Law And Disorder In The Postcolony

Are postcolonies haunted more by criminal violence than other nation-states? The usual answer is yes. In Law and Disorder in the Postcolony, Jean and John Comaroff and a group of respected theorists show that the question is misplaced: that the predicament of postcolonies arises from their place in a world order dominated by new modes of governance, new sorts of empires, new species of wealth—an order that criminalizes poverty and race, entraps the “south” in relations of corruption, and displaces politics into the realms of the market, criminal economies, and the courts. As these essays make plain, however, there is another side to postcoloniality: while postcolonies live in states of endemic disorder, many of them fetishize the law, its ways and itsmeans. How is the coincidence of disorder with a fixation on legalities to be explained? Law and Disorder in the Postcolony addresses this question, entering into critical dialogue with such theorists as Benjamin, Agamben, and Bayart. In the process, it also demonstrates how postcolonies have become crucial sites for the production of contemporary theory, not least because they are harbingers of a global future under construction.

The essays in this important new collection explore the diverse, unexpected, and controversial ways in which the idea of civil society has recently entered into populist politics and public debate throughout Africa. In a substantial introduction, anthropologists Jean and John Comaroff offer a critical theoretical analysis of the nature and deployment of the concept—and the current debates surrounding it. Building on this framework, the contributors investigate the "problem" of civil society across their regions of expertise, which cover the continent. Drawing creatively on one another's work, they examine the impact of colonial ideology, postcoloniality, and development practice on discourses of civility, the workings of everyday politics, the construction of new modes of selfhood, and the pursuit of moral community. Incisive and original, the book shows how struggles over civil society in Africa reveal much about larger historical forces in the post-Cold War era. It also makes a strong case for the contribution of historical anthropology to contemporary discourses on the rise of a "new world order."

This new book by the well-known anthropologists Jean and John L. Comaroff explores the global preoccupation with criminality in the early twenty-first century, a preoccupation strikingly disproportionate, in most places and for most people, to the risks posed by lawlessness to the conduct of everyday life. Ours in an epoch in which law-making, law-breaking, and law-enforcement are ever more critical registers in which societies construct, contest, and confront truths about themselves, an epoch in which criminology, broadly defined, has displaced sociology as the privileged means by which the social world knows itself. They also argue that as the result of a tectonic shift in the triangulation of capital, the state, and governance, the meanings attached to crime and, with it, the nature of policing, have undergone significant change; also, that there has been a palpable muddying of the lines between legality and illegality, between corruption and conventional business; even between crime-and-policing, which exist, nowadays, in ever greater, hyphenated complicity. Thinking through Crime and Policing is, therefore, an excursion into the contemporary Order of Things; or, rather, into the metaphysic of disorder that saturates the late modern world, indeed, has become its leitmotif. It is also a meditation on sovereignty and citizenship, on civility, class, and race, on the law and its transgression, on the political economy of representation.

In Ethnicity, Inc. anthropologists John L. and Jean Comaroff analyze a new moment in the history of human identity: its rampant commodification. Through a wide-ranging exploration of the changing relationship between culture and the market, they address a pressing question: Wherein lies the future of ethnicity? Their account begins in South Africa, with the incorporation of an ethno-business in venture capital by a group of traditional African chiefs. But their horizons are global: Native American casinos; Scotland’s efforts to brand itself; a Zulu ethno-theme park named Shakaland; a world religion declared to be intellectual property; a chiefdom made into a global business by means of its platinum holdings; San “Bushmen” with patent rights potentially worth millions of dollars; nations acting as commercial enterprises; and the rapid growth of marketing firms that target specific ethnic populations are just some of the diverse examples that fall under the Comaroffs’ incisive scrutiny. These phenomena range from the disturbing through the intriguing to the absurd. Through them, the Comaroffs trace the contradictory effects of neoliberalism as it transforms identities and social being across the globe. Ethnicity, Inc. is a penetrating account of the ways in which ethnic populations are remaking themselves in the image of the corporation—while corporations coopt ethnic practices to open up new markets and regimes of consumption. Intellectually rigorous but leavened with wit, this is a powerful, highly original portrayal of a new world being born in a tectonic collision of culture, capitalism, and identity.

