Ian Loader, Neil Walker - Civilizing Security (2007)
Ian Loader, Neil Walker - Civilizing Security (2007)
Civilizing Security
i a n l oa d e r a n d n e i l wa l k e r
CAMBRIDGE UNIVERSITY PRESS
Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo
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Contents
Acknowledgements vii
References 265
Index 297
v
Acknowledgements
vii
viii Acknowledgements
The authors and publisher would like to thank the following publish-
ers for permission to reproduce material for which they hold the copy-
right: Sage Publications Ltd for sections of chapter 1 that first appeared
as ‘Policing as a Public Good: Reconstituting the Connections Between
Policing and the State’, Theoretical Criminology 5/1 (2001), 9–35;
Cambridge University Press for a sketch of the overall argument that
first appeared as ‘Necessary Virtues: The Legitimate Place of the State
in the Production of Security’, in J. Wood and B. Dupont (eds.)
Democracy, Society and the Governance of Security (2006); and Hart
Publishing Ltd for an initial version of chapter 9 which is to be pub-
lished as ‘Locating the Public Interest in Transnational Policing’, in A.
Goldsmith and J. Sheptycki (eds.), Crafting Global Policing (2007).
Prologue
On writing about security today
Citizens of western countries are too ready to take for granted the relatively
civilized political conditions they enjoy, forgetting that politics in most times
and places has been thoroughly predatory. Achieving a type of politics that
is less predatory, and geared to some conception of the public good, is not
easy under any circumstances, and may be impossible in the absence of
certain preconditions. One of these preconditions seems to be a collective
people, sustained by myths and capable of generating and monitoring polit-
ical power. (Canovan 2005: 138)
1
2 Prologue
11
During a recent visit to the books section of Amazon.com (16 May 2006) a
search under ‘war on terror’ unearthed no less than 1,177 items.
4 Prologue
on our part, to take a step back from the practical immediacies and
apparent security imperatives of the present in a bid to make better
sense of the former and scrutinize the claims made in respect of the
latter. It is as such, if one wishes to insist upon a disciplinary tag, an
exercise in applied social and political theory, by which we claim no
more than that it is an effort to think and write as coherently as we
are currently able about the practice of security and its relationship
to the practices of the state, in ways that are informed by relevant
research and reflection in criminology, the sociology of policing and
social control, political science, public law and international security
studies. We shall, in substantive terms, outline and defend the idea
that security – understood sociologically as a ‘thick’ public good – is
an indispensable constituent of any good society and argue that the
democratic state has a necessary and virtuous part to play in seeking
to realize the good of security thus conceived – in seeking, in the
words of our title, to civilize security and to release its civilizing
potential. This, we believe, is an argument that has application and
purchase not merely in ‘settled’ democratic societies with strong state
traditions, but also in those settings where authoritarian states rou-
tinely act in ways injurious to the liberty and security of their citizens
and in environments where ‘weak’ or ‘failed’ states lack the capacity
to act as a security-enhancing political authority. By way of conclu-
sion, we seek to extend and revise the argument still further by exam-
ining how best to conceptualize and promote security as a global
public good.
In making this case, we remain acutely aware that we are writing
about (and within), and in a modest bid to act upon, a world that is
deeply inhospitable to the democratic, egalitarian and solidaristic secu-
rity culture that it is our purpose to delineate and foster; one from
which, as John Dunn (1993: 122) has argued, ‘any reasonable and rel-
atively concrete social and political hope’ has been ‘deleted’. It is a
world in which the governments of liberal states increasingly accede to
populist, xenophobic demands in ways that undermine the democratic
liberties of their citizens. It is a world where neo-liberalism – and the
‘order of egoism’ that it champions (Dunn 2005: ch. 4) – has come to
be ascendant in ways that have enabled policing and security resources
to be captured by those with the greatest supply of economic and social
capital and thereby distributed in inverse relation to risk, and hence
need. It is a world replete with authoritarian regimes, and divided or
On writing about security today 5
O
u r argument in this book is that security is a valuable public
good, a constitutive ingredient of the good society, and that
the democratic state has a necessary and virtuous role to play
in the production of this good. The state, and in particular the forms
of public policing governed by it, is, we shall argue, indispensable to
the task of fostering and sustaining liveable political communities in
the contemporary world. It is, in the words of our title, pivotal to the
project of civilizing security.
By invoking this phrase we have in mind two ideas, both of which we
develop in the course of the book. The first, which is relatively familiar
if not uncontroversial, is that security needs civilizing. States – even those
that claim with some justification to be ‘liberal’ or ‘democratic’ – have a
capacity when self-consciously pursuing a condition called ‘security’ to
act in a fashion injurious to it. So too do non-state ‘security’ actors, a
point we return to below and throughout the book. They proceed in
ways that trample over the basic liberties of citizens; that forge security
for some groups while imposing illegitimate burdens of insecurity upon
others, or that extend the coercive reach of the state – and security dis-
course – over social and political life. As monopoly holders of the means
of legitimate physical and symbolic violence, modern states possess a
built-in, paradoxical tendency to undermine the very liberties and secu-
rity they are constituted to protect. Under conditions of fear, such as
obtain across many parts of the globe today, states and their police forces
are prone to deploying their power in precisely such uncivil, insecurity-
instilling ways. If the state is to perform the ordering and solidarity-
nourishing work that we argue is vital to the production of secure
political communities then it must, consequently, be connected to forms
of discursive contestation, democratic scrutiny and constitutional
control. The state is a great civilizing force, a necessary and virtuous
component of the good society. But if it is to take on this role, the state
must itself be civilized – made safe by and for democracy.
7
8 Uncivil security?
But our title also has another, less familiar meaning – the idea that
security is civilizing. Individuals who live, objectively or subjectively,
in a state of anxiety do not make good democratic citizens, as
European theorists reflecting upon the dark days of the 1930s and
1940s knew well (Neumann 1957). Fearful citizens tend to be inatten-
tive to, unconcerned about, even enthusiasts for, the erosion of basic
freedoms. They often lack openness or sympathy towards others, espe-
cially those they apprehend as posing a danger to them. They privilege
the known over the unknown, us over them, here over there. They
often retreat from public life, seeking refuge in private security ‘solu-
tions’ while at the same time screaming anxiously and angrily from the
sidelines for the firm hand of authority – for tough ‘security’ measures
against crime, or disorder, or terror. Prolonged episodes of violence, in
particular, can erode or destroy people’s will and capacity to exercise
political judgement and act in solidarity with others (Keane 2004:
122–3). Fear, in all these ways, is the breeding ground, as well as the
stock-in-trade, of authoritarian, uncivil government.
But there is more to it than that. Security is also civilizing in a further,
more positive sense. Security, we shall argue, is in a sociological sense
a ‘thick’ public good, one whose production has irreducibly social
dimensions, a good that helps to constitute the very idea of ‘public-
ness’. Security, in other words, is simultaneously the producer and
product of forms of trust and abstract solidarity between intimates and
strangers that are prerequisite to democratic political communities.
The state, moreover, performs vital cultural and ordering work in fash-
ioning the good of security conceived of in this sense. It can, under the
right conditions, create inclusive communities of practice and attach-
ment, while ensuring that these remain rights-regarding, diversity-
respecting entities. In a world where the state’s pre-eminence in
governing security is being questioned by private-sector interests, prac-
tices of local communal ordering and transnational policing networks,
the constitution of old- and new-fashioned forms of democratic polit-
ical authority is, we shall argue, indispensable to cultivating and sus-
taining the civilizing effects of security.
11
Our concern in this section is not principally with paradigms of scholarly enquiry
and exchange with all their characteristic caution and careful qualifications but,
much more, with the dispositions towards security that find expression in con-
temporary public and political discourse. The positions we discuss – those we
term the ‘security lobby’, the ‘liberty lobby’ and the ‘human security lobby’ – are
clearly more internally complex than the brief typifications which follow allow;
there are few ‘security lobbyists’, for instance, who do not make some room for
rights-based limitations, just as few civil libertarians fit the political caricature of
their opponents as complacent about the safety of their co-citizens. But what we
seek to capture here are the overarching orientations of each worldview, the
claims and contentions that their proponents instinctively ‘reach for’ and find
emotionally compelling, those which consequently tend to constitute the broad
contours of, and lines of division within, security politics today.
Uncivil security? 11
is, in short, conducive to the very violence that it purports to stamp out.
Security, consequently, is something that must either be curbed in the
name of liberty and human rights or, given its close police and military
associations, abandoned as a value altogether.
Let us briefly introduce two strands of this critical disposition. The
first – common to human rights movements across the globe – seeks to
constrain the power of security by questioning its imperatives, and
fencing in its demands, with an insistence on protecting or enhancing
the democratic freedoms and individual rights that security politics is
indifferent to, throws into a utilitarian calculus, chips away at, or sus-
pends. From this standpoint, habeas corpus, access to legal advice,
limits on detention and police interrogative powers, jury trials, rights of
appeal and the like are the expression and tools of a desire to preserve
a space for individual liberty in the face of the forceful demands of an
overweening state and global state system – whether in ‘normal’ or
‘exceptional’ times.2 A second stance – associated with those working
under the loose banner of ‘critical security studies’ (Krause and Williams
1997) – deepens and radicalizes the impulse and insights of the first.
This holds that security is irredeemably tainted by its police/military
parentage, and by its authoritarian desires for certainty. On this view,
security is a political technology that must ‘continue to produce images
12
An intriguing point of intersection between the ‘security’ and the ‘liberty’ lobbies
can be found in the idea of a ‘right to security’. This most often finds expression
today in the political vernacular of those who claim that an innocent, peaceable
majority have a forgotten right to live free of crime and violence – a right which
purports to trump those which protect law-breaking minorities (Loader forth-
coming a). But this ‘right’ has also long taken a juridical form – one that need not
carry the same resonance. Article 3 of the 1948 Universal Declaration of Human
Rights speaks, for instance, of the ‘right to life, liberty and security of the person’,
a formulation repeated in Article 5 of the European Convention of Human
Rights. In these cases, reflecting the anti-totalitarian impetus of the post-war
human rights charters, the security right in question is a highly limited one, iden-
tical to or basically continuous with the right to liberty against state interference
mentioned earlier in the same clause. However, as Liora Lazarus (forthcoming)
has highlighted, there are jurisdictions, notably South Africa, where a constitu-
tional right to security has recently assumed a more substantive form and one
more in keeping with the expansive political rhetoric mentioned above – as the
right ‘to be free from all forms of violence from either public or private sources’
(Article 12 (1) (c) of the South African Constitution) – and where it is has been
successfully litigated as such. In the more expansive political and legal formula-
tions of the right to security one cannot avoid thinking that rights talk and pro-
tections are being turned against the ‘liberty lobby’ in ways that seem likely to
increase the tendency of security to become pervasive.
14 Uncivil security?
of insecurity in order to retain its meaning’ (A. Burke 2002: 18) in ways
that make it, at a conceptual level, inimical to democratic politics; or
else it is a practice deeply tarred by its intimate empirical relation to the
formation and reproduction of state-centric interests and xenophobic,
anti-democratic political subjectivities and collective identities (R. B. J.
Walker 1997). The conclusion in either case is the same. Security, it is
claimed, has to be abandoned, the dual analytical and political task
being to unsettle and deconstruct security as a category so as to find
ways of thinking and acting beyond it (Dillon 1996; Aradau 2004).
There is much of value in this critique of uncivil security – a great
deal, in fact, which we are sympathetic towards. But these critical
stances also share certain lacunae. Each, in particular, expressly or
implicitly intimates that security – understood as being and feeling free
from the threat of physical harm – is a problem, a conservative sensi-
bility and project that is all too often hostile to the values and institu-
tional practices of democracy and liberty (Huysmans 2002). The result
is that each operates as a negative, oppositional force, one that evacu-
ates the terrain that the security lobby so effectively and affectively
occupies in favour of a stance that strives either to temper its worst
excesses, or to trash and banish the idea altogether – a stance that
appeals in part because so few others appear motivated to defend the
liberties which are being imperilled. There is, on this view, little or no
mileage in seeking to think in constructive terms about the good of
security and the kind of good that security is. There is little point in
fashioning a theory and praxis that explores the positive – democracy-
and liberty-enhancing – ways in which security and political commun-
ity may be coupled; in reflecting upon what it means, and might take,
to make security axiomatic to lived social relations. There can, in short,
be no politics of civilizing security.
Proponents of the third – ‘human’ or ‘social security’ – response share
with us both a desire to transcend this received security–liberty
dichotomy and, in their own way, an ambition to civilize security. On
this view, however, such a project requires that security be rescued from
a taken-for-granted association with the ‘threat, use and control of mil-
itary force’ (Walt 1991: 212), and extended to other domains of social
and political life (e.g. de Lint and Virta 2004).3 We can usefully highlight
13
Huysmans makes a useful distinction here between those critics of how security
language constitutes political identity and community that we have just discussed,
Uncivil security? 15
two variants of this position – one international, the other domestic. The
former takes its cue from the United Nations Human Development
Report 1994, which introduced, and sought to mobilize opinion behind,
the concept of ‘human security’, an idea which has subsequently been
taken up in further work conducted under the auspices of the United
Nations and the European Union (Commission on Human Security
2003; Barcelona Group 2004; cf. Paris 2001). It seeks to decouple secur-
ity from questions of war and peace and deploy it as a device aimed at
urging governments to treat as emergencies such chronic threats as
hunger, homelessness, disease and ecological degradation – the latter, for
instance, being described by the Commission on Global Governance
(1995: 83) as ‘the ultimate security threat’. The domestic version of the
argument draws from the insight that there is no policing or penal solu-
tion to the problem of order the conclusion that crime control – or harm
reduction – is ultimately a matter of, and dissolves into, questions of eco-
nomic and social policy more generally. This is a commonly held dispo-
sition within both sociological criminology and social democratic
politics, one which has in recent years informed a critique of situational
crime prevention, crime science and other forms of technocratic crime
control, and underpinned the promotion of multi-agency, social crime
prevention (Crawford 1997; Hope and Karstedt 2003). On this view,
security conceived of in a ‘shallow’ manner as freedom from physical
harm or threat is both inseparable from a more profound sense of
‘well-being’ or ‘ontological’ security and, therefore, also dependent
upon the broader institutions and services of social welfare (Fredman
forthcoming).
There is, once more, much to applaud in this attempt to extend the
meanings and application of the idea of security. It reminds us that
freedom from physical coercion is but a part of any rounded concep-
tion of human flourishing. And it pinpoints the limited and often
counter-productive role that security politics and policing institutions
play within this wider project. But there are difficulties with this attempt
to broaden and extend security. It too – like the liberty lobby – tends to
abandon the contest over how to render individuals and groups free
from the threat and fear of physical coercion – in this case by a hasty
whom he terms ‘framers’, and those who seek to extend the language of security
to other domains of public policy, whom he calls ‘wideners’ (Huysmans 2006:
ch. 2).
