Global Panopticism: States, Corporations, and the Governance Effects of Monitoring Regimes

January 2008
Indiana Journal of Global Legal Studies;Winter2008, Vol. 15 Issue 1, p101
Academic Journal
Regulatory power has become fractured. Its assertion both by public and private bodies is well known. Less well recognized is that the expression of this regulatory power has been fracturing as well. No longer confined to positive regulation or judicial decision, the techniques for enforcing regulation are substituting for regulation itself. This paper examines surveillance as a mechanism through which power is asserted and regulation effected in a world of shared public/private governance. For this purpose, understanding the nature of surveillance as a technique of governance, and as a substitute for governance itself, is a key element for understanding political authority as it is developing. The paper focuses on surveillance as a new form of lawmaking through which the old boundaries between the public and private, national and transnational, are not relevant. It explores the ways in which the construction of complex systems of conscious and permanent visibility affects the power relationships among states, economic entities and individuals. To understand the complexities and vectors of surveillance is to grasp the shape of converging public/private governance in this century. To that end, this paper first suggests an approach to the unbundling of the normative and methodological assumptions of surveillance. That approach can be usefully divided into four aspects, normative, informatics, control, and governance, each of which is developed in turn. The paper ends with an elaboration of the regulatory consequences of the manipulation of these aspects of surveillance. Drawing on theories of gouvernmentalit�, the paper suggests the ways in which governance is increasingly elaborated through the techniques of its own power. The attention lavished on surveillance in its many forms evidences the ways in which law, in a sense, is now expressed through different forms.


Related Articles

  • Notes and Comment.  // New Yorker;3/17/1973, Vol. 49 Issue 4, p29 

    The article discusses Dillon's Rule, whereby any doubt concerning the powers of a municipal corporation is decided against the corporation. The rule, which is named after the legal commentator John F. Dillon, grows out of the fact that the U.S. Constitution does not mention the powers of states....

  • Class, State, and Counter-Revolution The Fascist Seizure of Power in Italy, 1919�1922. Elazar, Dablia Sabina // European Sociological Review;Sep2000, Vol. 16 Issue 3, p301 

    How was the Fascist Squads' violence transformed from a target-specific anti-socialist tactic into a vehicle for the Fascist seizure of political power? This study of the Fascists' seizure of power in 25 of Italy's 69 provinces, focuses on the theoretically neglected historical sequence that...

  • Talking Politics. Oakeshott, Michael // National Review;12/5/1975, Vol. 27 Issue 47, p1345 

    The article discusses distinct features of the modern state in the United States. First is an office of authority. Second is an apparatus of power. Third is a mode of association. Particular attention has been given to the third feature, mode of association, where the author differentiates...


    The evolution of the states in the Middle East is marked by the appearance of loose entities, with political, economic, military, social and religious bodies, reproducing more or less the western-European state's structures. The dictum of Charles Tilly ("war made states and states made wars")...

  • THE ARMS TRADE TREATY: ACHIEVEMENTS, FAILINGS, FUTURE. Lustgarten, Laurence // International & Comparative Law Quarterly;Jul2015, Vol. 64 Issue 3, p569 

    This article looks at the origins, purposes and conflicts of national interests and policies that were the primary influences in shaping the substance of the Arms Trade Treaty, which came into force at the end of 2014. It then proceeds to a more legally focussed analysis and, having identified...

  • The fundamental question. Flom, Jospeh H. // Financial Executive;Mar/Apr88, Vol. 4 Issue 2, p36 

    The article presents commentary from Joseph H. Flom of Skadden, Arps, Slate, Meagher & Flom on corporate takeovers. He believes that, on balance, takeovers have been good for the health of U.S. business. Flom also comments on competition among the U.S. states to implement laws that are friendly...

  • The Politics of State Formation: Contradictions and Conditions of Possibility. Eriksen, Stein Sundst�l // European Journal of Development Research;Sep2005, Vol. 17 Issue 3, p396 

    This article discusses the prospects of state building in contemporary weak states. It seeks to address the following question: what are the conditions of state formation in the contemporary world? Against the background of theories of state formation, the author discusses how regime interests...

  • Insecurity and Development: The Rhetoric of the �Failed State�. B��s, Morten; Jennings, Kathleen M. // European Journal of Development Research;Sep2005, Vol. 17 Issue 3, p385 

    �State failure� assumes all states are constituted and function in the same way: on a spectrum from good to bad. Yet the relevant question is not �Is the state failing?� but �For whom is the state failing, and how?� This captures the fact that different actors...

  • COURAGE BEFORE THE EVENT: THE FORCE OF AFFECTS. JOHNSTON, ADRIAN // Filozofski Vestnik;2008, Vol. 29 Issue 2, p101 

    The article discusses the philosophy of Alain Badiou about statist power. Badiou believes that Marxism must also view statist power as inherently fragile and reactionary to the masses and see that the secret of domination is resistance. He describes state in two ways, the ontological...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics