a particular way similar to priests ability to
coerce non-accepted behaviour out of you
- Information generating projects over their flock both in religion and in government
- Within modern societies effectively utilize these in various facets of institutions through doing
taxes, giving up information to the doctor, working, applications, etc. All catalogued under
numbers which are easy to sort and distinguish between. (Decide where to put doctors, police,
resources, etc.)
- These practices are unprecedented in the modern societies
- Priest -> Salvation = Education, health, poor relief
- State -> Welfare
- Foucault identifies 4 major factors of the Christian pastoral
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o The shepherd is responsible for the actions of all members of the flock (intense moral
bond between people)
o Obedience is a key virtue not of to the law but obedience to the Shepard or the priest
and the immediately will of God embodied within the Church and the Priest.
o Shepard requires an individualized understanding of the sheep within the flock,
understand individual differences based on the needs and deeds of them and their
actions. Can be accomplished through practices of self-examination (self-duty, progress,
etc.) Guidance of the conscience priest giving expert advice how to deal with issues we
come across in life (birth, death, marriage, etc.)
o Responsibility, obedience, knowledge, self-examination, guidance of conscience
o Cost-benefit analysis social self-regulation
Week #5
- Queen Elizabeth of German origin
- 1) Prince extreme transcendence to territory. Prince territory
- 2) Relationship prince territory is fragile
- 3) Rule = keeping territory
- Collapse all 3 into the art of ruling. Governing and ruling are not the same to many
- Governing has its own art and style compared to traditional ruling. Governmentality:
o Raiso d’etat
o Police
o Mercantilism
o Liberalism/Neo-liberalism
o Welfare
o Pastoral
- Foucault is aware of colonialism, he seeks to examine how exactly people at this time wrote on
colonialism, often not seeing themselves as the colonizer.
- Approach as a genealogy
- Art of government attempts to answer the question of obedience and who to obey
- Although the king is the one who rules, their all forms of people who govern
o Kings, popes, mayors, soldiers, knights, boss, father/mother, teacher.
o Although all attempt to manage and rule, the manner in which they go about it is
completely different depending on the context and situation.
- Tactics and mechanisms in which the ruler attempts to coerce and rule.
- Law-like attepts ofte do’t work, no single form of control and coerciveness works on
everyone (flogging students).
- Fouault’s iportae o tatics is the creation of a tactic that cares of those who attempt to
ake it soehere, eidetl soe ill alas fall through the raks, it’s iportat to ake
sure only those who want to fall through actually do and no one else
- La pierrier sees anyone who has governing power as a ruler and governor
- Governing children, governing souls (pastorate), governing home, govern provinces. Each is
exclusive to its own logic of government
- Each object of government is Internal and imminent governing, the principles of the situation
inmates creates the policy of how to govern and organize.
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- Feedback look within governing (Governor to governing, back and forth)
- Egage i ats of disoediee, goeror is’t alays the oe ho pushes, the goered a
often push back.
- La Mothe Le Vayor
o Vayor tries to connect more explicitly the art of governing to the ruler
o Gives governing style advice to the Prince-to-be of France
o 3 general types of governing: Governing of the self, family, and the Kingdom/whole.
They are not separate from each other by complement each other
o Coets to Fouault’s upards ad doards otiuit
o Tries to point out that governing the Kingdom looks a lot like ruling
o Kingdom knows how to govern fathers (citizens), they will know how to govern their
sons, which will know how to govern themselves, creating better leaders who will one
day be able to likely govern others repeating the cycle.
o Re-terms these 3 ideas to politics, economics, and ethics
o Liberals jump on the notion of economics, between the abstract level politics and
ethics.
o Economics or the (father) is what separates the government from the governed
(economy means the management of the family)
o Family is similar to population and the house is the equivalent to the economy
- Government is the right disposition of things arranged so as to lead to a suitable end.
- Disposition of things and suitable ends.
- Connection between climate and personality
o Germanic and Scandinavians are crude and stern due to cold and barren climate
o Mediterranean cultures (Italian, Spanish) invokes fiery passion and emotion-driven
ideology.
- Governors have to take into account the method they rule and make sure it connects to the
culture of the ruled. (Notes how something with German ideology that is resistant to liberalism)
- Disposing of things to a suitable end cannot be achieved through law need tactics to organize
these sort of things to conduct them to particular ends
- Emphasis on art of the knowledge and understanding of the ruler. Not rigid and consistent like
mathematics.
- Aspect of government is always failing, ruling requires an efficient style of trial and error.
Governing is inherently stressful and irritating, not right.
Raiso d’etat
- Combines mercantilism and police
- Foucault does not have a law enforcement idea of police when discussing police power
- Original police power came from the question of how to create order from the highest to lowest
level.
- Meant to maintain order instead of solving crimes.
