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Foucault and The Birth of The Police
Foucault and The Birth of The Police
In short, life is the object of the police […] Society and men as social beings,
individuals with all their social relations, are now the true object of the police.
(Foucault, 2001c: 412–414)
This article addresses the research of meaning and significance of the concept of police in the works of Michel Foucault.
Although Foucault did not offer a theory or a systematic history of the development of the police, we argue that
Foucault’s concept of police is less part of his archaeological project and the analytics of discursive practices, but more
a genealogical one. Foucauldian genealogy of police is about the birth of a network of branched lines of regulation
practices. In this paper, our attempt is to show how the historical emergence of police practices in seventeenth- and
eighteenth-century Europe, particularly in France and Germany, was a significant modulation within the two large
dispositives of power – the one of sovereignty and the one of discipline. With his genealogy of police practice, Foucault
demonstrated how regulatory practices of power/knowledge gradually penetrated the population. The police emerged
as a form of regulatory practice pervaded with a new conception of life – the life of population and society or what was
later to become the permanent object of the police.
1 Introduction 2015: 249) and our social science owe much more to English
12 liberalism and utilitarianism of Jeremy Bentham. Thus, he
The Social Sciences have always been interested in the dares to say: “I hope historians of philosophy will forgive me
power of the police, the police apparatus, and their practices. for saying this, but I believe that Bentham is more important
If we go back to the beginnings of the European social sci- for our society than Kant or Hegel. All our societies should pay
ences, we notice a certain regularity, correlation and intersec- homage to him. It was he who programmed, defined, and de-
tion of medical, hygienic and early police practices with the scribed in the most exact manner the forms of power in which
demand for a new science about society whose great promise we live…” (Foucault, 2001e: 58). This link between sociology
will be that a good society will produce good individuals. and other social sciences, and Bentham and his Panopticon
(Bentham, 1995), is a significant intersection with the issue of
However, medical, clinical and related police and hygien- police and the eighteenth-century surveillance technologies.
ic practices represented much more significant models that Hence, it is not surprising that in the sociology of the classical
could have been used by social sciences for their constitution. period from in Émile Durkheim and Max Weber, the issue
In this regard, Michel Foucault expressed the need to correct of police was problematised. Today there are significant at-
the established assumptions about the origins of the social sci- tempts to sociologically conceptualize the problem of police,
ences: “Countless people have sought the origins of sociology for instance, through a neo-Durkheimian approach (Jackson
in Montesquieu and Comte. That is a very ignorant enterprise. & Sunshine, 2007).
Sociological knowledge (savoir) is formed rather in practices
like those of the doctors” (Foucault, 1980d: 151). Foucault also Our attempt is to demonstrate why Foucault’s concept of
claimed that our society of the “eighteenth century” (Foucault, police, the concept of the “early” police that appears in France
and Germany during the seventeenth and eighteenth century,
is important in the context of Foucauldian genealogy of tech-
1
Dušan Marinković, Ph.D., Full Professor of Sociology, Faculty of nologies of power. We assume that it is not sufficient merely to
Philosophy, University of Novi Sad, Serbia. explain Foucault’s position on that matter, but we should ob-
E-mail: [email protected] serve the concept within the broader socio-historical frame-
Dušan Ristić, Ph.D., Assistant Professor, Faculty of Philosophy,
2 work, i.e. the framework of power.
University of Novi Sad, Serbia. E-mail: [email protected]
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Dušan Marinković, Dušan Ristić: Foucault and the Birth of the Police
2 Genealogy as the Research Framework regime of rationality – discursive practices are always articu-
lated within the regimes of rationality (Foucault, 1980d).
First of all, our task is to contextualize the birth of the po-
lice within multiple historical turning points, especially those In the context of this article, different forms of rationality,
that occurred throughout the eighteenth century. It was the including a new model of regulatory practice and power, are
century of compressing the pre-revolutionary and post-revo- recognized as police. Furthermore, the birth of the police is re-
lutionary dispersion towards social mechanisms, technologies garded as the authentic historical “response” by European soci-
and institutions – towards the new social order. Before the fi- eties to the cyclic threats and dangers such as hunger or disease.
nal erosion of sovereign types of power the eighteenth cen- The early concept of police should be understood as a series
tury also saw the break from the "biological ancien ŕegime" of regulation practices, inscription of new type of rationality
(Braudel, 1985: 70). In other words, the break from the older as an expression of the new attitude towards life, since life is
order of fear: disease, barbarians, inquisition, spoken word, a not something that should be left to the cycles of great losses,
sovereign’s right to decide on life and death. And if there had but the subject of strategies and technologies that protect and
been some kind of “game” of large numbers in the old biologi- securitize aiming to enhance productivity. Life is something
cal order, until the eighteenth century it became the game of that should be surveilled. It becomes the subject of discourses –
“guessing” according to Braudel (1985: 31), as there were no strategic subject of knowledge. Life is no longer the question of
precise statistics or records at the time. the sovereign’s decision – bare life (Agamben, 1998). Since the
second half of seventeenth century, it has gradually become the
Fernand Braudel gave a clear example representing all the subject of regulatory technologies and practices; from hygienic
great social transformations: “In the sixteenth century, the and medical practices of health protection to the regulation
beggar or vagrant would be fed and cared for before he was of space through architecture and urbanism (Foucault, 1984).
sent away. In the early seventeenth century, he had his head This means that the regulatory practice of “early” police, in a
shaved. Later on, he was whipped; and the end of the century way, “discovered” society as an urban society – a set of produc-
saw the last word in repression – he was turned into a convict” tivity practices as the police is interested in what people do and
in their “occupation” (Foucault, 2007: 322). New types of pro-
(Braudel, 1985: 76). New technologies were born out of the
ductivity, at the same time implied new types of rationality and
new social order. This order was called “disciplinary society”
spatialization; hygienic/medical and spatial/urban practices.