16 Uncivil security?
suggests . . . that we identify and articulate the higher ideal behind the more
or less debased practices, and then criticize these practices from the stand-
point of their own motivating ideal. In other words, instead of dismissing
this culture altogether, or just endorsing it as it is, we ought to attempt to
raise its practice by making more palpable to its participants what the ethic
they subscribe to really involves. (1991: 72)
14
We should make it clear at this point that our title is not intended to reference,
or to signal an explicit alignment with, the work of Norbert Elias on the ‘civil-
izing process’ (Elias 1939/1978, 1939/1982). Elias’s historical sociology of long-
term developments in the cultivation of manners, regulation of passionate drives
and the control of private violence clearly has some overlap with the argument
outlined here, as will become apparent. But the idea of civilizing security is, for
us, much more specifically about the practice of taming private violence by redi-
recting the passions that security and threats to it arouse into and through polit-
ical and legal institutions and regulating the violent potential of those public
institutions. Here our inspiration and debt lies rather more in Mahatma
Gandhi’s famous response to being asked what he thought of western civiliza-
tion. In replying that ‘it would be a good idea’, Gandhi supplied an immanent
critique of the claims of western governments to be ‘civilized’ coupled with the
thought that ‘civilization’ remains, for all the atrocities that have been carried
out in its name, a desirable and unfinished political project.
18 Uncivil security?
security scholars have rightly done, the idea of the individual as the
basic moral unit and referent of security – an idea that originates in the
political theory of modernity.5 That individuation of security necessar-
ily implies and so alerts us to the irreducibly subjective dimension of
security, an idea that led Montesquieu to opine that ‘political freedom
consists in security, or at least in the opinion one has of one’s security’
(cited in Rothschild 1995: 61; see also McSweeney 1998: ch. 1). This
in turn provides a cue for a second act of retrieval; namely, of the root
Latin meaning of securitas as freedom from concern, care or anxiety, a
state of self-assurance or well-founded confidence. What this recovered
cluster of meanings indicates is that security possesses subjective as well
as objective dimensions, and that in both dimensions the ‘surfaces’ of
physical security are intricately connected to the ‘depths’ of ontological
security. And it is this intimate link between security and generic ques-
tions of social connectedness and solidarity that elevates it above terms
like order, protection and safety as an orchestrating theme for our
enquiry. The sense that security is about the relationship individuals
have to the intimates and strangers they dwell among and the political
communities they dwell within, and that it may therefore be connected
in mutually supportive ways to the values and practices of ‘belonging’
and ‘critical freedom’ (Tully 2002), is what inspires our attempt to con-
struct an alternative theory and praxis of security.
15
This idea is developed in chapter 2 below.
Uncivil security? 19
• The policing and security institutions of the modern state (and their
attendant discourses) continue to expand their powers, resources
and technological reach, often in ways that cross territorial frontiers
and established political and legal categories. One can point here to
the recent reorganization of historically decentralized police systems
(such as Holland and Belgium) or to the formation, in Britain for
example, of new national police institutions such as the Serious and
Organized Crime Agency. And one can highlight the involvement,
since the end of the Cold War, of national security agencies in
matters of law enforcement with all that signifies in terms of a blur-
ring of the distinction between ‘internal’ and ‘external’ security. The
creation by the EU of a civilian (i.e. police) peacekeeping force to
manage crisis situations in conflict zones beyond EU borders points
in a similar direction. These trends, evident prior to 9/11, have accel-
erated and deepened as part of the ‘war on terror’ waged in response
to it. New state security agencies have been created, existing ones
have seen their powers and budgets swell. States of exception have
been declared and basic rights infringed or suspended. Forms of sur-
veillance against citizens at home and abroad have intensified, as
have intelligence gathering, exchange and cognate modes of cooper-
ation between states. In a further blurring of the increasingly lame
internal/external security divide, soldiers find themselves engaged in
policing activities (hunting wanted criminals, carrying out order
maintenance patrols in foreign cities), while the US and UK govern-
ments engage in ‘new imperial’ efforts to constitute administrations
(and public police forces) in client, quasi-sovereign states such as
Afghanistan and Iraq.
We will return to, and flesh out, these examples in the chapters that
follow. For the moment, all this brisk schematic overview serves to do is
to highlight the fact that state power is still very much with us. Far from
‘withering away’, as Marx prophesied, states around the world continue
to adorn their ‘shiny uniforms’ (Castells 1997: 303) and deploy powers
that can protect – but also imperil – the lives and liberties of citizens. But
these brief examples point also to some important reconfigurations of
public power. They indicate the emergence of multiple sites of rule both
inside and beyond nation states. Security inside states is divided between
national, regional and local agencies organized around new mentalities
of governance and new ‘extensions’ to and ‘couplings’ with non-state
bodies (Rigakos 2002: 42). Practices of transnational policing unfold in
22 Uncivil security?
These days, the main obstacle to social justice is not the invasive intentions
or proclivities of the state, but its growing impotence, aided and abetted
daily by the officially adopted ‘there is no alternative’ creed. I suppose that
the danger we will have to fight back in the coming century won’t be totali-
tarian coercion, the main preoccupation of the century just ended, but the
falling apart of ‘totalities’ capable of securing the autonomy of human
society. (Bauman and Tester 2001: 139)
for new and imaginative thinking both about ‘forms of effective polit-
ical regulation and democratic accountability’ (Held and McGrew 2002:
122) fit for the altered conditions we find ourselves in today, and about
the sorts of political community that such institutional arrangements
can help to generate and sustain. It is in seeking to advance such think-
ing that we defend the idea that security is, sociologically speaking, a
‘thick’ public good and argue for the necessary virtue of the democratic
state in the production of security thus conceived.
(Bayley and Shearing 1996: 585), one in which suspicion towards the
state is a deep-seated and long-standing cultural sensibility capable of
finding articulation across the political spectrum – by conservatives,
liberals, socialists and feminists alike.6 Aside from the general struc-
turing effect of this secular disposition, we should recall, secondly, that
the sociology of policing was forged in the cauldron of political and
social upheaval that marked the 1960s and 1970s. Against the back-
drop of student rebellion, anti-Vietnam protest and industrial strife,
the state – and its coercive ‘front line’, the police – appeared to be in
the illegitimate business of upholding an unjust political order by vio-
lently suppressing protest, and a bankrupt moral order in ways that
radically failed to ‘appreciate’ and served only to ‘amplify’ deviance
(J. Young 1971). As one commentator wryly put it at the time: ‘Cops
are conventional people . . . All a cop can swing in a milieu of mari-
juana smokers, inter-racial dates and homosexuals is the night stick’
(Brooks 1965, cited in Skolnick 1966: 61). This was closely interwo-
ven, thirdly, with a prevailing intellectual climate in social science
(loosely organized in this field around organizations such as the
European Group for the Study of Deviance and Social Control) that
was in revolt against the discipline and conformity that the state – even,
perniciously, the welfare state – was striving to inculcate and enforce.
It was a climate in which (police) sociologists ‘took sides’ (Becker
1967) on behalf of the protestor, the deviant, the poor – in other words,
the ‘underdog’ – against the overweening power and authority wielded
by the state. The state was, in short, a large part of ‘the problem’.
The social analysis of policing and security has, for reasons pertain-
ing to its conditions of emergence, tended to be organized around the
domain assumption that the state’s monopoly of legitimate violence –
its capacity, as it were, to act as a bully – lies at the core of the ‘problem
of the state’. The analytical and research task has thus focused on the –
essentially liberal – project of uncovering and constraining the mul-
tiple ways in which this bullying tendency manifests itself. Hence the
research agenda over the last three decades has been structured around
questions of police power and violence; the abuses of police discretion;
the ways in which ‘police culture’ subverts efforts to control police
work; the rise of paramilitary policing; and discrimination against
16
The reasons for this deep-rooted sceptical sensibility are discussed at length in
chapter 2.
Uncivil security? 29
minority groups both inside and outside the police. Hence also promi-
nence has been given to questions of accountability – whether in terms
of seeking effective redress for individuals who have suffered at the
hands of the police, or controlling the power of chief officers to deter-
mine – undemocratically – the shape and direction of law-enforcement
policy.
These are not trifling matters. Nor, for the reasons we have already
stated, have they ceased to be pressing or pertinent. Far from it. But a
state-sceptical habitus that addresses itself only or mainly to these
issues cannot serve us well – either sociologically or normatively – in
seeking to address the security question today. Sociologically, it
remains insufficiently attuned to the ways in which power is being
reconfigured within and between states, on the one hand, and flowing
away from states, on the other, as well as to the new forms of insecu-
rity that these transformations instil. Normatively, it cannot address
itself fully to the ways in which the state remains an inescapable part
of the ‘solution’ to this predicament, a vital means of generating and
sustaining the ‘public interest’ over matters of policing and security in
a market society whose neo-liberal champions triumphantly proclaim
that no such thing exists (cf. Marquand 2004). Yet state scepticism
remains a pervasive, deep-seated sentiment, inside and outside policing
and security studies, on the right, left and centre of the political spec-
trum. The project of civilizing security needs to navigate a path
through and beyond it.
In part II, we develop this more positive case, which factors in, and
seeks to alleviate or remedy, the dangers that each variant of state scep-
ticism alerts us to, while nonetheless maintaining that the state’s place
in producing the public good of security is both necessary and virtuous.
The key to this, we argue in chapter 6, lies in developing a more
rounded conception of security as a ‘thick’ public good. Such a con-
ception contains three elements. It posits – relatively uncontroversially –
that security offers a necessary platform for the production of other
social goods, but contends further that this instrumental dimension is
symbiotically related to a recognition, first, that security has irreducibly
social dimensions and, second, that it serves to constitute the notion of
‘publicness’ that remains, or so we contend, a key component of the
good society. In chapter 7, we specify in more detail the kinds of cul-
tural and ordering work that the state, or some functional equivalent to
it, is alone or best placed to perform in producing the good of security
thus conceived and argue that this translates into what we term an
anchored pluralism. We then, in chapter 8, explore the pathologies of
modern security that today give rise to security practices in which the
vices rather than the virtues of the state tradition are in evidence, before
spelling out – in terms of a set of institutional principles – how a poli-
tics of anchored pluralism may break the vicious circles that render
security pervasive and contribute, instead, towards creating the pre-
conditions for it becoming more axiomatic. Finally, in chapter 9, we
extend our argument to the international and transnational arena, and
consider what it may mean and take to configure security as a global
public good.
pa rt i
On state scepticism
T
h e image of the meddler – of the state as prone to interfere in
matters that are none of its business and to do so to the detri-
ment of those whose business these matters are – is an apt place
to begin our enquiry into the various modes of state scepticism and the
cumulative critique of state policing they provide. This is so because
the meddling metaphor can be taken as foundational in three distinct
though interrelated senses. First, it is foundational in a historical sense.
As we shall see, and as is important to our overall argument, the origins
of the modern state and its coercive power are inextricably bound up
with the origins of critical thinking about the modern state and its coer-
cive power. The development of the modern state is closely linked to
the secularization of authority, and in that very process of seculariza-
tion we see both the intensification of the burden of justification of
political rule and the emergence of new forms of such justification. In
particular, one important new species of political justification, includ-
ing the justification of the policing function of the modern state,
comprised those normative schemes which saw legitimate rule as con-
ditional upon and limited by the interests of those individuals over
whom such rule came to be exercised – and which therefore contained
a strong sense of the illegitimate potential of the state form if, where
and when it did not respect these individual-centred limits.
Secondly, the meddling metaphor remains sociologically founda-
tional. Far from being eclipsed by later developments, the broadest ver-
nacular of state scepticism and state police scepticism remains tied up
with the perils and pitfalls of meddling. This fear of meddling comes
in two forms. On the one hand, the fear that the state and its police
will overreach themselves and prevent or curtail the exercise of funda-
mental liberties – the classic negative freedoms of physical integrity,
freedom from arbitrary arrest, freedom of movement, speech, assem-
bly and conscience, personal privacy, etc. – is as resonant within polit-
ical discourse today as it ever has been, and provides a critical premise
35
36 On state scepticism
properties of the state or of its various subspecies are, or about the con-
ditions and periodization of its (or their) development and decline. If
we feed into the other side of the equation the observation that the con-
cepts of policing and security present similar conceptual minefields, the
difficulties in explicating some foundational connection between state
and policing become profound.
Fortunately, however, our focus of analysis is sufficiently sharply
defined to permit us to cordon off some of the more treacherous sec-
tions of this conceptual minefield. There are two elements to this defi-
nitional refinement, the second of which we shall introduce a little later.
First, and most generally, our enquiry is temporally limited. What we
are concerned with in essence is the history of modernity, and in par-
ticular the legacy, if any, formed by developments in a certain phase of
state-security relations which remain recognizably continuous with
present conditions. This immediately narrows our perspective to the
very gradual and uneven development of the modern state from the six-
teenth century onwards (Finer 1997: 1261). It allows us to concentrate
on the kind of capsule the emerging state provided for the development
of new security mentalities and policing forms (and for the criticism of
these mentalities and forms), including the new specialized institution
of professional police forces which emerged in European cities as
diverse as Paris, St Petersburg, Berlin, Vienna and Dublin as early as
the seventeenth and eighteenth centuries (Emsley 1996: 45) and which,
in a more intense phase of development of the ‘new police’, were then
consolidated at national level across Europe and the United States in
the first half of the nineteenth century.
Even if we may legitimately confine ourselves to the history of moder-
nity, however, it of course remains the case that different conceptions of
the modern state and of modern policing stress different emergent trends
and constituent properties. Some, notably in the Marxian tradition,
stress economic motivations as paramount, while others, often influ-
enced by Weber, give top billing to changing modalities of political
power and the institutional forms that these take. Others still, such as J.
G. Pocock, Quentin Skinner and other exponents of the contemporary
‘Cambridge School’, concentrate on the power of ideas and of language
as a carrier of ideas. Certainly, there may be particular contexts in which
it is possible and important to discern that one type of cause was primary
or catalytic. But where we are instead dealing with general trends which
are expansive across time and place – where we are concerned both with
38 On state scepticism
the longue durée of historical change and with a pattern of change which
unfolds across quite different societal contexts – too insistent a search
for causal primacy seems both methodologically vexed, and, more
importantly, simply inadequate to the complexity of human affairs. As
Charles Taylor, himself often associated with the Cambridge School, has
remarked, ‘[t]he only general rule in history is that there is no general
rule identifying one order of motivation as always the driving force’
(2004: 33).1
This thesis of multiple and mutual causality is vital to our under-
standing of the dynamics and future possibilities of policing and secur-
ity as thick public goods, as we shall see in part II of the book. But for
now we are interested in how it helps to account for the formative role
of the meddling metaphor in the emergence of the state and state polic-
ing. In that regard, mindful of the importance of avoiding the mistakes
of excessive idealism, excessive materialism or excessive institutional-
ism, we may follow the example of Robert Cox (1987) in conceiving
of the modern state as a variegated but internally coherent structure
made up of all three properties – ideas, material capabilities and insti-
tutional forms. The ideational component revolves around the twin
concepts of nationhood and citizenship. Nationhood involves the idea
of a cohesive community of sentiment and attachment based on lin-
guistic, cultural and historical bonds. Citizenship denotes membership
of a political community – understood as a self-standing entity to
which obligations are owed and from which rights are derived rather
than as an instrument of dynastic power and/or divine will. The mate-
rial component implies a relatively segregated and integrated national
economy, one whose division of labour within an emergent capitalist
model of mass technologically assisted production by formally ‘free’
11
This should not be seen as a lazy retreat from hard historiographical graft or as
a failure of normative nerve. Rather, it amounts to a simple recognition that
ideas always come wrapped up in practices which they both complement and
help to shape, that these practices are also influenced by and pursuant to mate-
rial needs and interests, and that, additionally, these practices are constrained
and enabled by institutional forms which are themselves both independently
causally significant and reflective of prior norms and interests. In other words,
where we are concerned with long-term transformation on a wide scale – even
more so on a trans-societal scale – rather than the contingent balance of causal
forces at play in the unfolding of a discrete local episode, then we just cannot
escape the explanatory ‘levelling effect’ of the intricate and deeply recursive
mutual causality of ideas, needs and interests and institutional forms.
The state as meddler 39
Does this choice, however, not immediately fall foul of our own
methodological stricture to be ecumenical in the consideration of
causes? It does not, for the simple reason that as we are primarily con-
cerned with the critique of the modern state and its police – and in the
first place with the meddling critique – our discussion must be centred
in the realm of ideas, and in particular on how the meddling critique
connects with and emerges from the novel ideas which contributed to
and became embedded in the foundations of the modern state. In any
event, as demonstrated above, the analytical division between the dif-
ferent dimensions is only analytical – a heuristic device for teasing out
complexity – and, as we shall see, in invoking the core founding ideas
we also necessarily refer to institutional context and material interest.
Historical foundations
A common, and for us particularly apt, place to start a discussion on
the founding ideas of the modern state is with the seventeenth-century
political philosopher Thomas Hobbes, and in particular his classic
work Leviathan (Hobbes 1946). Written against the backdrop of the
English Civil War, Leviathan is of central interest to any enquiry into
the relationship between the modern state and security for two reasons,
one very obvious and the other rather less so. The obvious reason con-
cerns Hobbes’s substantive political theory and in particular his brand
of social contractarianism. For Hobbes, famously, the Civil War which
he lived through was no mere pathological episode, but provided a
vivid and chastening illustration of man’s natural condition. All men
were created free and equal, but were also prey to their base instincts
and selfish motives, and, consequently, if left to their own devices in
the state of nature, became embroiled in a war of all against all. Yet it
was this pre-political state of nature, however unpalatable, which pro-
vided both the normative thrust and the strategic rationale for the form
the polity should take. Natural freedom and equality meant that only
by the active consent and compact of the subjects of these natural enti-
tlements could they be renounced and transferred to another entity.
The selfish and predatory aspects of human nature meant that the only
terms on which such a renunciation would be considered by the con-
tractors as being in accord with their rational self-interest were those
which protected all against the instincts of all, promising peace and
removing or containing the most basic instinctual fear – the fear of
The state as meddler 41
For Taylor, as noted above, the most important and most deeply
rooted part of the social imaginary is its normative dimension, or what
he calls its ‘moral order’ (2004: ch. 1). The moral order of modernity
is axiomatically a secular and progressive order in which political
society is understood as established for the mutual benefit of its
members. It thus marks a rejection of a previously dominant concep-
tion of hierarchy in which moral agency depended upon its being
embedded in a larger social whole – one which is located in a sacral-
ized domain of ‘higher time’ (2004: 158) and whose very nature is to
exhibit the hierarchical complementarity which is the proper order of
all things.3 As in pre-modern orders, the individuals of modernity
remain social beings, unable to function in moral isolation. Yet unlike
pre-modern orders, modern political society is one which these indi-
viduals make for their own ends. It is based upon some pre-political
conception of what these individual ends might be, rather than an over-
arching cosmic scheme which defines and locates these individuals in
its own terms. The primacy accorded to individuals acting in and upon
secular time as authors of political society, rather than to the reifica-
tion of that society in a zone of higher time, in turn encourages the
understanding that, as with Hobbes and other contractarians, the basic
script of that society should reflect its human progeny and emphasize
the mundane needs of individual life and their coordinated pursuit. It
should concentrate on those capacities which are necessary to produce
and reproduce the existence of individuals as free agents – in particu-
lar prosperity and, of course, security itself. Freedom, as a prerequisite
of individual agency, and disciplined action, as the means by which this
freedom is harnessed to the pursuit of that mutual benefit which is the
justifying telos of such an instrumental view of political society, thus
emerge as the twin political imperatives of this new moral order. And
13
The model of sacrality here could of course be that of the great transcendental
monotheistic religions – Christianity, Judaism and Islam. However, it is just as
consistent with a Platonic–Aristotelian conception of cosmic order, in which
society necessarily corresponds to certain basic Forms and a certain irreducible
order of things. Indeed, as Taylor argues in his discussion of the ‘great disem-
bedding’ of modernity, the great post-axial religions are much more ambigu-
ously placed in relation to modernity than neo-Platonic philosophy. For by
continuing to affirm a higher cosmology they call into question the correspon-
dence between this ideal order and the actually existing social order – so opening
up the possibility and desirability of one of the key assumptions of modernity,
namely the conscious remaking of political society (C. Taylor 2004: ch. 4).
46 On state scepticism
Sociological foundations
How has the fear of meddling in the affairs of sovereign individuals, so
closely implicated in foundational thinking about the state, insinuated
itself into debates about the scope and legitimacy of state policing? As
noted earlier, that insinuation has taken two forms. In the first place,
and most obviously, policing has always been a special target of those
fears and criticisms which see the Hobbesian impulse of the state to
protect the security of the individual as a standing threat to all of his or
her other ‘natural’ freedoms – personal liberty, movement, speech, con-
science and privacy – as well as to the very bodily safety the Leviathan
is contracted to ensure. The fear, then, has both a narrow and a broader
dimension. Narrowly, the state which adopts its own dedicated police
force may be or become a self-defeating construct – or, less charitably,
a purely self-serving construct in terms even of the core Hobbesian aim,
threatening to generate more insecurity than it provides security. More
broadly, to the extent that state policing may be successful or at least
not a manifest failure in this narrowest sense, the trade-off in terms of
the loss of other basic liberties may still be excessive. In the second
place, the establishment of a public police force, as one manifestation
of the state’s broader propensity to interfere, threatens to curtail or
remove the possibility of individuals exercising their joint and several
‘natural’ freedom(s) to make their own security arrangements. Let us
now briefly examine in turn the form that these concerns have trad-
itionally taken in the history of modern policing, and certain contem-
porary manifestations of these concerns. In so doing, we seek to
acknowledge both the resilient strength and importance of these cri-
tiques and to indicate their equally resilient limitations.
Insecure liberties
Given its core emphasis upon the importance of protecting or con-
structing a sphere in which individuals can act without interference in
ways that reflect their understanding of what gives meaning and value
to their lives, liberalism is a political philosophy which resonates closely
with the ‘agency’ dimension of the modern social imaginary. So much
so, in fact, that we best understand the role of liberalism in modern
political culture not as a comprehensive descriptor of how particular
societies operate or even as a general theory or model of a just society,
52 On state scepticism
14
According to Michael Freeden (1996: part II), liberalism is in fact the ‘dominant
ideology’ of modernity, if ideology is understood as ‘those systems of political
thinking, loose or rigid, deliberate or unintended, through which individuals or
groups construct an understanding of the political world they, or those who pre-
occupy their thoughts, inhabit, and then act on that understanding’ (1996: 3).
Freeden is concerned, with this definition, to distinguish liberalism as ideology
from liberalism as political theory or philosophy, stressing its instantiation in the
‘thought-behaviour’ (1996: 2) of individuals and groups seeking to understand
and/or shape the social world in which they are implicated rather than its status
as a relatively disengaged body of imaginative speculation or creation. Note,
however, that if, on the one hand, ‘ideology’ is more grounded than ‘theory’,
then, on the other, it nevertheless remains less fundamental than and is parasitic
upon the underlying ‘social imaginary’. Ideology draws upon and contributes to
a discursively realized body of thinking, while the social imaginary represents
the deeply engrained set of common assumptions about the social world that
makes theory and ideology possible.
The state as meddler 53
15
Historians of political ideas typically date the evolution of liberalism back to
Locke, even though awareness of liberalism as an ideological tradition is subse-
quent to the political employment of the term from the 1830s onwards, and even
John Stuart Mill, considered by many as the prime exponent of nineteenth-century
liberalism, did not actually describe his own writings as elaborating a set of polit-
ical beliefs called liberalism. Nevertheless, even though liberalism as a full-blown
ideology is indeed a product of the nineteenth century, a basic continuity of
concern and commitment – of diagnosis and prescription – justifies the location
of the roots of modern liberalism in the earlier tradition (Freeden 1996: 139–44).
54 On state scepticism
Yet there can be no easy route to reconciliation within the liberal sen-
sibility. Security may be the precondition of that liberty which is nec-
essary to discover and pursue what gives meaning and value to an
individual life, and the pursuit of security may only be justifiable if it
promises such a freedom dividend. But this close conceptual interde-
pendence does not mean that trade-offs between security and liberty
can be avoided. Both security and liberty are relational concepts. More
security typically implies less of something else, and that something else
is often one or other of our cherished freedoms. Equally, more liberty
typically implies a reduction in something else, and that something else
may be our capacity to provide security. As we shall see in due course,
the modern state has at its disposal certain institutional devices which
seek to provide a measure of practical reconciliation of liberty and
security, and these may help to deflect or temper concern about the
proper relationship between the two concepts, not least by providing
deliberative fora within which the question may be aired. But for now
let us pursue further the more basic conceptual abeyance at the heart
of liberalism, and how the failure adequately to fill this vacuum feeds
anxiety about the spread of police power.
As an attempt to square the conceptual circle, the idea of ‘balance’ has
for long been prevalent in legal and political discussions over the recon-
ciliation of security and liberty, the resort both of liberals determined to
hold or restore the line of individual liberty and of those seeking to
justify the latest qualification of that liberty in the name of enhanced
security (Waldron 2003a; Loader forthcoming a). Balance implies the
existence of values which, when mutually implicated, tend to pull in
opposite directions; where the optimal solution – the striking of the
appropriate balance – may involve a sacrifice of some dimension of one
or other value. But balance between these competing goods, for all that
it may be the predictable conceptual terminus of liberty’s equivocation
over security – of that concern with the secular reconciliation of collec-
tive discipline and individual freedom which is the deep puzzle of the
modern social imaginary – can never be a comfortable metaphor for the
liberal, for two reasons. First, and more specifically, liberals tend to be
deeply uneasy about the invocation of consequential reasons for the
erosion of liberties (Waldron 2003a: 194). Our most fundamental free-
doms, whether of expression, assembly or liberty of the person, are con-
sidered too precious simply to be weighed on a social scale against
competing goods and diminished in proportion to the intensity of the
The state as meddler 55
claims made on behalf of these competing goods. If, as the liberal would
argue, there are compelling reasons flowing from respect for the indi-
vidual for maintaining that people be free from the fear or prospect of
arbitrary arrest and detention, then a mere circumstantial increase in the
security risk of maintaining that freedom – whether, to take two famil-
iar contemporary cases, the circumstance in question be the hosting of
a high-level international summit attended by controversial political
figures or a local wave of terrorist attacks – cannot be enough in itself
to dispose of these compelling reasons. The language may be that of
Nozickian ‘side-constraints’ or Dworkinian ‘rights as trumps’ or the
Rawlsian ‘lexical priority’ of basic rights, but the moral instinct of the
liberal is typically to give some special status (even if not an absolute pri-
ority) to the protection of basic liberties, which means that they cannot
simply be traded away for other social gains. The idea of balance cannot
easily acknowledge that special status. Rather, it implies the existence of
a single metric for the weighing of all social goods, and as such sits far
more comfortably with that genus of political thought which is liberal-
ism’s great partner and rival within the cadre of individual-centred
modern political ideology: namely, utilitarianism.
This highlights the second, and more general, source of liberal unease
with the idea of balance. Not only is balancing unable to accord special
priority to core rights, but it lacks any clear, consistent and uncontro-
versial meta-rule or formula for resolving disputes between different
values. The idea of a single metric for assessing social benefits turns out,
on closer examination, to operate as an exclusionary device. It suggests,
negatively, that no species of value can be exempt from the general
weighing of values, but does not specify, positively, how that compre-
hensive weighing is to take place. As the history of utilitarian thought
from Bentham onwards indicates, how we calculate a unit of the good
and how we reduce different goods to a single scale is itself a deeply
uncertain and contested exercise, one finally dependent upon a privileg-
ing of one of many rival general registers of value (aggregate happiness,
aggregate welfare, minimum aggregate infringement upon or frustration
of individual interests, etc.), all of which are both controversial in con-
ception and notoriously unclear in application. Balancing, in short,
promises a false objectivity and suggests an artificial precision in our
attempts to devise just institutional arrangements and answer liberal
concerns. Behind its cover of careful calibration of diverse interests and
preferences, balancing is actually peculiarly lacking in certainty and
56 On state scepticism
rigour. Once liberty is fed into the utilitarian calculus, what comes out
the other end is a matter of deep uncertainty and disputation. Whenever
and wherever a new assault on liberal sensibilities is apprehended, and
in the contemporary new global climate of unease following 9/11 the
sheer pervasiveness of that sense of assault is perhaps unprecedented, the
mantra of balance is unfailingly invoked in the law courts, in political
debate, in public commentary and in the vigilant critique of civil
society’s state-watchers. But it is difficult to avoid the impression that it
is a mantra often invoked either by critics of liberalism in complacent or
cynical disregard of its historical inability to set absolute or proportional
limits upon the encroachment of liberty, or, if by liberals themselves,
merely for want of any more compelling formula for holding the line.