- Police were meant to maintain forms of order in its absence (learned weight and measurements
to prevent scam) effective the arbiter in every aspect of society where there is a lack of
stadardizatio ad oersight, espeiall i the arketplae. (You do’t all the polie if a gas
meter is outdated)
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Description
Week #4 - Social security original risks – economic risks - US does not have the ability to perpetuate violence over its own population – failed state by Weber or complicit to the violence. - American exceptionalism may show they are exception but they are not inherently the exception. - Open carry laws are symbolic of violence by a particular group – you can have a gun but if you’re white Foucault - Other ways of regulating people other than simply using sovereignty and violence - Ideas of sovereignty, governmentality, and discipline all interact with each other in various ways. - All methods are aimed at controlling the population - Middle-age Europe saw sovereignty as the main way of maintain power and control - Westphalia set the standard for sovereignty and respect of other nation’s territory. - Secularization created a common public culture – the state doesn’t take a particular stance on any religions or cultures. Best way to organize a state is not mention the notion of god and religion within institutional importance. - Other way in which populations have been organized throughout history - Question of who roles, how they rule, and with what powers - Can be virtuous or decadent: Monarchy vs Despotism for one, aristocracy vs oligarchy for a few, and polity vs. democracy for many. This becomes an endless cycles to Aristotle. - Pastoral: Relationship between the Shepard and the flock - 3 ways a prince can come into land: o Marry into the land o Take it by force o Be born into someone who has land and inherent it - Ruling involves through maintaining these connections, through laws, orders and violence - Governmentality takes a lot through pastoral, methods of organizing society similar to Judaeo- Christian ethics and actions of society control - Government and discipline play a big role in the influence and control of the individual. Each characteristic of the sheep needs to be known in order to know how to control the flock. - Government habituates you to act and behave in a particular way – similar to priests ability to coerce non-accepted behaviour out of you - Information generating projects over their flock – both in religion and in government - Within modern societies effectively utilize these in various facets of institutions – through doing taxes, giving up information to the doctor, working, applications, etc. All catalogued under numbers which are easy to sort and distinguish between. (Decide where to put doctors, police, resources, etc.) - These practices are unprecedented in the modern societies - Priest -> Salvation = Education, health, poor relief - State -> Welfare - Foucault identifies 4 major factors of the Christian pastoral o The shepherd is responsible for the actions of all members of the flock (intense moral bond between people) o Obedience is a key virtue – not of to the law but obedience to the Shepard or the priest and the immediately will of God embodied within the Church and the Priest. o Shepard requires an individualized understanding of the sheep within the flock, understand individual differences based on the needs and deeds of them and their actions. Can be accomplished through practices of self-examination (self-duty, progress, etc.) Guidance of the conscience – priest giving expert advice how to deal with issues we come across in life (birth, death, marriage, etc.) o Responsibility, obedience, knowledge, self-examination, guidance of conscience o Cost-benefit analysis – social self-regulation Week #5 - Queen Elizabeth of German origin - 1) Prince – extreme transcendence to territory. Prince – territory - 2) Relationship prince – territory is fragile - 3) Rule = keeping territory - Collapse all 3 into the art of ruling. Governing and ruling are not the same to many - Governing has its own art and style compared to traditional ruling. Governmentality: o Raison d’etat o Police o Mercantilism o Liberalism/Neo-liberalism o Welfare o Pastoral - Foucault is aware of colonialism, he seeks to examine how exactly people at this time wrote on colonialism, often not seeing themselves as the colonizer. - Approach as a genealogy - Art of government attempts to answer the question of obedience and who to obey - Although the king is the one who rules, their all forms of people who govern o Kings, popes, mayors, soldiers, knights, boss, father/mother, teacher. o Although all attempt to manage and rule, the manner in which they go about it is completely different depending on the context and situation. - Tactics and mechanisms in which the ruler attempts to coerce and rule. - Law-like attempts often don’t work, no single form of control and coerciveness works on everyone (flogging students). - Foucault’s importance on tactics is the creation of a tactic that cares of those who attempt to make it somewhere, evidently some will always fall through the cracks, it’s important to make sure only those who want to fall through actually do and no one else - La pierrier sees anyone who has governing power as a ruler and governor - Governing children, governing souls (pastorate), governing home, govern provinces. Each is exclusive to its own logic of government - Each object of government is Internal and imminent governing, the principles of the situation inmates creates the policy of how to govern and organize. - Feedback look within governing (Governor to governing, back and forth) - Engage in acts of disobedience, governor isn’t always the one who pushes, the governed can often push back. - La Mothe Le Vayor o Vayor tries to connect more explicitly the art of governing to the ruler o Gives governing style advice to the Prince-to-be of France o 3 general types of governing: Governing of the self, family, and the Kingdom/whole. They are not separate from each other by complement each other o Connects to Foucault’s upwards and downwards continuity o Tries to point out that governing the Kingdom looks a lot like ruling o Kingdom knows how to govern fathers (citizens), they will know how to govern their sons, which will know how to govern themselves, creating better leaders who will one day be able to likely govern others – repeating the cycle. o Re-terms these 3 ideas to politics, economics, and ethics o Liberals jump on the notion of economics, between the abstract level politics and ethics. o Economics or the (father) is what separates the government from the governed (economy means the management of the family) o Family is similar to population and the house is the equivalent to the economy - Government is the right disposition of things arranged