(Foucault, 1995). Discipline was, according to Foucault, the
However, these practices will not be important to the sover-
practice of power within heterogeneous spatialized forms –
eign, but they will serve the needs of the society to preserve
in hospitals, prisons, schools, army barracks, factories – with
the existing wealth and produce more goods, improve security
the surveilling mechanisms that were applied to human bod-
and health, etc. This framework shows the significance of the
ies. Disciplinary practices separated, classified, spatially dis-
birth of the police and introduction of regulatory practices of
tributed and medicalized bodies (Foucault, 1980b: 44). The
power – all those technologies and social mechanisms that will
best example and the substance of these “scattered” discipli-
be identified in the late Foucault’s lectures through the new dis-
nary techniques was the model of the Panopticon developed
positive of security, bio-power and bio-politics.
by Jeremy Bentham (1995) and consequently, the concept of
Panopticism introduced by Foucault (Ristić & Marinković,
Since Foucault does not offer an explanation of the birth
2016). These schémas disciplinaires “require a strict spatial
of police as a regulatory diagram3 in the dispositive4 of sover-
partitioning, careful surveillance, detailed inspection and
order” (Elden, 2003: 243). To “[t]his ‘great enclosure’ of the
poor, mad and delinquent, as well as sons of good family
3
The term diagram used in the article means the regime of pow-
er/knowledge. According to Deleuze, this term can be found in
placed under supervision by their parents, was one psycho- Foucault’s work, although a bit ambiguous in its meaning: “The
logical aspect of seventeenth-century society, relentless in its diagram is no longer an auditory or visual archive but a map, car-
rationality. But it was perhaps an almost inevitable reaction tography that is coextensive with the whole social field.” …“When
to the poverty and increase in numbers of the poor in that Foucault invokes the notion of diagram it is in connection with
hard century” (Braudel, 1985: 76). New types of rationality our modern disciplinarian societies, where power controls the
in the eighteenth century were not a kind of transcendence, whole field” (Deleuze, 2006: 34). Our approach and usage is in
accordance with the claim made by Bové (2006: xxvii): “Power ef-
since the rationality (as well as truth) is “a thing of this world”
fects’ need to be diagrammed not because there is any hope of
(Foucault, 1980e: 131). Foucault demonstrated, especially in developing a totalizing picture of the relations of force in a culture
Discipline and Punish, how different types of rationalities are or economy – that is, there is no synchronic dream here – but pre-
inscribed in practices – in other words, how discursive prac- cisely because they cannot be embraced by any concept or mode
tices emerge and what kind of social and historical roles or of thought that sets itself up as their expansive equivalent”.
“functions” they have. There are no practices without a certain 4
We use the term dispositive and it will be explained further in the text.
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Revija za kriminalistiko in kriminologijo / Ljubljana 70 / 2019 / 4, 352–363
eignty, we will try to do so. In other words, we do not ask why Hobbesian concept of power and accept the Foucauldian ge-
the police emerged, but rather question the way in which it nealogy of power/knowledge. History of power/knowledge is
appeared as the type of regulatory practice of power. And this possible when power – and not Hobbesian concept of author-
raises an important methodological problem: Even though ity – is articulated as a regulatory practice, not only through
the three key regimes of power/knowledge that made up the the disciplinary dispositive and practices of punishment ex-
strategic trihedral of the whole Foucault’s work, sovereignty, plained in Discipline and Punish (Foucault, 1995), but through
discipline and regulation can be seen as historical formations, the regulatory practices of the police as well. The genealogical
this is not about a simple chronology, nor their historical method should help us trace the birth of certain institutions
shifts. It is difficult to assume that Foucault had a pre-deter- and practices as non-discursive. This is why the police were
mined plan for the chronological historical development of able to focus on man and life in their practices. Before the po-
these diagrams and their hierarchy while he was elaborating lice, there were no archaeological “layers” in which discourses
the concept of power/knowledge. Although they show ar- on man or life had already been stored and there was no dis-
chaeological stratification, this primarily refers to genealogi- course on humanities or social sciences – it would develop
cal lines that can exist parallel to one another, intersect and later. There were only the emerging practices of discipline and
shift their temporary dominance one over the others. In this regulation. In addition, institutions were for Foucault always
sense, there is not a consolidated system of sovereignty (pun- some kind of coercion system: “All the field of the non-discur-
ishment, life and death) – free from disciplinary mechanisms sive social, is an institution” (Foucault, 1980c: 189).
and regulatory technology. Just as it is impossible to find a
disciplinary, surveillance and normalizing mechanism with- In this sense, the genealogy of police should enable us to
out some form of sovereignty, legislation and law, or without see that in a historic sense man and life would first become
regulation: “So, there is not a series of successive elements, an object of police practice and later a subject of discourse
the appearance of the new causing the earlier ones to disap- in the humanities and social sciences. Therefore, we claim
pear. There is not the legal age, the disciplinary age, and then that the historical appearance of the police was not only the
the age of security” (Foucault, 2007: 22). For instance, “sover- emergence of new types of power/knowledge, but also the im-
eignty of state territory remains sacred even more than it was portant modulation in the disciplinary society. By modulation
in the last two centuries” (Malešević, 2008: 106). we mean the transition of power, because the police changed
the main course of the sovereign power, i.e., the authority of
Finally, the regulatory power, centred on questions of life the sovereign. The social and historical task of the police was
and governmentality over the life processes of populations, to “multiply” or to regionalize the power and to integrate dif-
fused and dispersed practices of regulation over the popula-
biopolitics, utility and economy, is not a dispositive free from
tion. While kings were interested in land and territory and,
disciplinary-surveillance mechanisms or legality systems.
with their armies during war, the police were interested in
And that is the reason why Foucauldian “genealogy should
regulating the conditions and forces that should enhance or-
not be confused with genesis and filiation – which recon-
ganization and reproduction in a society, the “wealth” of life.
structs a whole network of alliances, communications, and
points of support. So, the first methodological principle is to
This broader theoretical and methodological frame-
move outside the institution and replace it with the overall
work seems to have “an almost Hegelian sense, rather than
point of view of the technology of power” (Foucault, 2007:
a uniformed force for the prevention and detection of crime”
162–163).
