In this Article, I examine the Visiting Mechanisms under the Convention against Torture (CAT) and the Optional Protocol thereto (OPCAT), applying an analytic approach resting on Foucault’s Discipline and Punish. I argue that international Visiting Mechanisms essentially constitute disciplinary apparatuses as depicted by Foucault. However, because they fail to recognise this functional similarity, they do not effectively apply the methods of inducing panoptic power. Most notably the concept of ‘hierarchical observation’ is hardly utilised at all. The two introduced legal entities, (...) the Committee against Torture under CAT, and the Subcommittee for the Prevention of Torture under OPCAT, both engage in visits to states with a view to eradicate torture and ill-treatment throughout the world. Critically examining their systemic design and practises reveals that the preventative ante hoc mandate of the Subcommittee is more effective than the post hoc inquiries of the Committee. Nevertheless, because both entities unfortunately fail to fully utilise panoptic power, the article concludes by offering a set of recommendations for both bodies that could arguably enhance their overall effectiveness. (shrink)

As dominant liberal conceptions of the relationship between rights and freedom maintain, freedom is a property of the individual human subject and rights are a mechanism for protecting that freedom—whether it be the freedom to speak, to associate, to practise a certain religion or cultural way of life, and so forth. Rights according to these kinds of accounts are protective of a certain zone of permitted or valorised conduct and they function either as, for example, a ‘side-constraint’ on the actions (...) of others or as a ‘trump’ over governmental or community goals. In such accounts, of course, the emphasis is placed upon the forms of power against which rights protect the individual, whether that be the trespasses of others or the overweening attentions of the state. Such accounts famously do not themselves take much account of the multiple ways in which rights also function as forms of power, often delimiting the courses of action that a putative rights-holder can take and affecting the manner of its exercise, indeed often in the very name of freedom itself. Of course, there is a sizeable critical literature which does address itself to these kinds of question, most notably from the radical traditions of Marxism and critical legal theory, which see rights in terms of the relations of production, consumption and exploitation that they establish between legal subjects. For various reasons, Foucault has not figured as prominently in critical discussions of rights. Here I do not propose to enter into debates surrounding Foucault’s engagement with, or failure to engage with, law as an object of study, nor with the emergent literature on Foucault’s deployments of rights, indeed even of human rights. Rather, what I want to do in this paper is to articulate and defend the view that through a reading of Foucault’s work, both on rights and on power relations more broadly, we can discern an understanding of the political ambivalence of rights. For Foucault (and for some of the post-Foucaultian scholars whose work I shall address, below), rights are both political tools for the contestation and alteration of mechanisms of power and simultaneously mechanisms of inscription, both disciplinary and governmental, which work to conduct those who rely upon them. Far from being an unproblematic tool for the protection of the subject’s freedom, rights emerge in this account as conflicted and ambivalent mechanisms. In the first part of this paper I develop a Foucaultian account of rights along these lines and then hope to illustrate it by reference to several examples, from the constitution of gender and cultural identity via rights to the figure of the refugee, whilst in the final part of the paper I make a return to the idea of freedom in Foucault’s work and link the view of rights developed herein to a certain conception of freedom in his work. (shrink)

Drawing upon the thought of Giorgio Agamben, this essay focuses upon the potential of a single act to change a political order. Agamben’s writings retain the possibility for a paradigmatic gesture that opens a space for a politics not founded on a form of belonging grounded in a particular property, such as national identity. To illustrate this event this essay turns to Agamben’s construction of whatever-being, which is constructed hyper-hermeneutically. This term is chosen deliberately. Whatever-being retains a hermeneutic structure, but (...) is constructed through singular paradigmatic examples. These examples are evidence for whatever-being’s existence as a pure singularity, unable to be reduced to a particular quality. Such examples are gestures that allow future modes of belonging to separate themselves from oppressive foundations and dominating constructions of political existence, through revealing the possibility of a new way of being that does not require a revolutionary “zero hour” to be brought about. (shrink)