Whether rooted in cynicism, complacency, or fragile hope, what is
certain is that the idea of balance can provide no guarantee against
certain structural tendencies deeply inscribed in the social foundations
of policing and security, which brings us to the second – and objective –
element within the liberalism of fear. These structural tendencies, as we
shall see, have been significantly sharpened and intensified with the
development of the modern state and its dedicated policing capacity. Yet
if we fail to appreciate their pre-modern roots, we cannot fully compre-
hend the depth and resilience of their substantiation of liberal anxieties.
So whereas in the previous section we stressed the discontinuity of the
modern social imaginary in order to appreciate the novelty of a certain
critical modern understanding of the political, here, by contrast, it is
important to stress the continuity and the accumulation of the social
forces which makes modern police power so formidable.
In a powerful recent study, Marcus Dirk Dubber (2004, 2005) has
traced the roots of the police idea to Greek and Roman ideas of house-
hold governance. In the original Athenian distinction, while politics was
a matter of self-government by equals – or, rather, by the equally privi-
leged – in the public domain, economics was seen as the art of govern-
ment by these privileged public actors of their private household for the
common good of the whole family.6 This idea of a private domain of
patriarchal governance underwriting a narrow sphere of public citizen-
ship was carried forward in the Roman law notion of the paterfamilias
16
The distinction between economics and politics closely mirrored the distinction
in classical Greek between two dimensions of life – zoe, or natural life, and bios,
or politically qualified life (see Agamben 1998).
The state as meddler 57
exercising plenary power over the familia. So far, so familiar, but the
innovative aspect of Dubber’s genealogy lies in his linking of these clas-
sical traces to medieval and early modern conceptions of police science,
and to the idea of the king or the ruling elite as the head of a larger and
secondary unit of governance:
But how did this merger take place? Dubber seeks to answer this ques-
tion through a mix of discursive analysis and assessment of the devel-
oping jurisdictional scope and depth of police power. Discursively, the
image of the household, and the sovereign as head of a second-order
‘public’ household and so responsible for its social and economic well-
being, is prominent in many of the foundational tracts of modern polic-
ing. It can be located in the general works of Rousseau and the Scottish
Enlightenment thinkers, and also in the more focused works of key
figures in the anglophone police tradition such as Blackstone writing
in the middle of the eighteenth century and Patrick Colquhoun fifty
years later. Further, all of these writers, as well as acknowledging the
relevant classical roots, were explicitly influenced by (and exercised a
reciprocal influence upon) the contemporary continental method of
police science (Polizeiwissenschaft), which in turn drew upon an earlier
French and German tradition of police laws, police regulations, police
ordinances and, in due course, police officials dating from the fifteenth
century (Knemeyer 1980). The commonalities across this body of
thought are striking, and three themes in particular can be drawn out
(Dubber 2004).
First, and most obviously, there is an idea of strict hierarchy, mirror-
ing the categorical distinction between householder and household.
Secondly, there is the ‘defining undefinability’ of police power. Indeed, in
continental police science, reflecting the common etymological roots of
police7 and polis, police power was regarded as the root and rationale of
17
The modern term police has French origins and from these origins was received
into usage in the two other early major European ‘policing’ traditions – the
German and the Anglo-Scottish.
58 On state scepticism
18
This represents a paradox of police governance to join the more basic paradox
of state policing as a potential threat to the very security it promises to deliver.
This more specific paradox of police governance inheres in the fact that the
national and local state is both an influential source of regulatory control over
the police and, as one of the main beneficiaries of the police’s ordering capacity,
part of the problem that regulation seeks to address (N. Walker 2000: 4–6,
54–67).
64 On state scepticism
continental police science and the dirigiste state tradition which com-
plemented it. The Anglo-American model, for its part, tends to be more
localist and populist – particularly in the United States where the
republican and federal origins favoured local self-government. In
neither case, however, can institutional design remotely be considered
a liberal panacea. In the continental system, the fear of meddling is the
fear of intrusion by an aloof, unaccountable and politically interested
central authority. In the Anglo-American environment, recent central-
izing tendencies have stoked similar fears, but a more long-standing
liberal concern is with the interlocking of police with local political
elites, and the partial and uneven intrusion in the lives of different local
populations this threatens.
The liberalism of fear, then, retains a widespread resonance within
the state tradition. One of the paradoxes of globalization, moreover,
particularly in the light of 9/11, is that concern with the oldest of state
monopolies, as well as the state behaviour which gives rise to this
concern, is communicated more and more effectively transnationally.
As we shall see in later chapters, cross-border policing is also a bur-
geoning activity, and it gives rise to its own set of anxieties. But prob-
ably the primary impact of global interconnectedness on policing
remains the way in which the experience of elsewhere corroborates and
amplifies well-established intra-state forms of relations between police
and population and their attendant anxieties. Police meddling and its
fear, as we have tried to argue, is the original sin of the modern state
security tradition, the inevitable upshot of the founding tension
between individual freedom and collective discipline. Modern state
formations may be deeply diverse in structure and dominant ideology,
but we continue to recognize in them all, as they recognize in each
other, that common resilient tension.
Liberating security
Let us now deal more briefly with the second element of the meddling
concern – the desire to liberate security provision from the clutches
of the state. In recent years, we have seen a revival of interest in non-
state forms of policing provision (see, e.g., Jones and Newburn 1998,
2006; Johnston and Shearing 2003; Mazerolle and Ransley 2006) –
a revival which has had repercussions for our historical understand-
ing of the stages of police development and which has also fed into a
The state as meddler 65
19
Perhaps the contemporary thinker who most obviously bridges the two sides of
the meddling critique is the libertarian Robert Nozick, who begins his opus
Anarchy, State and Utopia with the arresting proposition that ‘Individuals have
rights, and there are things no person or group may do to them (without violat-
ing their rights)’ (1974: ix). Unlike many liberals, Nozick rejects the social con-
tract as an artifice which, lacking empirical credentials, is in danger of allowing
all sorts of metaphysical assumptions about the source and proper trajectory of
the good favoured by the author to contaminate the foundations of the state.
Instead, starting from a strong premise of self-ownership (including ownership
of property acquired from the exploitation of individual talents), he prefers to
draw upon the classical economist Adam Smith’s famous device of the ‘invisible
hand’ to explain the emergence of the state from the destructive and unstable
contest between ‘protective associations’ that the state of nature is assumed to
generate. The resultant entity is only, however, legitimate in its minimal form,
enforcing criminal law, punishing transgressors and prohibiting acts of ‘self-
exemption’ (Holmes 1995: 27), as well as providing the stable legal framework
necessary for market exchange. Any further extension of the redistributive or
other regulatory functions of the state involves immoral acts of coercion – at
worst the coerced removal of one individual’s legitimate holdings in order to
improve the lot of another and at best the forcible extinction of choice as to how
to protect and exploit what is one’s own (Nozick 1974: part II). Such a libertar-
ian perspective is equally suspicious of the two aspects of meddling – both arbi-
trary encroachment on citizens’ person and property and frustration of their
desire to do as they wish with their person and property.
The state as meddler 67
10
There are some ‘anarcho-capitalists’ – such as Murray Rothbard (1985) and
Bruce Benson (1990) – who cut through the arguments about the necessary
minimal role of the state offered by social contract theorists and by libertarians
such as Nozick (1974), as well as by public choice theorists, arguing that the
state – and its law enforcement functions – can be dispensed with altogether and
replaced by ‘a fully privatized enterprise of law’ (Benson 1990: 357). For a fuller
discussion, see Loader (1997a).
68 On state scepticism
internal security, and even here it is rightly concerned with the blunt-
ness and fragility of such protective instruments.
It should, of course, come as no surprise that much of the meddling
critique commands widespread sympathy. As we have sought to argue,
the secular and individualist tendencies of the modern social imaginary
which underscore both the promise of the modern state and the
concern with coercive state interference have permeated across all of
contemporary thought, exposing tensions which it is literally unimag-
inable to dismiss. Yet this does not mean that the meddling critique
should be accepted uncritically, or that it has closed off all avenues for
alternative diagnosis and prognosis. Rather, the more expansive con-
ception of the state-security nexus we want to defend in this book must
also identify and address, and seek to transcend, certain shortcomings
exhibited in the meddling mindset, and particularly in the more
extreme neo-liberal/libertarian variants of this brand of scepticism
towards the state. Let us briefly highlight three.
The first concerns the preconditions that are required to create and
sustain limited, constitutional, rights-regarding states. There is, as
Margaret Canovan (1996: 38) points out, a tendency in classical liberal
theory to assume ‘that any fool can establish a nightwatchman state’
and a corresponding disregard for the forms of trust and solidarity
between strangers that provide the cultural conditions of possibility for
the minimal, rule-governed state that liberals find acceptable. But
surely such states require citizens to care about, and be prepared to do
something about, abuses of police power or, more broadly, to identify
with belonging to a polity in which the police are held to account and
the rights of all equally guaranteed? This, of course, raises some thorny
matters pertaining to the affective dimensions of social and political life
(to which we return in part II), issues that neo-liberal and libertarian
writers have tended to steer well clear of. They have remained too pre-
occupied with the (problem of the) state and the threat it poses to indi-
vidual freedom, and insufficiently attentive to the trust-building
functions of political community upon which the liberty and security
of citizens depend.
A second and related issue concerns the forms of individual security
seeking that neo-liberalism is eager to promote (or at least prevent the
state from preventing), and the conception of security upon which
these rely. This conception, in using a pre-social state of nature as its
reference point, is atomistic and unrelational. This has both conceptual
70 On state scepticism
are invested and reap their dividend. The state may contain certain
ineradicable tensions, but if the only response is ‘as little as possible’,
then that is to concede too much to the fears, with nothing to put in its
place except other and more partial forms of the regulation (or dereg-
ulation) of secular affairs. The state is not the pathological message of
modernity, but merely its (unavoidable) messenger, and, here as else-
where, shooting the messenger can be no answer. Against this back-
drop, neo-liberal and libertarian forms of state scepticism seem simply
to be ‘barking up the wrong tree’ (Bauman and Tester 2001: 137). As
Zygmunt Bauman says: ‘Too much of the state is a catastrophe, but so
is too little’ (2001: 137).
Conceptual foundations
It should hopefully be obvious by now why we have started with the
meddling critique, and why we must keep it constantly in mind while
exploring the other brands of state scepticism. The meddling critique
is inextricably bound up with the very idea of the modern state – with
both its historical foundations and its social development – and we can
and should no more dismiss it than we can or should seek to eradicate
the state itself. The partisan, culturally imperial or idiot state – the
respective subjects of the following three chapters – is always first and
foremost a meddling state. Without the capacity and propensity to
meddle, to act against the basic liberty and security interests of those
whom it is supposed to serve, the state could not engage in these other
pathologies; and, conversely, where or to the extent that it is innocent
of these other pathologies, the meddling concern remains a live and
pervasive one.
Yet it is not only the strength of the meddling critique but also its
shortcomings which provide a bridge to later sections of the book. If
the modern social imaginary lies at the source not only of the state, but
also of the very notion of immanent political critique and the master
ideology of liberalism, then we might expect the framework concerns
of this mindset to surface again in our tour of state scepticism, and so
should remain alert to the limitations of that mindset. We should be
wary of the preoccupation with the atomized individual, and of the
limits and dangers of the conceptual opposition of individuality and
sociality. Most of all, we should be wary of any tendency to view the
state as at best a necessary and at worst an expendable evil, rather than
72 On state scepticism
simply as the site within which the tensions of the modern social imag-
inary are inevitably played out – for good or for ill. This caution will
by no means provide all the answers we seek, but, hopefully, it will
allow our enquiry to be neither seduced by false utopias nor con-
founded by false dystopias.
3 The state as partisan
W
e turn now to an image of the state, and a form of state scep-
ticism, associated more with the political left than with lib-
erals and the neo-liberal and libertarian right. It has deep
roots in socialist and anarchist politics and through that pedigree line
provides an exemplar of the anti-state thought which emerged hand in
hand with the state tradition in the manner discussed in the previous
chapter. As a disposition towards the state, it can, moreover, be argued
to possess a contemporary relevance that stretches well beyond those
bodies of deeply sedimented critical leftist thought, with proponents of
this stance endorsing the broad concern of the liberal and the free mar-
keteer about state violence and the paradoxes inherent in concentrat-
ing the power of legitimate coercion in the container of the state. But
there the resemblance begins and ends. In contrast to liberalism, this
leftist variant of state scepticism argues that the state’s monopoly of
violence is not merely a necessary precondition for the maintenance
of a consensual ‘general order’. The police are, rather, a vehicle for
upholding what Marenin (1982) calls ‘specific order’. They are a means
of fortifying either the interests of the state itself, or those of con-
stituencies favoured by the present configuration of economic and
social relations. The state is, on this view, a partisan actor in social and
political life, as are its agents the police. It is as such an evil, an
unwanted and unwelcome force that needs to be monitored, exposed,
struggled against and – depending on the particular variant of leftist
politics – radically reformed or transcended.
In this chapter we present and scrutinize two instances of this radical
critique of the state. The first has been a staple of work in critical crim-
inology and police studies for some three decades or so. It posits the state
as being structurally tied to dominant private interests, systematically
directed towards coercing the weak and the poor, and integral to the
reproduction of relations of inequality organized around class, gender,
ethnicity, age and sexuality. This argument is most readily invoked in
73
74 On state scepticism
Partisan states
Critical criminology has since its inception taken as its leitmotiv the
idea that the state and state power are a problem. This claim has over
the last three decades been advanced in different theoretical registers,
with contrasting degrees of sophistication, and in the name of various
categories of oppressed groups. We cannot hope to detail here either
the range of radical perspectives on the state or their application to
questions of policing and security, and we do not intend to try. Suffice
it to say that some of these are pressed in relation to social class, base
their diagnosis and prognosis on one or other variant of Marxist state
theory (cf. Miliband 1969; Poulantzas 1978; Jessop 1990) and are con-
cerned, broadly, with how police institutions are conditioned by rela-
tions of property ownership and production which these institutions,
in turn, help to reproduce (Spitzer 1981; Brogden 1982; Grimshaw and
Jefferson 1987). Others develop critiques of the state from the vantage
The state as partisan 75
11
There is a voluminous literature on policing in authoritarian states on which we
have selectively drawn and condensed in order to advance our specific analytic
purposes. We have found most useful the following: on colonial policing –
Brogden (1987), Anderson and Killingray (1991, 1992), Ahire (1998); on polic-
ing in communist regimes – Michalowski (1992), Shelley (1997), Wong (2002);
on policing in Latin America – Huggins (1998), Caldeira (2001), Goldsmith
(2003); on policing in post-communist states – Lo – ś and Zybertowicz (2000),
Kadar (2001), Uildriks and van Reenan (2003). We have also drawn upon
Marenin’s (1996c) collection on the intersection between policing and political
change, and the tradition of scholarship on comparative policing (Bayley 1985;
Mawby 1990, 1999, 2003).