(Elden, 2003: 247), or as mere and alienated technique of
power, the police were born as governance, because “police
Secondly, our assumption in this paper is that the his-
is identified with the whole of government” (Foucault, 2007:
torical emergence of the police and the significance of regu-
321). That is why Foucault’s concept of police was developed
latory practices and power are to be explained thanks to the
on the idea of rational governmentality (in the trihedral5 gov-
Foucauldian genealogical method of research. Explanation
ernmentality-population-political economy), as well as on the
of the previous problem, new concept of life (collapse of the concept of development of regulatory dispositives. Still, like
“biological order”) is possible only if we recognize the trans- many of his concepts, the concept of police is liminal. Police
formation of the “old”, “Hobessian” dispositive of power, that
is, sovereignty. Only when this type of power is transformed
and deconstructed through new, emerging practices of regula- The figure of a trihedral signifies the place or analytical point
5
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Dušan Marinković, Dušan Ristić: Foucault and the Birth of the Police
practice appears as a boundary of three historical regimes of latory technology in explicit rather than inferential fashion to
power. Therefore, the task of our genealogical research is to biopower” (Philo, 2012).
locate police within the great transformation of historical re-
gimes of power/knowledge as “flexible” fields – fields where The concept of police is dispersed in his interviews. Taking
“games” of modulations take place. into account the scope of the published interviews and impor-
tant readers in which the notion of police appears (Burchell,
Colin, & Miller, 1991; Crampton & Elden, 2007; Gordon, 1980;
3 Foucault’s Police Rabinow, 1984), we will mention only a few Foucault sources
relevant to this topic: The Political Technology of Individuals
The “obsession” with the Foucault phenomenon has (Foucault, 2001c), Prison Talk (Foucault, 1980b), The Politics
not waned even thirty years after his death, and the effects of Health in the Eighteenth Century (Foucault, 2001d), The
of the “obsession” can be recognised in the multiplication of Politics of Health in the Eighteenth Century6 (Foucault, 2014),
discourses on most various topics which were sketched by On Popular Justice: A Discussion with Maoists (Foucault,
Foucault himself: from discipline to regulation, from archi- 1980a), The Eye of Power (Foucault, 1980d), and The Birth of
tecture to medicine and medicalization, from madness to Social Medicine (Foucault, 2001b).
asylum, Panopticon and new surveillance technologies, from
governmentality to hermeneutics of the subject and technol- Foucault does not talk just about one, but of several types
ogy of the self, from prison to the modern school system, of police, a number of their conceptualizations that are used
and from biopolitics to neoliberalism. His archaeology has for different purposes and which oscillate in the trihedral
become an inexhaustible archive with multiplying discursive legal system, disciplinary mechanisms and regulatory, secu-
layers, and his Nietzschean genealogy is a “modest” method- rity apparatuses-dispositifs and their different technologies of
ology suggesting that what exists has not always existed and power and management. In this sense, one can find: policing
of statements and a policing of sex (Foucault, 1978: 18, 25),
that there are no elevated origins or beginnings of truths,
disciplinary police of grain (Foucault, 2007: 45), medical po-
practices, man or society.
lice (Foucault, 2003b, Foucault, 2001b: 140), police of health
(Foucault, 2001d: 171), police of hygiene (Foucault, 2003b:
It should be noted that despite the importance of his his-
83), sanitary police (Foucault, 2003a: 350), disciplinary polic-
torical and genealogical conceptualization of police, Foucault
ing of knowledges (Foucault, 2003b: 182), ‘police’ of the social
did not offer a theory of police, nor a more comprehensive
body (Foucault, 2001d: 95, 2014: 117), police state (Foucault,
and systematic history of the development of police practice.
2007, 2008) well-policed state (Rabinow, 1984: 16), Police
In addition, our intention is not to offer a sketch of the his-
intérieure (Foucault, 2006a: 36) – internal police of psychi-
tory of police. There are already relevant sources about this
atric clinics; maréchaussée (Foucault, 2007: 335) – that is to
(Bittner, 1970; Emsley, 2007; Martinot, 2003; Mladek, 2007;
say, “the armed force that royal power was forced to deploy
Monkkonen, 1992; Neocleous, 2014; Robinson & Scaglion,
in the fifteenth century in order to avoid the consequences
1987). In this paper, we aim to highlight a seemingly “casual”,
and disorders following war, and essentially the dissolution of
“secondary” and sporadic concept present in Foucault’s work
armies at the end of wars” (Foucault, 2007: 335–336). These
– the concept of police. This “secondary” importance, and
variations of the concept of police in Foucault’s works are not
sporadicity shows the dispersion of this term in Foucault’s
only the result of different contextual uses, but also changes in
discursive trihedral-legacy: books, lectures and interviews.
the historical and geographical meaning of the term.
This term also appears sporadically in its various con-
ceptualizations of diverse topics. We can find it only as hints,
in Discipline and Punish: The Birth of the Prison (Foucault, 6
This is one of two texts that Michel Foucault published under
1995), History of Madness (Foucault, 2006a), and The History the title The politics of health in the eighteenth century. The two
of Sexuality (Foucault, 1978). In a more systematized, but texts appeared in volumes also bearing the same title, Les Ma-
not fully articulated theoretical form, we will find it in his chines à guérir [Curing Machines] and the first was published in
lectures held at Collège de France in the mid-seventies, in 1976. This year’s volume was published in Paris by the Institut de
Society Must Be Defended (Foucault, 2003b), and The Punitive l'environnement, but these two texts are not identical. They are ap-
Society (Foucault, 2015), Psychiatric Power (Foucault, 2006b), proximately the same length, and the second halves of the two
essays are virtually identical (one paragraph from the 1976 ver-
Abnormal (Foucault, 2003a), and The Birth of Biopolitics
sion is omitted in 1979). The essays’ first halves differ in signifi-
(Foucault, 2008). Finally, it is only in the last lecture of Security, cant ways and the (current) second essay also includes a long list
Territory, Population (Foucault, 2007) where “Foucault focus- of ‘bibliographical suggestions’, that were not to be found in 1976
es on the technology of the police reconnecting it, as the regu- (Foucault, 2014).
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Revija za kriminalistiko in kriminologijo / Ljubljana 70 / 2019 / 4, 352–363
Although the first organized police force was created in consistent with his description of three general dispositives
France by Louis XIV in 1667, it was first recognized as a dis- of power: sovereignty, discipline and security. Furthermore,
ciplinary field of study and part of the academic discourse it seems not consistent with his periodization of the forms of
in Germany, where Polizeiwissenschaft became part of the government – where the first contrasted absolutism (sover-
science about the State – Staatwissenschaft. We can find in eigny and law) with the disciplinary society and the second
Habermas’ work that modern economics ‘was no longer ori- contrasted an administrative state (“police”/“Polizei-ordnun-
ented to the oikos; the market had replaced the household, gen”, Cameralism) with liberalism (“governmentalization of
and it became “commercial economics” [...] and this “fore- the state”, “society of security”) (Hunt, 1996). This is because
runner of political economy was part of ‘police-science’” we claim that police as a type of regulatory power and prac-
(Habermas, 1991: 20). The same applies to the science of the tice characteristic for the dispositive of security, were "born"
state (Staatswissenschaft), whose part is Polizeiwissenschaft according to Foucault much earlier – during the eighteenth
(Foucault, 2001b: 138; Habermas, 1991: 30). The police at century. In that sense, it was a modulation of the disciplinary
the time signified a program of “government rationality” dispositive of power.
(Foucault, 1984: 241) and “links between rationalization and
power” (Foucault, 2001a: 299). It means that police practice as a regulatory type of pow-
er/knowledge does not appear after the disciplinary disposi-
The meaning of the term police (politie, polizei, poli- tive was established, but in parallel with its development and
zia) changed from the end of the seventeenth to the nine- erosion of the dispositive of sovereignty. Hence, the impor-
teenth century. In continental Europe of the sixteenth cen- tance of the concept of dispositive, one of the most obscure
tury, it mostly meant management (not yet governmentality Foucault’s terms.
in Foucault’s sense of the word). This is especially true for
German countries of the seventeenth and eighteenth century Dispositive is a dispersive term in the double sense, both
where polizei indicated “good order”, and was often synony- in its thematic contextualization and its meanings. It can be
mous with state and social welfare. It could also be found in said that until the idea of security and related notions of pop-
Italian regions in the seventeenth century, but much more ulation, biopolitics, life and regulation (including the police)
vaguely defined. The word police was hardly used in England were elaborated, this term did not have a firm thematic an-
in the eighteenth century, due to the domination of Aristotle’s chor in any of these large regimes of power. Foucault’s “tech-
notion of politeia and policy.7 Montesquieu at the beginning of nical vocabulary remained irregular for many years” (Veyne,
the eighteenth century could already conclude that England 2010: 13). Therefore, this term does have multiple meanings,
was ‘a well-policed nation (une nation très bien policée)’ which is best illustrated by Foucault’s words:
(Emsley, 2007: 63). However, the original French meaning of
the word always implied the “urban question” or urban regula- What I’m trying to pick out with this term is, firstly, a thor-
tion and the principles of the internal management of cities. oughly heterogeneous ensemble consisting of discourses, institu-
For Foucault, the question of the police was primarily based tions, architectural forms, regulatory decisions, laws, adminis-
on an “urban model” (Foucault, 1984: 242, 2007: 339). trative measures, scientific statements, philosophical, moral and
philanthropic propositions – in short, the said as much as the
A methodological problem much more important than unsaid. Such are the elements of the apparatus. The apparatus
the traps of periodisation is the possibility to analytically itself is the system of relations that can be established between
separate historical formations as different regimes of power these elements. Secondly, what I am trying to identify in this
in Foucault’s work. Foucault’s notion of police seems to be in- apparatus is precisely the nature of the connection that can exist
between these heterogeneous elements. Thus, a particular dis-
course can figure at one time as the programme of an institu-
This is pointed in the comment made by the interpreter of Aristo-
7
tion, and at another it can function as a means of justifying or
tle’s Politics, Tomislav Ladan: “In Politics to mark the state order, in
which the power is in the hands of the majority – “middle” people masking a practice which itself remains silent, or as a secondary
who possess a smallish personal income and administer the coun- re-interpretation of this practice, opening out for it a new field
try in the interest of all citizens, Aristotle uses the term ‘politeia’. of rationality. (Foucault, 1980c: 194-195)
However, he warns how this can mean state system in general. In
such a broad sense, the term ‘policy’ is used many times in Poli- Therefore, it is sometimes possible to use the concept of
tics... The German translator is much more cautious. He warns of dispositive for all three major historical power regimes: sover-
the conceptual relationships that we today no longer know, but
also to the inconsistency and uncertainty in the use of names,
eignty, discipline and security (regulation), since all have the
which certainly comprise the famous cluster of Greek words from elements mentioned by Foucault. This is, for example, the case
politeia to politics, to which the most modern word is related – po- with the use of this term in Psychiatric Power where dispositifs
lice, not only through its ancient root.” (Aristotle, 1988: 278). refer to “disciplinary apparatuses” (Foucault, 2006b: 63).
356
Dušan Marinković, Dušan Ristić: Foucault and the Birth of the Police
However, we opt for a more precise meaning of the term; concept of police in Foucault explaining the hypothesis that
dispositive shall refer to a strategic feature of each regime of it represented a significant modulation within the emerging
power. In this case, the dispositive of security is regulation or disciplinary dispositive.
