Foucault’s functional justice and its relationship to legislators and popular illegalism
Why this work is in the frame
A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.
Bibliographic record
Abstract
This article presents two of Foucault’s lesser known notions, “justice fonctionnelle" (functional justice) and “stratégie du pourtour” (strategy of the perimeter), in order to interrogate the role of legislators in regard to the policing of political dissent. This article contains three parts. First, I present the two lesser known notions referred to above. Then, I provide my understanding of the role of law for Foucault. Finally, in the third part, I explain how a consensual relationship between the police and legislators is established. I present briefly the work of Avrom Sherr (1989) and outline the contents of a recent U.S. anti-protest law (H.R. 347, or "Anti-Occupy Wall Street Law") which gives the police greater powers to redefine the legal nature of public space and to make arrests without having to show criminal intent (mens rea) on the part of protesters. My aim is to further think through the paradox that Foucault mentioned in his lectures on security societies: non-judicial methods used in security processes undermine the primacy of law but also lead to the overproduction of laws (inflation législative).
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.005 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.003 | 0.001 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it