78 On state scepticism
state sceptic asks? Those of the rich and powerful. And who – in liberal
democracies throughout the world – is most likely to be stopped,
searched, arrested, detained, prosecuted, imprisoned, even killed in
custody? Answer: young, impoverished, ethnic-minority males.
Two examples can help to put some sociohistorical flesh on these
contentions. The first concerns patterns of policing in divided – but
nonetheless democratic – societies. Northern Ireland offers a good case
in point here, though claims of state partisanship have also been
pressed in polities with indigenous populations (such as aborigines in
Australia and Canada) or minority groups seeking greater autonomy
or secession (such as the Basques in Spain). Not only are the practices
of indigenous or minority groups frequently subject to processes of cul-
tural misrecognition and disproportionate police attention – as is strik-
ingly evident, for example, in the case of Australian and Canadian
aborigines (Royal Commission into Aboriginal Deaths in Custody
1991; Stenning and LaPrairie 2003). The demands of minorities are
also often framed by states as threats to national security and
responded to as such (Kymlicka 2005).
In the case of Northern Ireland, critics have argued that Stormont
and – following the imposition of direct rule in 1972 – the British state
have operated in ways that systematically protect the interests, culture
and security of the Protestant majority at the expense of those of the
Catholic minority. The partisanship and associated illegitimacy of the
state exists, in turn, in a close and mutually reinforcing relationship to
that of the police and security forces (Weitzer 1995; Ellison and Smyth
2000; Walker and Telford 2000). The Royal Ulster Constabulary
(RUC), from its formation in 1922 to its replacement by the Police
Service for Northern Ireland in 2003, was staffed overwhelmingly by
members of the Protestant community whose interests (and state) it
defended, and who in turn lent it passionate, often unconditional
support. It has, conversely, been deeply suspected by nationalists who
felt the grip of its coercive hand while being unable to call upon it as a
service. In the context of ‘The Troubles’, the RUC operated in close
tandem with the military, prioritized the suppression of political vio-
lence over the control of ordinary crime, and was alleged to have oper-
ated a covert ‘shoot-to-kill’ policy towards suspected terrorists and
colluded with Protestant paramilitaries in the murder of Catholics. The
police, in short, came in this ‘democratic’ setting to assume many of
the features associated with forces in authoritarian states – centrally
The state as partisan 81
controlled, barracked with the security forces with whom they are
entwined, focused on protecting the regime by suppressing political
violence and dissent, and subject to little or no independent oversight.
In the context of the current ‘peace process’, it remains an open ques-
tion whether a democratic future can be forged out of this legacy of
partisanship, and if so how (Patten 1999; Ellison and Mulcahy 2001;
Mulcahy 2005: part IV).
But it is not only in situations of communal conflict that democratic
states function as partisans. The leftist state sceptic can point, as a
second example, to the rise of ‘law and order’ politics (and its attendant
policing and penal strategies) in societies that have since the 1980s been
ruled by neo-liberal governments espousing the very state-sceptical
ideals we discussed in the last chapter. This principally means the
USA, Britain, Australia and New Zealand, though, as Loïc Wacquant
(2003) notes, free-market doxa is actively being ‘exported’ from the
USA (often via Britain) and often enthusiastically ‘imported’ by gov-
ernments and populations in western Europe, the former Soviet bloc
and Latin America. What these societies have witnessed in the last two
decades is a radical redrawing of the parameters and purposes of the
state, with (supposedly initiative-sapping) welfare provision being
elbowed out by the values and practices of the market. The social state
and disciplined market have given way – materially, to footloose capital
and the penal state (Gamble 1988; Wacquant 2003) and ideologically,
to forms of ‘authoritarian populism’ (Hall 1980) that mobilize the
demons and massage the fears of an anxious, discontented majority. As
the state’s ‘left hand’ (of public provision) has been withdrawn, so its
‘right hand’ (of police and penal force) has come to the fore in a bid to
contain the social effects of the insecurities and exclusions that global-
ized market societies produce (Bourdieu et al. 1999; Parenti 1999;
I. Taylor 1999).
The result is neo-liberal democracies dominated today by new polic-
ing strategies – zero-tolerance, curfews, anti-social behaviour orders –
aimed at ‘cracking down’ on the disorder and incivilities of the urban
poor in ways that are inimical to civil liberties and conducive to abuses
of police power. Following the (it should be said, much disputed)
‘success’ of zero-tolerance policing in cutting crime in New York City,
these strategies are now being trumpeted globally by a tireless band of
police and political entrepreneurs (Dennis 1997; Bratton 1998). What
is being promulgated is a new rationality for governing the ‘outcasts’
82 On state scepticism
‘general law’, still less subject to it. Rather, for Benjamin, ‘the “law” of
the police really marks the point at which the state . . . can no longer
guarantee through the legal system the empirical ends that it desires at
any price to attain. Therefore the police intervene “for security reasons”
in countless cases where no clear legal situation exists’ (1921/1985:
141). Law, Benjamin argues, can be located in a specific place and time
that renders it open to critical evaluation. The police institution, by con-
trast, presents nothing solid, graspable, or controllable at all: ‘Its power
is formless, like its nowhere tangible, all-pervasive, ghostly presence in
the life of civilized states’ (1921/1985: 141–2). It, consequently, ‘bears
witness’ – more so in a democracy than in absolutist systems that make
no pretence of subjecting executive will to popular oversight – ‘to the
greatest conceivable degeneration of violence’ (141–2). Police power is
not violence fenced in and directed by reason and law, but violence
beyond reason and law.
Benjamin’s remarks offer an insight into the intersection between
police power and sovereign statehood that has been developed in recent
years by those working broadly in ‘critical security studies’ (e.g.
Agamben 1993, 2004a; Campbell and Dillon 1993; R. B. J. Walker
1997; Neocleous 2000). Two sets of interconnected claims found within
this literature are relevant here. The first is a leftist articulation of Carl
Schmitt’s characterization of modern politics and sovereignty. For
Schmitt – writing in the context of the faltering Weimar Republic in the
1920s – the fundamental and irreducible element of what he terms ‘the
political’ is the drawing of the ‘friend–enemy’ distinction (Schmitt
1933/1996). The task of the sovereign is to decide on external and inter-
nal foes and to adopt such measures as will protect the integrity of the
state from them – in return for which he can demand obedience from a
people ‘terrified’ by their own radical insecurity ‘into the arms of author-
ity’ (McCormick 1997: 253). The political is, moreover, a realm of
authority not law, one that calls upon firm, absolute decisions, not
endless, polity-debilitating discussion. The sovereign state must decide
and decide alone on both the figure of the enemy and what must be done
to prevail over it, taking the necessary decisions with requisite speed
unfettered by the kinds of parliamentary deliberation and legal restraint
that may fatally weaken its capacity to perform this essential task.
‘Sovereign’, as Schmitt infamously put it, ‘is he who decides on the
exception’ (1922/1985: 5) – by which he meant both when a situation
is exceptional and what measures the exception requires.
84 On state scepticism
What, though – for radical state sceptics working in the field of secu-
rity – is the attraction of these authoritarian propositions? The answer,
in short, is that Schmitt troublingly brings to the fore both the deep
antagonisms that constitute political life and the role of extra-legal vio-
lence in constituting democratic polities that aim to be free of such vio-
lence – matters which liberal political thought is alleged to have
effaced, or at least sought to (Mouffe 1999). In particular, Schmitt
highlights the unlimited, violent decisionism that remains concealed
during moments of political tranquility only to be unmasked when the
state enacts its sovereignty by declaring an exception and exercising its
will accordingly (Agamben 1998; see, also, Derrida 1992; Taussig
1997; R. B. J. Walker 2004).
The second – closely related – claim is that ‘security’ provides the dis-
cursive site though which claims to exceptionalism are mobilized and
its practices enacted. As the ‘principle of formation’ of modern politi-
cal order, security ‘saturates the language of modern politics. Our polit-
ical vocabularies reek of it and our political imagination is confined by
it’ (Dillon 1996: 12). It does so, moreover, in ways that tie it intimately
and with deleterious effect to the state. By invoking security, the state
calls forth an anti-political and anti-pluralist political practice wherein
the problem at hand (be it terrorism, or drugs, or migration, or . . .) is
declared to involve imperatives instead of trade-offs and political
choices, to call for authoritative decision rather than democratic delib-
eration (or, in Schmitt’s view, indecision), and to warrant the restric-
tion of basic liberties as the price to be paid for the maintenance of
public security. These practices are, moreover, fuelled by security’s sig-
nification of an infinite and ever-disappearing horizon of possibility –
its rhetorical self-presentation as a condition beyond our grasp that
appears endlessly to require more ‘security measures’. Security, in
short, is the conduit through which a particular form of partisanship
proceeds – one in which the state takes such extra-legal measures as it
deems necessary to defend its interests and integrity. It is the paradigm
of Leviathan unbound.
Understood thus, the state of exception plainly antedates 9/11 and
the ‘war on terror’ that is being prosecuted in response to it. Indeed,
this variant of state scepticism would identify exceptionalism in many
of the quotidian acts of partisan states examined thus far. A consid-
eration of the ‘securitizing’ practices that constitute this ‘war’ none-
theless help to further our understanding of this radical variant of state
The state as partisan 85
12
There is an expanding cottage industry on the question of American Empire
which presses this claim in a variety of registers. For radicals of the sort under
discussion here, American imperialism entails a new mode of planetary oppres-
sion and tutelage pursued in the name of protecting US economic interests and
disseminating neo-liberal doxa (Hardt and Negri 2000; Harvey 2003). For other
progressives, it stands as a dangerous temptation of America’s hegemonic power
in the world (Barber 2003), or as an incoherent and fatal overreach of military
power (Mann 2003). There are, by contrast, some liberals and conservatives
who view US imperial rule – more or less enthusiastically – as an indispensable
ordering mechanism within the contemporary international landscape – the
attendant worry here being that the USA lacks the necessary domestic commit-
ment to the long haul (see Ignatieff 2003; Ferguson 2004). For more detailed dis-
cussion, see chapter 9.
The state as partisan 87
13
It is far from insignificant in this context that the USA PATRIOT Act is an
acronym, standing for ‘Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism’. This legisla-
tion extends a recent trend in the USA to name criminal legislation after high-
profile victims, the most notable instance being the anti-paedophile statute
‘Megan’s Law’ (Simon 2001). In the present case, of course, the named recipient
is a collective victim, the act a sign of its determination to ‘fight back’.
88 On state scepticism
heads. To this one may add the formation of a standing EU civil (i.e.
police) peacekeeping force with a mission to deploy ‘humanizing’ force
in conflict zones around the world – notably thus far in the Balkans
(Caygill 2001).
The charges in respect of each of these developments run broadly in
the same direction: that the ‘war on terror’ has reinforced an already
existing trend to privilege ‘internal security’ over ‘freedom’ and
‘justice’ in the development of the EU, such that it risks transmogrify-
ing into an ‘integrated law enforcement zone’ (den Boer and Monar
2002: 27) targeting suspect populations in ways inimical to social
justice and human rights; that it has buttressed and empowered what
was already emerging as a bureaucratic transnational security elite of
officials and security professionals – an elite that exercises micro-
power in opaque, informal settings at some remove from any kind of
effective legal oversight and public scrutiny (Hayes 2002). A further
charge is that the EU – like the USA – has developed the capacity and
will to bring its moral order to peoples elsewhere in the world in a way
that deploys violence in the service of morality and ‘leads to the gradual
abandonment of the territorial principle of modern statehood’
(Douzinas 2003: 177).
This brings us, fourthly, to the blurring of certain key distinctions
that once structured the field of security – a trend that pre-dates the
‘war on terror’ but which has been accelerated by it (Andreas and
Price 2001). The first of these concerns internal and external security,
policework and soldiering. Here one encounters a de-differentiation
of once distinct worlds that have, since the end of the Cold War, been
‘converging towards the same enemy’ (Bigo 2000a: 173). External
security agencies (notably, the army and intelligence services, but also
customs and immigration officers) now seek out enemies at home
and, in the case of the military, are called upon to secure domestic
infrastructure – airports, bridges, utility installations – from attack.
Soldiers, moreover, have since 9/11 found themselves engaged in
manhunts for wanted criminals and conducting order-maintenance
patrols of urban streets in Afghanistan and Iraq. The police, con-
versely, seek out ‘internal’ enemies – terrorists, organized criminals,
drug traffickers – beyond the territorial borders of states (Nadelman
1993), while also finding themselves dispatched abroad on peace-
keeping operations or to train indigenous police forces up to ‘western’
standards.
The state as partisan 89
To this one must add – post 9/11 – a blurring of the related categories
of war and crime (Feldman 2002; Huysmans 2004). The US govern-
ment has since the attacks on the Twin Towers and the Pentagon been
waging a self-styled ‘war’ against what it judges to be an unprece-
dented threat from international terrorism – and it is the circumstance
of warfare that has justified the exceptional executive powers that
states throughout the world have assumed. But this is no conventional
war, perhaps not even a war at all. The ‘enemy’ is diffuse, unknown
and composed principally of non-state actors. Its modus operandi is to
commit criminal acts – however atrocious. Nor will it be clear when,
if ever, the war has been won – something that raises the prospect of a
more or less permanent assault on democracy and liberty. Yet, at the
same time, the US government refuses consistently to apply the war
metaphor (if metaphor it is), engaging instead in what Golove and
Holmes (2004: 5) term strategic ‘paradigm shopping’ motivated by
‘the desire to limit accountability and oversight’. This is most apparent
in respect of the detainees held in the legal black hole of Camp Delta
in Guantánamo Bay (Rose 2004). These are neither prisoners of war
nor criminal suspects – both categories that afford a degree of due
process and legal protection. Instead, they have been deemed ‘enemy
combatants’ – a status beyond law whose consequence is that ‘they are
subject now only to raw power’ (Agamben 2004b: 610). There can, for
the radical state sceptic, be no more telling symbol of the new state of
exception – a sovereign force exerting its will in a fashion that is simul-
taneously partisan and out of control.
These critical observations on the current security constellation
impart some valuable warnings, some of which, as noted, are shared
by liberal critics of the ‘war on terror’. They suggest, first and foremost,
that democratic societies risk spiralling into a vicious circle of
terror–fear–repression whose all too likely consequence is the erosion,
perhaps even demise, of democratic government and the rule of law
(Rorty 2004). As political elites respond to acts of terror with ‘security
measures’ that seek to assuage public insecurity (and anger) by further
empowering police and military institutions, they do several things: not
only do they direct the resources of the partisan state at already often
unpopular and over-policed minority populations (both at home and
abroad); they also institutionalize public anxiety in ways that make it
difficult to envisage cultural conditions that will permit ‘temporary’
exceptional measures to be repealed, and leave themselves with little
90 On state scepticism
practical choice but to respond to the next terrorist attack with yet
more – still tougher – ‘security solutions’. As each ‘ordering measure
brings into being new ambiguities and ambivalences which call for
further measures, the chase never ends’ (Bauman and Tester 2001: 79;
see, also, Dillon 1996: 127).
For liberals the practical task is to find ways of responding to terror
(and the fear and loathing that it generates, or reinforces, or renews)
in ways that break out of this insecurity-heightening, democracy-
corroding spiral (see, for example, Ackerman 2004; Ignatieff 2004;
Dyzenhaus and Hunt forthcoming). This too, more broadly, is the
impulse that informs this book – one that holds that it is possible in
this field to envisage and create virtuous circles that both civilize secu-
rity and release the civilizing potential of security. The variant of state
scepticism we have been concerned with here presses, however, a more
disquieting claim – one that presents a serious critique of such possi-
bilities. From this perspective there is no obvious route away from a
world in which exceptionalism has become what Agamben (2004a: 2
and passim) calls ‘the dominant paradigm of government in contem-
porary politics’ – and certainly not one which travels under the banner
of security. We are faced with what looks set to become an unceasing
war against terror in which partisan, exceptional states name and chase
new enemies, fortify borders as they violate them, suspend law in the
name of law, and undermine democracy in an effort to save it. How, in
such a world, the leftist state sceptic asks, can we speak meaningfully
about, let alone begin to construct, a socially coherent project of col-
lective security?
Against security?
The strands of radical thought outlined in this chapter offer a cogent
critique of the state and its securitizing practices. It is a critique that
appears able to capture important aspects of a historical record that
has seen states time and again, in both authoritarian and democratic
contexts, allocate the benefits and burdens of policing in ways that sys-
tematically protect the security interests of powerful constituencies at
the expense of those of the poor and dispossessed. It supplies, in addi-
tion, a cogent account of the dangers of placing security at the ideo-
logical heart of government, of the capacity of security politics to
colonize public policy and pervade social life in ways that threaten
The state as partisan 91
by arguing that the production of this good demands not the whole-
sale critique and transcendence of state forms, but more robust regu-
latory interventions by democratized state institutions. We must first,
however, factor into our positive case two further critiques of the state,
starting with the claim that it is a cultural monolith.
4 The state as cultural monolith
I
n the previous chapter we saw how the state through its policing
and security provision can be a powerful mechanism for the pursuit
of special interests. The concern was with how certain general fea-
tures of the security provision function of states are conducive to the
articulation, consolidation and reinforcement of various asymmetries
of power and forms of prejudice. In the present chapter we want to
consider a complementary critique – one that is implicit in much scep-
ticism about state policing but which finds less explicit theoretical
expression than the other variants of scepticism considered in part I.
This critique is concerned not with the state as machinery for the rein-
forcement of inequality and the amplification of bias generated else-
where in the social and economic domain, but rather with the state as
a site of cultural production in its own right, capable of generating
meanings and of promoting orthodoxies of a certain type. Of course,
the distinction between the state as material enforcer and as cultural
initiator is sometimes artificial and never clear-cut. Frequently, as we
will see, the state’s ideological involvement in mobilizing or sustaining
certain beliefs and sensibilities is in close synergy with its repressive
function. To borrow another phrase from the old Marxist lexicon – the
autonomy of the state from basic socio-economic forces and relations
is only ever relative. Just as, in the argument of the last chapter, the
forms of domination originating beyond the state will frequently rely
upon the state and its security apparatus for their entrenchment or sta-
bilization, so too the forms of meaning generated by the state and its
security apparatus always owe something to broader social and eco-
nomic pressures.
Nevertheless, the cultural critique of state policing is far more than a
mere echo of the material critique. Rather, it supplies potent additional
ammunition to the sceptic of state policing, threatening to check the
counter-positions which we tentatively outlined at the end of the last
chapter. To the criticism that the partisanship thesis is too fatalistic
94
The state as cultural monolith 95
about the role of the state and too pessimistic about its emancipatory
potential, the adherent of the cultural critique may deliver a consider-
able riposte. This begins by revisiting and refining and qualifying the
distinction drawn by Marenin (1982) between general order and special
order. For the core of the claim that the cultural work of the state in the
domain of security has its own partial consequences lies in a refusal to
accept that, unlike the specific order of those powerful public and
private constituencies who succeed in manoeuvring the state in defence
of their special interests, the generation and maintenance of the general
order of everyday social tranquillity is somehow neutral between dif-
ferent security concerns or worldviews. From this broader critical per-
spective, there is no area of security work uncontaminated by some kind
of bias. There is, rather, and however it may be presented, something
irreducibly particular about the defence of general order (just as, con-
versely, given the cross-cultural familiarity of certain types of class,
gender, ethnic or public bureaucratic bias, there is something general
and recurrent about the defence of specific order). And in the irreducible
particularity of even its broadest role we must understand state polic-
ing as the facilitator and defender of a kind of cultural orthodoxy which
continues to privilege some ways of viewing and acting in the world
over others. In the face of this additional set of objections, the argument
of the proponent of state policing that the supposedly universal bene-
fits of its quotidian security practices outweigh the disadvantages of
occasional and episodic resort to the defence of specific interests threat-
ens to be stillborn.
What does it mean to suggest that the cultural import of state secu-
rity and policing, even when concerned with general order, is irre-
ducibly particular? Just because, as already noted, this dimension of
scepticism about state policing has been less explicitly theorized than
the others, and tends instead to rest upon certain standing general
assumptions about the culpability of the state, or upon the message of
a wider body of work on the link between statehood and cultural
monism, then, much more so than in the case of these other dimensions
of scepticism, we have to construct for ourselves the best version of the
cultural case for scepticism as it applies to the policing sector. Mindful
of this, we assemble our argument in distinct stages. First, the basic
conceptual building-blocks from which a more explicit theoretical
argument might be constructed will be put in place. On that basis, the
case will be made that the cultural particularity of the policing of
96 On state scepticism
all elements within the catalogue can without undue strain be gathered
under the holistic umbrella of the generation and maintenance of those
conditions of general order under which the citizenry are most likely
both to be and to feel secure (Silver 1967; Bittner 1990; Reiner 2000:
ch. 4). So much so, indeed, that while in the public politics of policing
the question of the proper balance and trade-off between and within
diverse police functions is often fraught with controversy, the idea that
these functions be assessed in terms of their contribution to the overall
purpose or meta-function of providing security tends to remain taken
for granted.
This internal idea of unity – of holistic purpose – is linked to the
second and externally directed sense in which policing can be viewed
as a singular activity. The point can be developed in both a weak sense
and a strong sense. In a weak sense, just as many particular policing
functions are best viewed as instrumental to the general purpose of
security provision, so too the security purpose itself is largely justified
in its own terms, and not as a means to some even broader function or
higher purpose. That is not to say that the general achievement of secu-
rity cannot be viewed and treated in instrumental terms, but just that,
for the most part, unlike some key areas of government activity, it is
simply not viewed and treated in such terms, or at least not in a narrow
sense.1 Rather, to recall our discussion of the roots of the modern polit-
ical order in chapter 2, security should be understood as one of the
most basic, defining functions of the polity. And insofar as it can be
viewed as linked to other major social functions, as we shall see in
chapter 6, this is in a broad foundational sense rather than in a narrow
instrumental sense – as a sine qua non of the achievement of a broad
menu of other social goods rather than as something whose value is
exhausted in the achievement of any particular such good. In this,
however, perhaps security is not so unusual. Other areas of state activ-
ity such as health provision or education are also largely self-justifying,
and if linked to other purposes are likewise viewed as broad founda-
tions rather than narrow ladders.
Where security stands apart from other broad areas of public policy,
and asserts itself more forcefully, is in its tendency in the name of
urgency and indispensability, and so peremptory non-negotiability of
11
Compare security provision in this respect with tax collection, whose purpose is
purely instrumental to the achievement of other purposes.
98 On state scepticism
of the law’s liberal promise, can at best be only a partial guide to the
meaning of general order. Simple allegiance to the law may, subject to
the caveats suggested above and within the bounds of common inter-
pretation of often vague textual formulations, encourage an even-
handed approach to individual cases once addressed by the police. But
in a context of scarce resources and unavoidable choices as to the pri-
orities to set both within and between discrete policing tasks, the legal
text, however plain its meaning in addressing particular behaviours
and decoding particular encounters, cannot provide criteria to decide
which encounters should be sought and which cases should be identi-
fied and treated as cases in the first instance.
Yet it has been observed of many western constitutional cultures
that, despite the law’s structural inability to provide a comprehensive
directive to policing – to supply all the guidance the police officer (of
whatever rank) needs in pursuit of general order – inflated claims to
that effect continue to be made on its behalf (Jefferson and Grimshaw
1984). As already noted, the public image of the neutral uniformity of
the police in pursuit of general order is a precious reputational prize,
and so whatever can help anchor this belief, including the notion of the
comprehensive authority of law, will remain rhetorically attractive.
Paradoxically, however, by obscuring the problem of discretion, the
idea of law’s directive capacity tends only to exacerbate it. What this
threatens, and often delivers, is a ‘policy vacuum’ (Goldsmith 1990:
96), where, under the cover of the supposed sovereignty of law, a con-
ception of general order is allowed to flourish in which the cultural
preferences and sensibilities of the police are required to fill the gap.
While uniformity, therefore, is a theme that is central to the legiti-
macy of state policing in its pursuit of the singular objective of general
order, it is also one that may be confounded by the obstinate reality
of police discretion. The meaning of general order threatens to frac-
ture into as many particulars as there are diverse contexts of police
action, and to the extent that this may be resisted or mitigated it is
only through the signifying or meaning-shaping interventions of the
police themselves (Fielding 1984). What kinds of factors influence
them in this cultural work, bearing in mind that it remains tied to the
ideological discipline of a uniform mode of self-presentation? It is
here that the last two structural features of the police pursuit of
general order – its time-bound and societally specific quality – assume
importance. And crucially, as we shall see, as they flow from certain
102 On state scepticism
the ‘gardener’ (Bauman 1992: 178) rather than contained in the static
blueprint of the architect. Yet the message from this, as much as from
the more explicitly nationalist literature, is equally one of the formi-
dable quality of the state’s role in cultural production.
Whatever their precise source, the monolithic tendencies of the state
in the cultural sphere have two potentially deleterious effects. The first
is an illiberal posture towards minority groups whose practices and
values do not (or are deemed not to) accord with the dominant articu-
lation of national culture. The consequent failures of cultural and polit-
ical recognition, and the attendant calls for assimilation of those who do
not share ‘our way of life’, may foster multiple forms of symbolic – and
on occasions physical – violence against the minority cultures concerned
(C. Taylor 1994; Levy 2000: 25). The second is the elevation of national
boundaries (and associated distinctions between inside/outside, us/them,
here/there) in ways that, at best, limit or undermine forms of solidarity
and moral concern towards others and efface or refuse the mutual inter-
dependencies that obtain under conditions of globalization and, at
worst, generate forms of xenophobic hostility towards those marked out
by territorial frontiers as foreigners or within territorial frontiers as
strangers. These two claims form the cutting edge of a deep-seated scep-
ticism within political theory towards the nation state as an appropriate
symbolic mediator of political community. It is a critique, indeed, that
is capable of reaching across a wide politico-intellectual spectrum,
embracing both cosmopolitans – profoundly suspicious of a nationalist
politics that ‘substitutes a colorful idol for the substantive universal
values of justice and right’ (Nussbaum 2002: 5) – and those who would
eschew the national particular in favour of other kinds of particularism
(Vincent 2002).
But how significant, if at all, is the field of policing, and the practices
and discourses associated with the general maintenance of security, in
contributing to the culturally monolithic tendencies of the nation state?
To what extent is the suggestiveness of the structural ‘fit’ vindicated
through actual instrumental and symbolic links? The answer in both
cases would appear to be strongly affirmative. The instrumental or func-
tional link is an obvious one. Even in pursuit of their general-order func-
tion, the police possess the singularity and priority of purpose, the
pre-eminence of authority, the legal means, the bureaucratic where-
withal, the irreducible discretion, the eternally urgent mandate and the
contiguity of territorial jurisdiction to bolster and sustain the form and
The state as cultural monolith 109
the content of the cultural orthodoxy of the state – both the very idea of
a single orthodoxy and the particular substance of that orthodoxy.
Whatever monolithic, anti-pluralist predilections are present within the
political culture of the state, therefore, the police are invariably well
placed to articulate and reinforce them. This is so whether, and most
obviously, we are talking about discrimination against national minori-
ties, or whether we are talking about any other orthodoxies and positive
moralities which favour some ascriptive or affiliative categories and the
behavioural codes associated with them over others (based on race,
gender, class, physical handicap, ethnicity, regional identity, local hab-
itat, age, sexual orientation, dress, etc.).
The symbolic link is also strong and multifaceted, and serves to rein-
force the instrumental link. From the outset the structural correspon-
dence between the state and the general-order function provided much
material for mutual signification. Most obviously, this has been true of
the way in which the policing of general order, with its emphasis on
particularity and exclusivity of jurisdiction, tends to fix the very co-
ordinates of statehood in particular spatio-temporal locations. That
tendency is vividly demonstrated in Emsley’s work on the importance
of the gendarmerie in continental Europe in the eighteenth and nine-
teenth centuries in marking out ‘national territory’ and ‘turning peas-
ants into Frenchmen, Italians, Spaniards and Russians’ (Emsley 1993:
87). Coming as ‘the man praising order’ (Emsley 2000: ch. 15), on
arrival the gendarme was often the most tangible manifestation of the
particular source and version of general order associated with this or
that nation-state project, his symbolic flying of the flag having a quite
literal foundation. Furthermore, the singularity and uniformity of the
general police function, the idea of its providing an indispensable floor
to effective political community, means that even in those countries,
such as England, where the police were less directly involved in the
initial consolidation of national territory and forging of national con-
sciousness, the police and the police function in due course came to be
associated with the continuing viability of the nation and with the
preservation and refinement of national mores and authority (Gorer
1955; Emsley 1992).