regulatory practice, governmentality of life. Foucault himself
did not locate dispositive and its meanings more precisely in
the security dispositive before the late seventies (1977–1978). 4 Modulation of Dispositives – Liminality of
Therefore, he talks about: legal system, disciplinary mecha- Police Practice
nisms, and security apparatuses (dispositifs) (Foucault, 2007:
16). In other words, its strategic trihedral legality-discipline- So far, we have noted that the eighteenth century was a
security has its own semantic transposition in the trihedral: focal point of multiple modulations and transitions: a modula-
system-mechanisms-dispositif. The system is a question of tion in the order of life, towards a new regime of life, “biological
law, mechanisms are the question of individualisation, while regime”; a modulation in the order of power towards a regula-
dispositive is the question or bio-politics of the multitude tory practice of power; a modulation in the order of knowledge
(population). As Agamben (2009: 1) wrote, “the word dis- towards the establishment of the sciences of biology, political
positif, or ‘apparatus’ in English, is a decisive technical term economy and linguistics as well human sciences. Until the sec-
in the strategy of Foucault’s thought. He uses it quite often, es- ond half of the eighteenth century, disciplinary mechanisms
pecially from the mid-1970s, when he begins to concern him- remained in the shadow of the great sovereign power whose
self with what he calls ‘governmentality’ or the ‘government of key trihedral war-law-death or sovereignty-war-law governed
men’. Though he never offers a complete definition [...]”. In the human life through the concept of ritual and ceremonial death,
same way, Paul Veyne makes an important observation that just like the famous execution of Damiens in 1757. Therefore,
the term dispositive has another significant methodological this was governing through singular deaths, and not governing
function: “By using the word dispositif [...], Foucault was able the lives of the population. Because the sovereign power of the
to avoid the word ‘structure’ and so to avoid confusion with old regime “traditionally exercised two great functions, that of
the ideas of structuralism which was then very trendy as well war and peace. It exercised them through the hard-won mo-
as being very confused” (Veyne, 2010: 149). Dispositive was nopoly of arms [...]” (Foucault, 2001d: 94). For a long time in
in a certain way, in Deleuzian terms, Foucault’s "lines of flight" the West, the law was just an extension of the king’s body – its
(Deleuze, 1997) from structuralism, which will enable him to most important continuation: “Right in the West is the King’s
say to his critics: “I have never been a structuralist” (Foucault, right... And when this legal edifice escapes in later centuries
1998: 437). from the control of the monarch, when, more accurately, it is
turned against that control, it is always the limits of this sov-
Once again, it is important to note that this is not about ereign power that are put in question, its prerogatives that are
historical sequences and shifts, nor that the dispositive can challenged” (Foucault, 1980f: 94).
only and exclusively be linked to security and regulation tech-
nology. Nor is there any system (of legality and sovereignty) The eighteenth century was a crucial historical turning
without: discourses, institutions, architectural forms, regula- point when we saw the breakdown of institutions and prac-
tory decisions, laws, administrative measures, scientific state- tices within the old sovereign order which dealt with the ques-
ments, or disciplinary mechanisms. tion of life and death, and the emergence of a new disciplinary
society and disciplinary mechanisms. This was the period of
At one point in the eighteenth century, three key disposi- multiple mutations and discontinuities in the old political and
tives of power seemed to function parallel with each other, economic order. It was the century of the ascent of political
but at the same time, their profiling could be identified. In and civil rights. Moreover, “[a]t the end of the eighteenth cen-
this respect: “[L]et’s say then that sovereignty capitalizes a ter- tury, people dreamed of a society without crime. And then the
ritory, raising the major problem of the seat of government, dream evaporated. Crime was too useful for them to dream of
whereas discipline structures a space and addresses the essen- anything as crazy, or ultimately as dangerous, as a society with-
tial problem of a hierarchical and functional distribution of out crime. No crime means no police” (Foucault, 1980b: 47).
elements, and security will try to plan a milieu in terms of
events or series of events or possible elements, of series that And just like that, by the end of the 18th century, a gloomy
will have to be regulated within a multivalent and transform- ceremony of punishment started disappearing along with
able framework” (Foucault, 2007: 35). Then, the question aris- the body exposed to public torture and execution (Foucault,
es: How could regulatory police practices appear within the 1995). Not even thirty years had passed since the dramatic
newly established disciplinary dispositive in the eighteenth ceremony of Damiens’ public execution when Bentham’s
century? The following section describes the liminality of the Panopticon appeared in 1787. It is amazing that so many large
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mutations accumulated in one century; a long history of the The body, therefore, was no longer a place where the sov-
punishing, stigmatising body was interrupted; the body en- ereign would demonstrate his power, but on its surface the
tered a new history or rather a new one genealogical stream – new economic and disciplining practices were imprinted, mi-
of relations, power, knowledge, gaze, surveillance, practices of crophysics of productivity, new practices of the spatial deploy-
instilling discipline, obedience; in the relations between pro- ment of bodies, the surveillance and discipline (Marinković &
duction and usefulness; new spatial relations; new dynamics Ristić, 2015). These are areas in which, in the deployed body,
of the time structure – new space and time arrangements. The something else was imprinted. It was no longer a mark, a sign
great mutation of the old biological system meant a perma- of shame, injury, death, but rather the view, oversight, power/
nent shift from pandemic diseases and mass mortality which knowledge, productive practices of movement (speed, agility,
had a face of plague, to endemic diseases and imbalance in skill, rhythm). In this way, the “new” body was inscribed in
favour of life and its exponential growth. The population a new way that the epoch would govern as its strategic tech-
had just consolidated biologically and increased, experienc- nology. It was inscribed in the epoch through the new optics
ing a modest but sustained growth, when new fears surfaced. of light and control mechanics – through new discourses and
This is where Malthus (1998) saw the legitimacy of this new practices of power/knowledge which were handled, as the
danger. It was no longer the fear of the old order of death, strategic resources, first by the discipline through its individu-
but the fear of a new order of life that began to emerge. Just alized body-productivity, and then the regulation through the
as eighteenth century productivity began to conquer death, body-multitude – population. Only then, the body became a
shortage, scarcity, hunger, and disciplinary hygiene regimes bio-political and bio-police reality and “medicine a bio-polit-
to overcome disease, Malthus was afraid that the productiv- ical strategy” (Foucault, 2001b).
