This essay suggests that while Antony Duff's model of criminal punishment as secular penance is pregnant with possibilities for theological reception and reflection, it proceeds by way of a number of separations that are brought into question by the penitential traditions of Christianity. The first three of these—between justice and mercy, censure and invitation, and state and victim, constrain the true communicative character of his account of punishment. The second set of oppositions, between sacrament and virtue, interior character and external (...) action, and formal and moral reconciliation, subject the model of state punishment as secular penance to problematic liberal and libertarian constraints. A postsecular analogy, outlining a theology of the invitational nature of divine judgment, and drawing on Thomas Aquinas's account of penance as both sacrament and virtue, is proposed. (shrink)

Drawing on Austin’s speech act theory and on related theories of performativity and positioning, this article analyses the public confessions during the 1990s by three prominent state actors in Turkey about their direct involvement in state crimes against Kurds and left-wing political opponents. All three cases received significant media attention at the time. The aim of the article is not only to shed new light on those specific confessions by the perpetrators within the Turkish context, but also to develop further (...) theoretical insights into the phenomenon of public confessions as such. Whilst confessions of this kind are often welcomed and portrayed as truth-statements that are cathartic and enable society to move forward, this analysis demonstrates that the reality is often more complex as the confessions in question tend to go hand in hand with a disavowal of individual responsibility by the perpetrators involved. (shrink)

Working within an Archerian morphogenetic framework, I suggest that we need to pay more attention to practices. Instead of the mainstream focus on practice as action, I argue that we should pay attention to practices as a key structural and cultural element of analysis. Practices cannot be simply read-off from beliefs, that is, they are not an inevitable practical counterpart to belief. Although belief is relevant, it does not provide the full explanation for the presence of practices. Therefore, the same (...) or similar beliefs can result in significantly different practices depending on factors such as advances in technology and changes in modes of dissemination of theological doctrine. To illustrate my argument, I consider historical work on comparative religious practices, specifically the distinction between rituals and routines. A focus on the latter, as the conditions of possibility for the former, leads to some implications for the thesis of the morphogenesis of contemporary society. An analysis of the relationship between religious rituals and routines stresses the importance of placing both in their wider cultural and structural context. (shrink)

AbstractMichel Foucault is well known as a theorist of power who provided forceful critiques of institutions of confinement such as the psychiatric asylum and the prison. Although the invention of factory farms and industrial slaughterhouses, like prisons and psychiatric hospitals, can be considered emblematic moments in a history of modernity, and although the modern farm is an institution of confinement comparable to the prison, Foucault never addressed these institutions, the politics of animal agriculture, or power relationships between humans and other (...) animals more generally. The few times that Foucault discussed animality or human–animal relations, animals and animality remained metaphors for humans and human experiences. Despite Foucault's failure to analyze human–nonhuman animal relations, a significant body of Critical Animal Studies literature has mobilized Foucault's work over the last decade. In particular, a number of scholars have taken up Foucault's writings to consider how relations between humans and nonhuman animals in agriculture might be conceptualized as instances of sovereign power, biopower, disciplinary power, and pastoral power, as well as why we may not think that these are power relations at all. This essay provides an overview of Foucault's accounts of power and of the Foucauldian scholarship that applies these accounts to human–nonhuman animal relations in animal agriculture. (shrink)

This article addresses two questions related to the discrimination of homosexuals in the British Armed Forces as illuminated in the judgments of the European Court of Human Rights in the casesSmith and Grady v. the United KingdomandBeck, Copp and Bazeley v. the United Kingdom. First, how does the military organization obtain knowledge about its subjects? Two works by Michel Foucault concerning the thematic of confession—The Will to KnowledgeandAbout the Beginning of the Hermeneutics of the Self: Two Lectures at Dartmouth—provide a (...) foundation for answering this question. Second, what happens when this knowledge obtained by the military organization comes into contact with the legal system? In relation to this question, Foucauldian theories of law are discussed, namely the so-called ‘expulsion thesis’ and ‘polyvalence theory’. It is argued that the production of knowledge in the context of these cases is intertwined with the technique of confession. However, the confession does not only operate at the level of the military organization but also as an internal practice of the individual. When this knowledge then encounters the legal system, it appears that the law puts up a certain resistance towards other forms of power, e.g. disciplinary power. It is argued that this resistance is due to the law’s ‘strategic openness’, i.e. the possibility to harness the law to different strategic purposes, due to which law can never be fully subordinated by external powers. (shrink)