In turn, this points to the importance of policing in the political fab-
rication and cultural forms of national memory. If, in the context of
nation building, our common narratives do not simply record who we
are and what we have in common but actually help to construct these
110 On state scepticism
producing the fantasy of total security that they lack the resources to
secure alone. The state on this view becomes an obstacle, in Markell’s
(2003) terms, to producing a conception of security based upon an
acknowledgement of our mutual vulnerability to and dependence upon
each other. This is so because the generation of political community
around the idea of danger tends to foster forms of solidarity that cohere
around common enemies, such that national life is re/constituted
through an antipathy towards those outsiders (whether within or
beyond territorial borders) represented as hostile to ‘our’ freedom and
‘our’ security – something that has been ever more discernible in the USA
and many other western states in the aftermath of 9/11.
More particularly, the fantasy of total security – of security ‘deep’
and ‘wide’ – is harmful to the extent that it seeks to, and does, gener-
ate an affectively charged, close to unconditional identification with
those institutions – notably policing institutions – that through the
process of symbolic affiliation we have discussed come both to embody
the ‘way of life’ under threat and to be tasked with keeping the dan-
gerous other at bay. The resulting investment in a policing solution to
the question of ‘deep’ or ontological security (and often within that to
particular repressive police strategies) can all too easily coexist with a
tendency to overlook or condone abuses of power committed by ‘our’
police and turn a blind eye to practices that undermine the liberty and
security of unpopular minority groups (see Loader and Mulcahy 2003:
chs. 5 and 9; and, more generally, S. Cohen 2001). Security, accord-
ingly, becomes not a precondition for the exercise of critical freedom,
but a standing threat to it. And, especially when it is coupled with an
overt politics of belonging in the broader public arena – as is most obvi-
ously the case in many so-called ‘divided societies’ (Brewer 1991;
Mulcahy 2005), but is also in some measure true of any state with a
dominant national tradition – there will be an illiberal, anti-pluralist
price to pay. The more comprehensive in reach, and the more major-
ity-indulgent and orthodoxy-affirming the publicly aspirational and
broadly received understanding of the good of security, the more
implausible and doomed to anxiety-fuelling disappointment it is likely
to be even for those in whose name such an approach is pursued. Yet
that very over-investment in orthodoxy can, at the same time, generate
more acute harms of misrecognition or non-recognition for those con-
stituencies deemed ‘unorthodox’ – increasing their sense of public inhi-
bition and vulnerability, of precarious belonging and, perhaps, of
The state as cultural monolith 113
12
The example of contemporary France is instructive in this regard. In the course
of a remarkable few months between the autumn of 2005 and the spring of
2006, many French cities experienced two distinct waves of public unrest – in
the first wave a series of clashes between young second- and third-generation
members of ethnic minorities and the police and security services, and in the
second wave a series of demonstrations led by middle-class students protesting
against new laws which they deemed threatening to their capacity to begin and
pursue a life-long career. What is most interesting about this case is the fact that
both waves were so strongly defined and coded in security terms, and the con-
nection between the two waves that this shared coding hints at. The first wave
dramatized the sense of social and political exclusion of young members of
ethnic minorities, and the intensity of the threat their disorderly and property-
damaging behaviour was perceived to offer to a political establishment who sub-
sequently stood accused in many quarters of over-reaction. The second wave was
organized around the theme of précarité – in the first instance certainly précar-
ité de l’emploi (job insecurity), but gradually widening to signify a deeper range
of insecurities about the disappearance of a certain received understanding of the
French ‘way of life’ – economic and cultural – under conditions of globalization.
In the first wave, therefore, we see some of the symptoms and secondary effects
of the harms of misrecognition caused to minorities, while in the second we see
the dangers of reifying a particular conception of ontological security – one that
is closely related to the minorities’ sense of exclusion and misrecognition – for
the very majority whose needs it purportedly serves (see, e.g., Pfaff 2006).
114 On state scepticism
L
e t us suppose for a moment that one could minimize or eradi-
cate the shortcomings of the state we have examined thus far –
its propensity to meddle, to be biased, and to privilege majority
over minority norms and practices. Suppose one could build a benign,
well-intentioned state that consistently acted in ways that respected
individual rights, and was impartial between competing interests and
protective of minority cultures. According to the sceptical stance we
consider in this chapter, one would still be faced, even under these con-
ditions, with a deeper, arguably intractable, tragedy of the state. The
state is, on this view, an idiot. Its bureaucratic remoteness means that
it lacks the situated knowledge and therefore the capacity to deliver
security across a diverse array of local settings. Nor can it easily acquire
such knowledge without resorting to authoritarian, diversity-threaten-
ing means. The state, moreover, is not merely deficient in the knowl-
edge of local circumstances that is prerequisite to the production of
security. It also tends towards obduracy – being both unreflexive about
its own cognitive limitations and determined to press on with its pur-
poses, including its policing and security purposes, in wilful disregard
of its own ignorance. The state, or so it believes, ‘knows best’.
Idiocy and obduracy are, according to this view, characteristics even
of strong democratic states operating within their own national bound-
aries – in conditions, that is, where they at least possess the sovereign
capacity and authority that enable them to generate knowledge of
‘their’ territory and populations, however imperfectly. But these traits
are more radically marked in respect of ‘weak’ or ‘failing’ states which
lack either the infrastructure and legitimacy that enable mature demo-
cratic states to ‘know’ their societies, or the control of territory that is
a minimal precondition for administrative knowledge production.
Knowledge deficits are, furthermore, a chronic feature of states oper-
ating in the international and transnational arena, whether in cooper-
ation with other states, or when trying to resolve conflict, keep the
117
118 On state scepticism
11
We should be careful here to note the dissimilarities between these two positions.
Oakshott clearly saw Hayek as having fallen victim to the very rationalist
The state as idiot 119
We will have cause to revisit Hayek later in the chapter, as his work
looms large in the attempt of Clifford Shearing and other champions
of local initiative to think about and deliver security beyond the state.
But our principal purpose in this chapter – as this brief mention of
Shearing and his collaborators indicates – is to address those versions
of the ‘state as idiot’ critique that emanate broadly speaking from the
left – conceptually, under the banner of communitarian or pragmatist
philosophy; politically, in the name of ‘bottom-up’ community poli-
tics and democratic experimentalism. As a way into this strand of
state scepticism, we may usefully consider James C. Scott’s influential
Seeing Like a State (1998). Here one finds, as with Oakshott and
Hayek, a critique of top-down rationalist planning, along with a par-
allel effort to pinpoint the cognitive deficiencies of the state – these
forming, for Scott, a large part of the explanation for the tragic failure
of ‘so many well-intentioned schemes to improve the human condi-
tion’ (1998: 4). Scott documents the disasters of what he calls ‘author-
itarian high modernism’ across fields as diverse as city planning,
scientific forestry, collectivist agriculture and vanguard politics. In so
doing, he argues that modernist self-confidence in the capacity to
deploy scientific and technical knowledge in an effort to change
people’s ‘work habits, living patterns, moral conduct and worldview’
(1998: 4) is doomed to fail because it rests upon ‘thin simplifications’
about societies generated by remote state actors in ways that gloss
over the diversity, complexity and unpredictability of the social and
disregard competing sources of local knowledge upon which the
success of state projects depends. ‘Formal schemes of order’, he
argues, ‘are untenable without some elements of the practical knowl-
edge that they tend to dismiss’ (1998: 7).
Scott’s critique of the idiotic and obdurate state is not, however,
launched in the name of the sovereign individual and untrammelled
market forces – he argues, contra Hayek, that markets generate their
own ‘heroic simplifications’ (1998: 8).2 His point, rather, is that the
patterns of thought that he believed had been the ruin of modern European pol-
itics, describing Hayek’s The Road to Serfdom as ‘a plan to end all planning’
(Oakshott 1949/1991: 26). Hayek, for his part, explicitly distanced himself from
the English conservative tradition of which Oakshott was a prominent repre-
sentative (Hayek 1978).
12
Scott similarly distances his position from that of Oakshottian conservatism.
While he applauds Oakshott’s ‘astute and telling’ critique of rationalist planning
120 On state scepticism
Footnote 2 (cont.)
and his appreciation of the contingency of practice, Scott goes on to dismiss him
as a complacent apologist ‘for whatever the past has bequeathed to the present
in terms of power, privilege and property’ (1998: 424, 431).
The state as idiot 121
State-led, police-centric
Consider first those security strategies and practices that one might
describe as state-led and police-centric – an array of subnational,
national and international practices in which the state retains a privi-
leged place as both provider and regulator. Prominent here are an assort-
ment of strategies that travel under the banner of community policing.
As noted in chapter 4, such strategies have acquired global prominence
and received much warm official rhetoric in recent decades (Skolnick
and Bayley 1988; Brogden and Nijhar 2005), whether in the form of
policies aimed at embedding the patrol officer as a dedicated, exemplary,
networked and knowledgeable presence in local social life, or, more
ambitiously, of attempts to make the police into local civic leaders,
spearheading efforts – in consultation with local people – to ‘activate the
good’ within communities (Alderson 1979; Innes 2004). We can cite also
the coming to the fore of ‘problem-oriented policing’ (Goldstein 1990),
with its conception of the police not as a force reacting willy-nilly to
122 On state scepticism
13
We return to some of these issues when discussing the consumerist syndrome in
chapter 8.
The state as idiot 123
14
We should note here that the international traffic in security practices is not
entirely one way. The remarkable global diffusion of restorative justice ideas and
programmes rooted in Aboriginal and Maori dispute-resolution processes offers
one of the best counter-examples of crime policy travelling from the periphery
to the centre (cf. Blagg 1997). So too do the efforts of Clifford Shearing – dis-
cussed further below – to promote to other parts of the world forms of non-state
124 On state scepticism
Footnote 4 (cont.)
security governance first developed in poor communities in South Africa – prac-
tices that Shearing claims ‘can be adapted and transferred to practical use in
many nations of the world, including the established democracies of the West’
(Shearing and Kempa 2000: 206; Wood 2006; cf. B. Dixon 2004).
The state as idiot 125
15
There exists now a large and evolving literature on nodal security governance.
An inventory of the most important contributions to date would, in our view,
include: Johnston and Shearing (2003); Shearing and Wood (2003a, 2003b);
Dupont (2004); Shearing and Johnston (2005); Burris (2006); Johnston (2006);
Shearing (2001, 2006); Wood (2006); Wood and Shearing (2006).
132 On state scepticism
16
Johnston and Shearing (2003: 35, 148) also contend that the state today has
become both the subject and object of regulation (see also C. Scott 2002), a
feature of contemporary governance that, they argue, ‘problematises the attempt
to conceive it as the exclusive locus of public interests’ (Johnston and Shearing
2003: 35) and requires us to rethink regulatory practices in networked, non-
hierarchical terms. We return to the issues this raises below.
The state as idiot 133
17
It is important to note in these respects that we currently lack a grounded soci-
ological account of the dynamics of the local security practices that Shearing and
others advocate, still less any independent assessment of them from someone
who is not a member of the ‘Security 21’ team – an asymmetry of information
that leaves external observers having to take their arguably somewhat rosy por-
traits of them on trust. Evidence from other forms of citizen security elsewhere
in South Africa (Tshehla 2002), together with the scepticism of other authors
deeply immersed in questions of post-apartheid justice (B. Dixon 2004: 373–6;
Dixon and van der Spuy 2004), suggest that we are wise to retain some critical
distance from a model of non-state security that is running the risk of appearing
non-falsifiable. It is somewhat ironic that at a time when such suspicion is bub-
bling up in the place of its inception, the Zwelethemba model is being actively
canvassed as a security solution in ways that have yet to answer searching ques-
tions about how and whether the ‘model’ can successfully be imported into, say,
divided societies or liberal democracies with strong state traditions. We would
stress, however, that it is vital not to replace one set of presuppositions and
premises with another and opposite set, and that is certainly not our intention.
The Zwelethemba model is no more doomed to fail than it is bound to succeed.
The issue, as we have said, is one of evidence, and of its systematic collection
and evaluation.
138 On state scepticism
18
Shearing has on occasions in the past recognized this connection. In their oft-
quoted paper Shearing and Bayley on ‘The Future of Policing’ write: ‘All poli-
cies that have any prospect of mitigating the growing class differences in public
safety depend upon the affluent segments of our societies recognizing that secu-
rity is indivisible’ (1996: 603).
19
It is noteworthy in this respect that the principal funding for these programmes
has to date come from foreign governments, the Finnish and Swedish govern-
ments in the case of South Africa, and the Canadian International Development
Agency with regard to the project in Rosario, Argentina.
The state as idiot 139
local peace-making that can make good the state’s cognitive shortcom-
ings. There is much of value in both this assessment and this ambition,
as we have tried to indicate. Yet, ultimately, this portrayal of the state –
as a necessary evil, wanted but not welcome – prevents a full apprecia-
tion and exploration of its necessary and virtuous role in giving practi-
cal effect to security understood – in sociological terms – as a ‘thick’
public good. It is to this exploration that we now turn our attention.
pa rt i i
Securing states of security
T
h e cumulative critique of the role of the state in policing laid
out in part I cannot easily be gainsaid. The state can be and
often has been a physical and psychological bully. It is prone to
meddling, to interfering where it is not wanted. It does take sides, and
in so doing packs the hardest punch. It undoubtedly does seek to
set the cultural climate and in some measure is successful, as it is in
making life difficult or impossible for those who do not conform to the
norms it encourages and defends. Finally, it will tend towards stupid-
ity. Not only does it lack the means to answer all the key questions
about individual and collective security, it often seems unable or
unwilling to recognize this deficiency.
Yet, as our scepticism about state scepticism has sought to make
clear, in concentrating on its dangers and limitations, the state scep-
tics have tended to be inattentive towards the continuing positive con-
tribution of the state. They have paid insufficient regard to the case
that the state, or its functional equivalent, remains indispensable to
any project concerned with optimizing the human good of security,
or, at least, have neglected the full implications of that possibility. To
remedy that defect, and move beyond mere scepticism about state
scepticism, demands a closer appreciation of the role of the state in
the generation of social meaning and in the ordering of social prac-
tice pertaining to security. But to achieve that more intimate under-
standing of the state and its possibilities, and avoid a circular
justification of its security function, we must first gain a little distance
from it. We must begin in the present chapter by revisiting the concept
of security and asking what, if anything, makes security decidedly –
perhaps even peculiarly – suited to public provision. Only then will
we be in a position to address the task of reconnecting that impera-
tive of public provision to the particular ‘public’ institutional form of
the state.