ity of life would outpace the productivity of resources. One
should remember that Malthus’ fear arose in the midst of the The sovereign’s presence is ceremonial and his premises
breakdown of the old order, in the midst of productivity, in are court, residences, sometimes main squares where his will
the midst of the economic optimism of physiocrats and mer- is executed. He will never gaze at unkept quarters, peasant’
cantilists. Malthus’ fear is still a vivid memory of the possibil- or workers’ houses, brothels, ports, overcrowded buildings
ity of a shortage, just when there was food available. But now and flats in workers’ settlements, the places of odours and
there is no longer an old balance of epidemics and high mor- unsightly scenes, courtyards, taverns and coffeehouses (the
tality rates, but the thriving of life. This is what we can identify dubious third places) (Marinković & Ristić, 2016b) in which
in Foucault as police of grain (Foucault, 2007: 45). plots are hatched, political pamphlets written and first news-
papers start to come out), hospitals or inns, mazes of narrow,
The equilibrium of the old biological order, which was es- dark, stifling streets that will at some point pose a threat to the
tablished by a large mortality, was broken with the twin meas- order and health population. "A fear haunted the latter half of
ures: hygienic/medical, and economic/political. The old eco- the eighteenth century: the fear of darkened spaces, of the pall
nomic order built on the land and wealth was broken by the of gloom which prevents the full visibility of things, men and
development of manufacturing and the first industrial plants, truths" (Foucault, 1980d: 153).
as well as the concept of political economy. The old political
order of the monarchical sovereignty finally fell apart in the A new type of power emerged, to establish a rational regu-
Revolution, although this old political edifice ‘would none the lation, to give a new legitimacy for the surveillance that will
less have fallen, though it would have given way piecemeal in- find its way into the public and partly private life of people.
stead of breaking down with a crash’ (de Tocqueville, 1856: 36). It was no more monolithic power, but synaptic (Foucault,
The Great Revolution was only a vibration in the century affect- 1980b: 39), a capillary form of power that corresponds to the
ed by general mutations. The biological, political and economic new, increasingly thicker fabric of the society.
mutations in the 18th century “made it necessary to ensure the
circulation of effects of power through progressively finer chan- The police deploy technologies and practices precisely
nels, gaining access to individuals themselves, to their bodies, in these new areas, and will not be interested in centralised
their gestures and all their daily actions” (Foucault, 1980d: surveillance, which Bentham previously considered to be ar-
151–152). While the “monarch exercised power in a nakedly chaic (Foucault, 1980d: 160) and outdated. It will rather use
violent fashion, bullying the population”, with the “ambition to a regional distribution of surveillance over small fragmented
control unruly hearts and minds by dramatic means”, the later things related to the everyday life. The sovereign “[p]ower
period “then ushered in a new, more efficient, cleaner and far- had only a weak capacity for ‘resolution’, as one might say in
reaching form of power, one which ceased to treat the body as photographic terms; it was incapable of an individualising,
mere ‘meat’ to be hacked up with the purpose of provoking fear exhaustive analysis of the social body” (Foucault, 1980d: 151).
in a society’s subjects” (Philo, 2001: 481). It should be noted that this does not refer to the concept of
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Dušan Marinković, Dušan Ristić: Foucault and the Birth of the Police
social body in a metaphorical sense. In Foucault, the social infinitely small – everything that has escaped the ritual gaze
body appeared exactly at the same time as the police and its of the sovereign: “Everything that happens” – all those “un-
technologies: “We see that the police constituted a complete important things of which Catherine II spoke in her Great
administration of the social ‘body’. This term ‘body’ must not Instruction’ (Foucault, 1995: 214). The sovereign – this is
be understood in a simply metaphorical fashion, because it politics; the life of the man – this is police. Finally, the sov-
is a question of a complex and multiple materiality that in- ereign is interested in wars; the police are interested in life.
cludes, apart from the ‘body’ of individuals, the ensemble of Johann von Justi noticed these modulations within the old
material elements that insure their life, constitute the frame- dispositive of legality, while working on one of his first books
work and results of their activity, and allow for transportation – Polizeiwissenschaft, in the mid-eighteenth century.
and exchange. The police, as an institutional ensemble and as
a calculated modality of intervention, was responsible for the Die Politik is basically for him the negative task of the state.
‘physical’ element of the social body” (Foucault, 2014: 117). It consists in the state’s fighting against its internal and exter-
This new technology of regionalised surveillance appeared nal enemies, using the law against the internal enemies and the
only with the police.8 Then, police and medicine take respon- army against the external ones. von Justi explains that the po-
sibility for what is regional (Foucault, 2001b: 141). lice (Polizei), on the contrary, have a positive task. Their instru-
ments are neither weapons nor laws, defence nor interdiction.
It is no longer power over the society (the sovereign’s pow- The aim of the police is the permanently increasing production
er), but the power that is being implemented within the society of something new, which is supposed to foster the citizens’ life
(regulatory power), which is “inserted” as a constant in human and the state’s strength. The police govern not by the law but
behaviour, their demeanour, their learning in their everyday by a specific, a permanent, and a positive intervention in the
life (Foucault, 1980b: 37). The sovereign is not interested in behaviour of individuals (Foucault, 2001c: 415).
regionalization, diminishing, fractalisation of the area and
its fragility. Sovereign is always interested in centralisation. The police will intervene in actual, practical life, between
However, all these new spaces are what will interest the police: work, communications, contact, coexistence, urban density,
“What the police are concerned with is men’s coexistence in potential diseases, hazards and sovereign power that will see
a territory, their relationships to property, what they produce, it, not as people and their actual life, but in the form of the first
what is exchanged in the market, and so on. It also considers statistical data, annual or monthly reports. The still sovereign
how they live, the diseases and accidents that can befall them. government, in its historical and political end, will be interest-
In a word, what the police see to is a live, active, and productive ed in an average, not individual cases; population, not an in-
man” (Foucault, 2001c: 412). This is why “the birth of police” in dividual; number, not a man; endemic, not epidemic diseases.