Identity is a contemporary buzzword in education, referencing the individual and the social, the personal and the political, self and other. Following Maggie MacLure, we can think of identity in terms of teachers ‘arguing for themselves’, or giving an account of themselves. Yet in the wake of poststructuralism's radical de‐centering of the subject and its highlighting of a number of impediments to agency, we might well ask how teachers are to give an account of themselves? This paper offers reading of (...) identity that recognizes its paradoxical aspects, yet also contains scope for ethical agency. The latter is explored via a ‘diagram’ that utilizes Foucault's four axes of ethics to elaborate a framework for thinking about teacher identity as ethical self‐formation and for engaging in what I refer to here as ‘identity work’. This approach to thinking about teacher identity recognizes our discursive determination, yet also offers scope for recognizing and building ethical agency. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 2, Page 245-267, February 2022. The ancient Cynic Diogenes was the first to declare ‘I am a citizen of the world ’ and the other Cynics followed him. In The Courage of the Truth, Michel Foucault analyses the Cynic mode of parrhēsia and living in truth, however, his text expands the cosmopolitical amplitude of Cynics since the Cynics’ true life contains an inherent cosmopolitan logic. Identifying the core of the Cynic true life in (...) the care for the self that leads to the care for the others within the horizon of the possibility of another life and another world, Foucault shows how the Cynic establishes ‘an intense bond with the whole of humankind’, cares ‘for all mankind’ and for the whole world as a ‘functionary of humanity’ and, as ‘the scout of humanity’, the Cynic prefigures the future and exercises the ‘government of the universe’. This article argues that Foucault’s account on Cynics maps the very first moments of becoming cosmopolitan and offers an insightful perspective on the process of achieving a cosmopolitan subjectivity, a process displayed by different expressions of cosmopolitanism, and especially the ‘insurgent cosmopolitanism’ from the bottom up. (shrink)

The ancient Cynic Diogenes was the first to declare ‘I am a citizen of the world ’ and the other Cynics followed him. In The Courage of the Truth, Michel Foucault analyses the Cynic mode of parrhēsia and living in truth, however, his text expands the cosmopolitical amplitude of Cynics since the Cynics’ true life contains an inherent cosmopolitan logic. Identifying the core of the Cynic true life in the care for the self that leads to the care for the (...) others within the horizon of the possibility of another life and another world, Foucault shows how the Cynic establishes ‘an intense bond with the whole of humankind’, cares ‘for all mankind’ and for the whole world as a ‘functionary of humanity’ and, as ‘the scout of humanity’, the Cynic prefigures the future and exercises the ‘government of the universe’. This article argues that Foucault’s account on Cynics maps the very first moments of becoming cosmopolitan and offers an insightful perspective on the process of achieving a cosmopolitan subjectivity, a process displayed by different expressions of cosmopolitanism, and especially the ‘insurgent cosmopolitanism’ from the bottom up. (shrink)

The ancient Cynic Diogenes was the first to declare ‘I am a citizen of the world ’ and the other Cynics followed him. In The Courage of the Truth, Michel Foucault analyses the Cynic mode of parrhēsia and living in truth, however, his text expands the cosmopolitical amplitude of Cynics since the Cynics’ true life contains an inherent cosmopolitan logic. Identifying the core of the Cynic true life in the care for the self that leads to the care for the (...) others within the horizon of the possibility of another life and another world, Foucault shows how the Cynic establishes ‘an intense bond with the whole of humankind’, cares ‘for all mankind’ and for the whole world as a ‘functionary of humanity’ and, as ‘the scout of humanity’, the Cynic prefigures the future and exercises the ‘government of the universe’. This article argues that Foucault’s account on Cynics maps the very first moments of becoming cosmopolitan and offers an insightful perspective on the process of achieving a cosmopolitan subjectivity, a process displayed by different expressions of cosmopolitanism, and especially the ‘insurgent cosmopolitanism’ from the bottom up. (shrink)