so as to lead to a suitable end. - Disposition of things and suitable ends. - Connection between climate and personality o Germanic and Scandinavians are crude and stern due to cold and barren climate o Mediterranean cultures (Italian, Spanish) invokes fiery passion and emotion-driven ideology. - Governors have to take into account the method they rule and make sure it connects to the culture of the ruled. (Notes how something with German ideology that is resistant to liberalism) - Disposing of things to a suitable end cannot be achieved through law – need tactics to organize these sort of things – to conduct them to particular ends - Emphasis on art of the knowledge and understanding of the ruler. Not rigid and consistent like mathematics. - Aspect of government is always failing, ruling requires an efficient style of trial and error. Governing is inherently stressful and irritating, not right. Raison d’etat - Combines mercantilism and police - Foucault does not have a law enforcement idea of police when discussing police power - Original police power came from the question of how to create order from the highest to lowest level. - Meant to maintain order instead of solving crimes. - Police were meant to maintain forms of order in its absence (learned weight and measurements to prevent scam) effective the arbiter in every aspect of society where there is a lack of standardization and oversight, especially in the marketplace. (You don’t call the police if a gas meter is outdated) - Police aimed at identifying and regulating sources of disorder - Urban focused science due to increasing urbanization of cities - Science of happiness – if we can identify sources of order and regulate it, people will be happy since society is safe and effective. - Well-ordered idea of police-states originates from this, not on the model of law and criminal enforcement, but the maintenance of happiness. - Police became officials of the state – not police officers. Did not have the right and power to kill and arrest. Similar to ancient by-law officers - Police were meant to be very small and localized, similar to the idea of cultural governance and taking into consideration the variety of how different places lives. - Police govern everything, the object of government is everything is when it oversteps its boundaries. - Fear of police state comes from the phobia of the government and the police having access to every aspect of your life. If the police is to go as far to regulate dress colour, gatherings, etc. becomes very invasive. - Liberal raise the notion of too much governance, the best way is to not govern everything but as little as possible (Laisse-Faire) - If the rule isn’t constantly re-iterated, = no longer in effect – very close connection with working with decrees. - Rulers must take into account the way that territory is organized. Ruler or art attempting to establish peace within the state. - Not just simply a matter of military force and orders, large scale of order in society that is at the level of the whole of the state. Reason of the state – identifying that there is an aspect of reason and rationality involved in the this process - Inherently secular form of rule, Louis XIIII example of him being the divine ruler and the governmental ruler. - Has to take into account what has to be governed - Difference between the state and the king (Got). Interest of the state attempts to benefit the state and the people over the ruler - Soft mechanisms work within the state to create yourself stronger by making yourself (the state) more powerful than other states. (Creating strongest military, educated workforce, strong infrastructure) - If this based of a reason of state over the art of government shows it has a scientific aspect to it. Statistics is born from this. - Primitive method of producing and collective knowledge and understanding of the state - Political arithmetic spawns from this, that the use of stats and rigid science can be used to understand how state thinks and works - Interest in individuals within the state, are they working to contribute to the efficientness of the state – creates the idea of economics, statistics, and police enforcement in relation to homeless and unemployed people who are seen as a drain on the growth of the state. Liberalism - Focus on people like Adam Smith that focus on liberal economics and free market (political economists) - 2 Key questions o 1) Understanding abstract identity known as the market o 2) Overriding question of whether or not were governing too much. - Market as a site of justice and a site of truth (pre-modern market). Adam Smith does not like these, views them as inefficient and ineffective. Large amounts of the marketplace were managed through actual markets – bringing produce to a selected area to trade. - Traditional police had the major job of regulating these based on the idea of justice. Elaborate rules of opening and closing of the market. - Modern liberalism sought to remove the excessive sequences of the market, it adds to much price to the process down the chain of exchange. - Half communist society, individuals who create and work in the essential market are taken care by the state for efficient maintenance of the essentials of society while higher parts work in capitalistic society. Is capable for one to work out of it. - Let people set their prices and control their sale – self-regulates. Government would side with mobs - Adam Smith notes how different produce attempt to play off one another, attempting to hold off on their sales to increase monetary gains by playing on price and demands. - Too much and too little, if the state intervenes too much it will skew the price. Laisse-faire economics can apply to all forms of government regulation. No reason why you can’t impute economics relations to all other facets of life - Having a child or not having a child, going to school, robbing a place is a market decision has it has adverse on effect on the economy in way or another. State and economy should meet in the middle and government should have minimal but necessary regulation. - Builds into neo-liberalism and that everything is economy. Your job and education is an economic decision. Everything is the market Thanksgiving is neoliberal. - Key difference between German and American Liberals and Garry Becker’s idea of human capital Week #6 - Schmitt and Ben make reference to violence as vital aspect of the state – Foucault does not - Supposed to offer freedom without coercion - Lamothe: Upward and downward continuity – must know how to regulate self before family, one you can run your household, you can run/regulate the state – if the state is well regulated then families will know how to regulate the household and then you’ll know how to regulate yourself - Reason of state - increasing the powers and capa
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