the eighteenth century is not an answer to the question of how
men became disciplined or how men became good. It is not
Louis XVI will become aware of it, that he lives at the end
even the question of how society excluded criminals and crim-
of an old dispositive and that something should be changed,
inality and how society, with this exclusion, was constituted as
but it will be too late. In this new, primarily urban everyday
a society of “normal”, “rational” or “good” citizens. It is rather
of the masses who grow into new bio-political reality, popula-
an answer to the question of how men became healthy. Even
tion, old fears of public executions will eventually fade away,
more specifically, although strange at first glance, the police
and new fears of closure, imprisonment as a general dispositive
were the answer to the question how men became beings that
of punishment, crime, of miasmic places will revive. There are
live, work and speak (Foucault, 2005). Therefore, this article
societies or penal practices of exclusion (Ancient Greece), re-
argues that the “mission” of the police was to regulate the life
demption (Germanic societies), stigmatising or confinement
of men. By this we do not think of police as a force that allows
(Western societies at the end of the Middle Ages) (Foucault,
people to live – exactly the opposite: the police used regula-
2015: 6–9), and those will be replaced by surveilling and clos-
tory technology and power that allowed for the development
ing societies. Justice of the old regime “only arrested a deriso-
and proliferation of life. This was a power of producing social
conditions where life was more than just a survival. ry proportion of criminals; this was made into the argument
that punishment must be spectacular so as to frighten the oth-
In the regionalisation and segmentation of the area, the ers” (Foucault, 1980d: 155), until the prison becomes space to
police will use their regulatory practices and localise anything which punishment will move and spread out; space in which
the look will turn into examination (examen) or a new form
of analysis based precisely on the new legislative, judicial and
In another article on police and the birth of governmentality, we
8 criminal practices. The panoptic space, not just the prison but
claim that “early” police were spatially regionalized and segment- all its components as well (clinical, family, factory), will have
ed social mechanism (Marinković & Ristić, 2017). now their observation and its laboratory side (Foucault, 1995:
359
Revija za kriminalistiko in kriminologijo / Ljubljana 70 / 2019 / 4, 352–363
203). Its naturalist side firmly stands on the botanical garden 2015). The king touches persons and the new dispositive
model, the “unencumbered spaces in which things are jux- governs the mass; the king is the ritual and technologies of
taposed: herbariums, collections, gardens” (Foucault, 2005: power become routines; the king is a performance and he has
143); spaces where they will be seen to be grouped, classified; subjects: the king expels, kills or heals in a ceremonial way;
so that the look could determine the differences; to make a new mechanisms normalise and new dispositives signify the
table and work out the averages. Its laboratory side will be implementation of hygiene measures, individualise diseases
dependent on the practices of investigation and examen. The and regionalize police practices.
punishment and old inquisitorial investigation will leave the
body so that a new type of gaze could appear, panopticism, Therefore we can speak of a modulation within the dis-
which will establish a regime of surveillance and discipline. positive of the sovereignty where disciplinary mechanisms
Because the deprivation of liberty and imprisonment were not and regulatory practices of power gradually penetrate in
part of the European penal system before major reforms took the population. Within the disciplinary regime, with its new
place in the period 1780–1820: “Eighteenth-century jurists mechanisms (of surveillance, individualization, bodily prac-
are unanimous on this point: ‘Prison is not regarded as a pen- tices, imprisonment, normalization, correction, re-socialisa-
alty in our civil law ...’” (Foucault, 2015: 249). tion), a modulation appeared, and it had a form of police.
However, the practices of ceremonial punishment used The police appeared as the assemblage of situational in-
to renew the undermined sovereign’s power will not disap- terventions that sustained living and coexistence with the
pear all at once, but will gradually fade and disappear as pub- purpose of sustaining and developing state forces. This is why
lic performances. They will even be temporarily restored by the police were part of the circle that starts from the state, as
the new revolutionary regime since the emerging disciplinary a rational force and calculated interventions over individuals,
dispositive and its technologies of individualisation and nor- and “returns” to the state in a new form as the assemblage of
malisation have not been institutionalised yet: “The head of forces over the life of individuals. This is no longer only the
Delaunay was paraded around the captured Bastille; around bare life (Agamben, 1998) of people, but also a problem for
the symbol of the repressive apparatus revolves, with its an- the sovereign. The concept of life that the police were inter-
cient ancestral rites, a popular practice which does not identi- ested in was a question of emerging practices concentrated
fy itself in any way with judicial institutions” (Foucault, 1980a: within the urban areas.
6). Nevertheless, while the old ceremony of the sovereign
power is being temporarily restored, it is still hard to imagine Regulation was the main instrument of the police in the
that the same ceremony is archaic and will soon be replaced by form of generalized discipline. It will be clearly distinctive
a new one. While the looks directed towards Delaunay’s head from the other types of royal (sovereign) power, such as ju-
are still trapped in the old trihedral sovereign-law-repression, dicial power. The police were not justice, they stemmed from
the medical gaze penetrates unnoticed into dungeons. But, royal power; like justice, only different. The police were not
what is he doing there where he did not belong before? There, a matter of the extension of justice as they enabled the sov-
where only the gaze of law and legislation reigned supremely, ereign to have a direct influence, only in a non-juridical way
this gaze brings a new classificatory scheme. This is a look that (Foucault, 2007: 339). In other words, the police were born
will separate and thus “free” the healthy from the sick, mental as a non-mediated, direct governmentality of the sovereign
patients from criminals, able-bodied from vagrants. as a sovereign; or, “let’s say that police is the permanent coup
d’État” (Foucault, 2007: 339), because it opposed sovereignty
The great constituent scene of Pinel’s “liberation” of de- with a different type of rationality, that is, a new regulatory
tained patients in Bicêtre in 1792 (Foucault, 2006b: 28) also type of power. It was the assemblage of the regulatory prac-
suggests changes and the emergence of a new dispositive. tices emerging within the disciplinary dispositive and in the
However, there is still great intermingling, the absence of new erosion of the dispositive of sovereignty. This means that from
classificatory power. As the sick can still be found in the dun- the end of the sixteenth until the eighteenth century, there was
geons of the Bastille, in Bicêtre, the former military paradigm a great proliferation of local and regional disciplines within
and then the one of a large general hospital, detainees can be workshops, schools, hospitals, prisons and army, which was
found in the prison. In the “old” dispositive of sovereignty, the consequence of the imposition of a new type of social
there is no normalisation, no repair. There is a force of re- power, that of urban practices of regulation. Trade, city, regu-
moval, expulsion, force of the royal sword, permanent dispro- lation and discipline were the characteristic domain of po-
portion of punishment and crime. When the sovereign tries lice practice during the seventeenth and eighteenth century
to ‘heal’, this is also done in a ritual manner through a peri- (Foucault, 2007). That is why Foucault believed that one of
odic healing ceremony, the royal touch (Bloch, 2015; Brogan, the crucial and typical elements of the police was the “man as
360
Dušan Marinković, Dušan Ristić: Foucault and the Birth of the Police
the true subject” (Foucault, 2007: 322) or his life as the true (Foucault, 1998). Although this is a strategic concept, there is
subject. A subject is not just what is subjected, but also what no theory of rationality of the European type, and there is no
is “born” in the resistance to repression. For police, a subject theory of sexuality and biopolitics.