Drawing on data from a cross-section of postcolonial nations across the world and on a detailed case-study of Nigeria, this book examines the experience of recreating law and justice in postcolonial societies. The author's definition of postcolonial societies includes countries that have emerged from external colonial rule, such as Nigeria and India as well as societies that have overcome internal dominations, such as Afghanistan and Iraq. Suggesting that restructuring a system of law and justice must involve a consideration of the traditions, customs and native laws of a society as well as the official, often foreign rules, this volume examines how ethnically complex nations resolve disputes, whether criminal or civil, through a combination of formal and informal social control systems. This book is unique in its concern with how the average citizens of a postcolonial society can play more active parts in their nation's law and justice, and how modern and increasingly urban societies can learn from indigenous peoples and institutions, which are more informal in their approaches to problem-solving. The concluding chapter looks at the possibility of an increased role for civil as opposed to criminal response in the social control system of a postcolonial society.

This book investigates the literary imaginings of the postcolonial city through the lens of crime in texts set in Naples and Mumbai from the 1990s to the present. Employing the analogy of a ‘black hole,’ it posits the discourse on criminality as a way to investigate the contemporary spatial manifestations of coloniality and global capitalist urbanity. Despite their different histories, Mumbai and Naples have remarkable similarities. Both are port cities, ‘gateways’ to their countries and regional trade networks, and both are marked by extreme wealth and poverty. They are also the sites and symbolic battlegrounds for a wider struggle in which ‘the North exploits the South, and the South fights back.’ As one of the characters of the novel The Neapolitan Book of the Dead puts it, a narrativisation of the underworld allows for a ‘discovery of a different city from its forgotten corners.’ Crime provides a means to understand the relationship between space and society/culture in a number of cities across the Global South, by tracing a narrative of postcolonial urbanity that exposes the connections between exploitation and the ongoing ‘coloniality of power.’

What are the potential contributions of anthropology to the study of police? Even beyond the methodological particularities and geographic breadth of cultural anthropology, there are a set of conceptual and analytical traditions that have much to bring to broader scholarship in police studies. Including original and international contributions from both senior and emerging scholars, this pioneering book represents a foundational document for a burgeoning field of study: the anthropology of police. The chapters in this volume open up the question of police in new ways: mining the disciplinary legacies of anthropology in order to discover new conceptual tools, methods, and pedagogies; reworking relationships between "police," "public," and "researcher" in ways that open up new avenues for exploration at the same time as they articulate new demands; and retracing a hauntology that, through interactions with individuals and collectives, constitutes a body politic through the figure of police. Illustrating the various ways that anthropology enables a reassessment of the police/violence relationship with a broad consideration of the human stakes at the center, this book will be of interest to criminologists, sociologists, anthropologists, and the broad interdisciplinary field invested in the study of policing, order-making, and governance.

Violent Becomings sheds light on violence in the periods of colonial and postcolonial state formation by conceptualizing the state not as the bureaucratically ordered polity of the nation-state, but as a continuously evolving and violently challenged mode of social ordering.

Offering an anthropological perspective, this volume explores the changing relations between law and governance, examining how changes in the structure of governance affect the relative social significance of law within situations of legal pluralism. The authors argue that there has been a re-regulation rather than a de-regulation, propagated by a plurality of regulative authorities and this re-regulation is accompanied by an increasing ideological dominance of rights talk and juridification of conflict. Drawing on insights into such processes, this volume explores the extent to which law is used both as a constitutive legitimation of governance and as the medium through which governance processes take place. Highlighting some of the paradoxes and the unintended consequences of these regulating processes and the ensuing dynamics, Rules of Law and Laws of Ruling will be a valuable resource for researchers and students working in the areas of legal anthropology and governance.

Despite being one of the world's most vibrant democracies, police estimate between five and ten percent of the murders in South Africa result from vigilante violence. This is puzzling given the country's celebrated transition to democracy and massive reform of the state's legal institutions. Where most studies explain vigilantism as a response to state or civic failure, in Contradictions of Democracy, Nicholas Rush Smith illustrates that vigilantism is actually a response to the processes of democratic state formation. In the context of densely networked neighborhoods, vigilante citizens often interpret the technical success of legal institutions-for instance, the arrest and subsequent release of suspects on bail-as failure and work to correct such perceived failures on their own. Smith also shows that vigilantism provides a new lens through which to understand democratic state formation. Among young men of color in some parts of South Africa, fear of extra-judicial police violence is common. Amid such fear, instead of the state seeming protective, it can appear as something akin to a massive vigilante organization. An insightful look into the high rates of vigilantism in South Africa and the general challenges of democratic state building, Contradictions of Democracy explores fundamental questions about political order, the rule of law, and democratic citizenship.