was not only characterised by subordination to discipline and
repression, but also by active life, work and production. Perhaps to some (false) modesty, Foucault was satisfied
only with analytics and not theory, genealogy, not history, one
What is characteristic of a police state is the interest in regional geography (first the French and then European) a lo-
what people say and what people do, the interest in their “oc- cal cartography (Deleuze, 2006), analytics that seek to “shift
cupation” (Foucault, 2007: 322). Indeed, the early form of the away from a juridico-political discourse of violence, where the
police was the rudimentary form of biopolitics – bio-police. concept of sovereignty reigns supreme, and toward historico-
While the sovereign represented authority and power, the political relations of power” (Jabri, 2007). For him, the local
police were governing and governance. Another important archive was of greater importance, the local archaeological
difference is that the police did not want revenge like the sov- ‘site’ of a certain discourse and very specific social practices,
ereign, there is the restitutive character and modulation as and singularity of the event “stripped of any uniform purpo-
well, the police wanted balance! Regulation was more about siveness” (Veyne, 2010: 12). Finally, like Weber, Foucault was
restitution and not retribution or revenge. While the sover- a nominalist. This was more analytics of transitions, transfor-
eign exercised ceremonial revenge and retribution over the mations and modulations, than the history of continuity.
body of the subordinate, the police emerged in the form of
generalized discipline; not over an individual body, but over In this regard, in Foucault’s body of work we did not find
the population. a large, extensive history of police that dates back to antiquity.
His research will show us the forgotten eighteenth-century
It is something else, namely regulation, the main means of police archive records, regulations of local cities on hygienic-
the police system, which, as I was just saying, [in the form] of a police measures, regional and urban practices that attempted
generalized discipline [no more individual – author’s comment], to re-establish the disturbed order of life after major epidem-
was the essential form in which one conceived of the possibil- ics, shortages and famine, starvation or robberies. Foucault’s
ity and necessity of police intervention. The postulate of police interest in the police is less part of his archaeology of a type
regulation was, of course, that things were indefinitely flexible of discursive practices that are deposited in one time and
and that the sovereign’s will, or the rationality immanent to the one space and more a genealogy; the birth of a network of
ratio, to raison d’État, could obtain what it wanted from them branched lines of a practice of surveillance, control, disci-
(Foucault, 2007: 445). pline and regulation whose original subject is life and man
(Foucault, 2001c). These are the lines of “genealogy of tech-
In this sense, this was not the police of repression, the po- nologies of power” (Foucault, 2007: 55).
lice of torture of the individual body, the police of strict pro-
hibition or universal centralised surveillance. It was “the art Shifting from the technology of disciplinary to the tech-
of managing life and the well-being of populations” (Foucault, nology of regulatory practices marked the permanent shift
2007: 407). Of course, police and the development of regula- from the individual body (sick or healthy) to a new collective
tory technology of power in the eighteenth century had little body, the population. Certainly, by shifting to the regulatory
to do with our present notion of police. The “original” func- dispositive, police will not abandon disciplinary mechanisms.
tions of the “early” police, which Foucault wrote about, were It will activate them in a situational and temporary manner,
not discipline or militaristic in the true sense of the word. but their permanent and true subject will be the man and life,
the life of multitude, of population. These are the very objects
of the regulatory dispositive and key trihedral in which the
5 Conclusion police began to operate: order-wealth-health.
In this paper, we have shown that although Foucault’s We tried to add and demonstrate to this Foucauldian per-
use of the term police is inseparable from all the key con- spective that police were liminal or border term in Foucault’s
cepts that constitute his analytics, i.e. power (power/knowl- work and it shows why his typology of three great dispositives
edge), rationality, surveillance and control, governmentality, of power should not be conceived as historical chronology.
medical gaze and discourse, penal, disciplinary and regula- The early concept of the police was a type of regulation with-
tory diagrams, sexuality, crime, insanity, biopolitics and bio- in social life that enabled the life of society, the organization
power, none of these key concepts has been developed into a and coordination of institutions within what Foucault called
kind of Foucault’s theory: his theory of power does not exist disciplinary society. We have seen in the article that police, as
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Dr. Dušan Marinković, redni profesor za sociologijo, Fakulteta za filozofijo, Univerza Novi Sad, Srbija.
E-pošta: [email protected]
Dr. Dušan Ristić, docent, Fakulteta za filozofijo, Univerza Novi Sad, Srbija. E-pošta: [email protected]
Gre za raziskovanje pomena in pomembnosti koncepta policije v delih Michela Foucaulta. Čeprav Foucault ni ponudil teorije ali
sistematične zgodovine razvoja policije, trdimo, da je Foucaultev koncept policije manj del njegovega arheološkega projekta in analitike
diskurzivnih praks, temveč bolj genealoški. Foucaulteva genealogija policije se nanaša na nastanek mreže razvejanih vrst regulacijskih
praks. V prispevku želimo prikazati, kako je zgodovinski pojav policijske prakse v Evropi v 17. in 18. stoletju, zlasti v Franciji in
Nemčiji, predstavljal pomembno modulacijo znotraj dveh velikih dispozitivov moči – suverenost in disciplina. Foucault je s svojo
genealogijo policijske prakse pokazal, kako regulativne prakse moči/znanja postopoma prodirajo v populacijo. Policija je nastala kot
oblika regulativne prakse, ki je prežeta z novim pojmovanjem življenja – življenja populacij in družbe ali kar je kasneje postalo stalni
predmet policije.
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