143
144 Securing states of security
11
This discussion draws upon and develops that of Geuss (2003: 8–9).
The good of security 145
12
Some of the most interesting current literature – with an emphasis upon mater-
ial that tries to talk across disciplines – includes Raz (1986); Waldron (1993,
2004); C. Taylor (1995); Heritier (2002); Mayntz (2002); Murphy and Nagel
(2002); Geuss (2003); and Etzioni (2004).
146 Securing states of security
to account for the terms in which we make our case, it is also vital to
the substance of that case. As to its terms, it is precisely because of the
importance accorded to the constitutive dimension that we retain the
language of ‘public goods’ to describe security, albeit in a significantly
fuller sense than that intended within the economics literature. As to
the substance, it is only through the density of the web of connections
made between instrumental, social and constitutive conceptions of the
idea of security that we are able to do full justice to the argument for
the public provision of security, and so establish the platform necessary
to address the task of re-establishing the vital nexus between security
and the state.
13
According to Olsen (1971: 14), for example, ‘the basic or most elementary goods
and services provided by government, like defence and police protection, and the
system of law and order generally, are such that they go to everyone or practi-
cally everyone in the nation. It would obviously not be feasible, if indeed it were
possible, to deny the protection provided by the military services, the police, and
the courts to those who did not voluntarily pay their share of the costs of gov-
ernment.’ See also Murphy and Nagel (2002: 45–8).
The good of security 147
14
This possibility is acknowledged within the economic literature on public goods,
the term ‘club goods’ being reserved for those which are excludable but which
remain non-rival within the membership of the predefined club (Jordan 1996;
for applications to security, see Hope 2000; Crawford 2006).
The good of security 149
15
It is in this deep sense that the very concept of private security may be consid-
ered oxymoronic (Loader 1997b). See also note 12 below.
16
This self-fulfilling element is at the core of the spiral of fragmentation, one of the
pathological syndromes of modern security discussed in chapter 8 below.
The good of security 151
in order to provide the effects we associate with the common good. For
precisely because there is disagreement about the content of the
common good towards which security is deemed instrumental, we
might on closer analysis find that different conceptions of that conse-
quential common good require or permit rather different understand-
ings of the prior security instrument. The overlapping consensus on
security as a necessary platform towards any conception of the
common good security may, in short, mask considerable disagreement
as to the social properties of that platform.7 And just as the platform
hypothesis dramatizes the strength and urgency of our convergent
commitment to take security seriously, it again begs the question of
how we are supposed to take it seriously – and in particular the basis
upon which and the form in which a common and broadly acceptable
scheme of public provision might, if at all, be justified and guaranteed.
If consequentialism offers a suggestive but, in the end, precariously
thin way in which to conceive of goods in social terms, at the other
extreme we can also discount an inappropriately thick understanding.
On this view, a good is social because the very manner in which we enjoy
or experience the good in question is irreducibly social. We are talking
here about what Taylor (1995: 190) calls ‘immediately’ common
goods – where the good lies in the simple fact ‘that we share’. That is to
say, the generation of the good for one person and its enjoyment by that
person is wholly, directly and reciprocally dependent upon its simulta-
neous generation for and enjoyment by certain others (Waldron 1993:
358–9). We can indeed imagine such goods at various levels of abstrac-
tion – from our shared enjoyment of a conversation or a party, to spe-
cific social institutions such as friendship or comradeship or love, to the
most general sentiments of valued sociality such as fraternity or solidar-
ity. Security is clearly not a constitutively other-regarding sentiment in
17
As a rough rule of thumb we may assume that highly individual-centred con-
ceptions of the common good – those that emphasize the importance of freedom
of choice and minimize the value of collective goods – are more likely also to
view possible ‘social’ aspects of the prior instrumental good of security, such as
the degree of redistribution of private resources allowed for its comprehensive
and equal provision, in minimalist terms, whereas those who hold to a more col-
lectivist conception of the good are more likely to countenance collective means
to its realization. This is a matter both of consistency and coherence of value
commitments at different points within a single theoretical worldview and of
instrumental logic – the more socially ambitious the solution sought, the more
socially ambitious the means required.
The good of security 155
the sense of these other goods. My security and your security are more
than simply a product of our relationship. Whatever the forms and
degree of mutual dependence of our respective states of security, they are
not exclusively mutually constituted.
What is more, it is important to note that even if security were
appropriately conceived as a social good in the purest and most imme-
diate sense that would be a strong argument against rather than for its
public provision. What immediate common or public goods have in
common, after all, is precisely their insusceptibility to social engineer-
ing through public plan and provision, whether this is on account of
their intimate texture, their spontaneous motivation, or their necessary
grounding in long-standing experience or practice. Any attempt to fab-
ricate such goods in the public domain is doomed at best to produce a
poor replica of the real thing – as with the ‘organized fun’ and false
conviviality of many official celebrations – and at worst to provide a
sinister perversion of public purpose – as in George Orwell’s Ministry
of Love. And if the paternalistic – indeed imperialistic – impulse to tell
people ‘how to’ experience associative benefits or to dictate what
counts as the authentic way of experiencing such benefits must be
resisted even in the case of genuinely immediate goods, then, as we
shall shortly have cause to recall, we must treat with even greater sus-
picion any lurking temptation to stretch the meaning of security in the
same constitutively other-regarding direction.
If, however, we move beyond the extremes of consequentialism and
immediacy, it is possible to imagine a third and more promising sense
in which security may be considered a candidate social good. What we
are here concerned with is that part of the social dimension of security
that rests neither upon its consequences nor upon the manner of its
expression and experience, but upon the fulfilment of certain social
preconditions. To begin to unpack this idea, we need to identify two
separate but connected senses in which the security of any individual
is dependent upon the action and attitudes of others, each of which dis-
plays a characteristic that is quite unique to the good of security.
First, and most obviously, there is what we might call the objective or
intersubjective dimension of security. When we think of the objective
‘security situation’ of any individual, we have in mind the relationship
between the catalogue of person- and property-securing measures
in place to protect that individual, on the one hand, and the propen-
sity of third parties to threaten that individual’s security interests
156 Securing states of security
18
In many other cases, such as education and health, the problem to which the
public good responds, respectively ill-health and ignorance, may of course be
exacerbated by certain features of the social environment. Yet unlike insecurity,
the ‘bads’ of ill-health and ignorance are not purely a product of social relations.
The good of security 157
19
For example, the sense of social confidence that one may derive from education.
10
For example, all kinds of material benefits may be derived from a sense of friend-
ship or, on a wider social canvas, from a sense of solidarity, but we understand
these benefits as consequential upon rather than intrinsic to the goods in question.
158 Securing states of security
11
As has been demonstrated by countless studies of the non-linear relationship
between people’s ‘fear of crime’ and their antecedent levels of objective risk (see
Hale 1996). It should also be clear from the foregoing discussion that we are
breaking with the psychological reductionism that one sometimes encounters in
the ‘fear of crime’ debate, a reductionism which says that such fear is rooted in
the make-up of ‘vulnerable’ individuals. To conceptualize security as having a
subjective dimension in the manner we have just done is precisely not to resort
to the common-sense notion that some people are ‘resilient’ while others are
‘fragile’, thereby making security a question of individual mindsets. Our point,
rather, is that the emotional states which are bound up with (in)security –
anxiety, fear, vengeance, hope, pleasure, etc. – are deeply social and that differ-
ent political arrangements permit or constrain the production and expression of
them. Just as we have plenty of historical evidence of social conditions that are
more or less likely to licence and foster the so-called ‘authoritarian personality’
(Adorno et al. 1950), so it is possible to imagine and (re)configure states that are
more or less likely to supply the material and symbolic resources which enable
individuals to be resilient in the face of the risks posed by their environment.
The good of security 159
reliance on others for our security, to start the bidding high by claim-
ing that the optimal fulfilment of our sense of freedom from anxiety
about security depends upon the equal fulfilment of the sense of
freedom from anxiety about security of all others to whom we are
socially ‘connected’ inasmuch as they may affect the conditions of our
security. In other words, we may be encouraged to conclude, pace the
economists, not that the security of each implies the security of all, but
that the security of each depends upon the security of all, and in that
way to reassert the priority of a comprehensiveness of coverage that
only a system of public provision can ensure. Yet this temptation
should be resisted, as such a proposition rests on assumptions that
cannot be convincingly sustained.
In the first place, the proposition would hold in conditions of precise
equality of vulnerability and of strategic deployment of harm capacity
between all individuals in a community. Where each were as able and
willing as each of his or her significant others to affect the security of
each of his or her significant others (full symmetry of vulnerability),
and if this were fully mutually acknowledged (full consciousness of
that symmetry), we would be able to conceive of mutual security in
terms of a self-reinforcing social equilibrium. But absent a Robinson
Crusoe-type scenario, this does not describe the conditions of any
actual human society. Secondly, short of these conditions of equality of
influence, if we could nevertheless envisage conditions of full mutual
empathy and altruism as regards the security concerns of significant
others (however widely defined), then again we might be able to sustain
the strong mutual dependence thesis. If our anxiety about security
could not be assuaged unless and until we were sure of the security of
others, just because we defined security as a good which was devoid of
value unless enjoyed by all and so were unable or unprepared to take
comfort in our own security unless and until it was equally guaranteed
to these others, then our very moral orientation would be such as to
guarantee security as a collective virtue. Again, however, beyond the
scale and scope of ‘immediate’ social units such as families or other-
wise tightly knit groups where the affective ties of friendship or loyalty
may be particularly strong, this is an implausible assumption to make
about actual human societies. Indeed, if made without qualification
such a claim would seem to redesignate security as an immediate public
good – the good residing in its sharing – in a manner we have already
explicitly rejected.
160 Securing states of security
12
One may, among many illustrative instances of this, cite the case of gated com-
munities and other affluent middle-class enclaves, environments where condi-
tions of objective security tend to coexist with a pervasive sense of subjective
insecurity, especially in relation to the conditions and possibility of social life
‘beyond the walls’ (see, on this, Girling et al. 2000: ch. 5).
The good of security 161
13
See chapter 4 above, where the historical relationship between policing and state
building and state maintenance was discussed. At that point, we simply sought
to show that the close dependence of state building and state maintenance on
policing and security produced a symbolic dividend or legacy. In taking the
analysis a stage further, we now want to stress how that security-signifying sym-
bolic dimension and the affective sense of identity that it helps to articulate
should be viewed not just as an effect of political community whose most basic
motivation lies in other factors, but as co-constitutive of the very idea of polit-
ical community.
The good of security 165
14
The idea of security as having a value in educating people how to live together
owes much to a similar analysis Niklas Luhmann once made of trust (1979: 64).
For Luhmann, the practice of ‘winning trust’ can easily and very plausibly be
analysed in strictly instrumental terms. People make themselves seem trust-
worthy in order to win the confidence of others and increase their influence with
these others. Moreover, often this is a two-way or multiple-way process – a
drama of mutual display. However, over time, the initial instrumental motiva-
tions tend to be become habitualized, and strategic interaction is often replaced
by or augmented with what is literally a more ‘educated’ sense of the virtues of
trust (both personal and impersonal) – by a greater appreciation of and sympa-
thy with the standpoint of the other and by the development of an affective
mutual orientation on the basis of that enhanced appreciation and sympathy.
Security can be seen as providing a similar vehicle towards deeper forms of
sociality. The whole thrust of our analysis is to suggest that while initial orien-
tations towards mutual security may well be strategic – a question of establish-
ing a ‘low platform’ of convergent interests – the regular alignment of mutual
behaviours in terms of these initial orientations can also have an educational div-
idend. As with trust, it can sharpen our mutual appreciation of, and mutual sym-
pathy in the face of, vulnerability in a way that is both mutually enlightening
and helps generate and sustain relations of mutual affect.
168 Securing states of security
W
e have in the previous chapter described and defended the
merits of security conceived of as a thick public good and
suggested that the practical realization of such a conception
requires that security in some significant measure be publicly provided.
In staking out that position we argued for the indispensability of the
social in the generation and sustenance of individual security, and for
the indispensability of some constitutive idea of ‘publicness’ and of
political community to the full flowering of the social – conditions
required even if we want the provision of individual security to be tai-
lored to ends whose value may be calculated in strictly individual
terms. But an additional level of argument has to be negotiated before
we can allocate the state a primary role in the provision of security so
conceived. In particular, we must face two further challenges and
address two further series of questions. First, why and with reference
to what particular tasks or functions should any particular public
entity be allocated a pre-eminent or primary role, or – as we prefer for
reasons we explain in due course – take priority in the matter of secu-
rity provision? And if we conclude that some such entity should indeed
be allocated such a role and if we decide what form such priority ought
to take, why need the entity in question be the state rather than some
other species of political community? Secondly, even if we can make a
persuasive prima facie case for the priority of the state, we still have to
deal with and overcome its propensity towards meddling, favouritism,
monoculturalism and stupidity. In this, and the following chapter, we
set out to address these two series of questions in turn.
The agenda of the present chapter, then, is to identify what has to be
done in order effectively to pursue the more equitable and solidarity-
enhancing conception of the good of security that we set out in chapter
6, and to demonstrate why and how the state is best placed to take the
lead in this endeavour. The two limbs of our argument are intimately
related. If the public good of security is to be practically fostered and
170
The necessary virtue of the state 171
functions they serve are mutually dependent and supportive, but just
because these relations of dependence and support do indeed hold in
such intimate ways and across such a wide canvas, they cannot simply
be reassigned or transferred from one responsible and coordinating
centre to another. The range of cultural tasks of the state and the
synergy between the cultural and the ordering tasks of the state are
deeply embedded in particular forms of social organization, and
indeed, as we saw in chapter 2, deeply coded in certain social imagi-
naries, and we simply cannot discount that massive legacy when
thinking through our security arrangements – particularly given the
enduring ‘centring’ imperatives of responsibility and coordination.
It is important, however, to be clear about what is and what is not
being postulated here. What precisely does the triple imperative of
responsibility, coordination and capacity entail in terms of the distinc-
tiveness and priority of the state role? On the one hand, we should not
claim too much for the state. It is no part of our argument that the state
should perform a monopoly role in the provision of security conceived
of as a thick public good. Indeed, this disclaimer applies to two differ-
ent variants of the monopoly idea – to both strong and weak versions.
In the first place, palpably nothing in the claim to priority requires that
the state be the exclusive source of active security provision. Pointedly,
the five vital functions we enumerated all concern how to secure the
social and political preconditions of security, so to speak, and do not
include the basic ‘rowing’ function of the security practitioners itself. It
follows that the actual providers of policing and security services cer-
tainly need not be ‘state operatives’ – a concept whose legal translation
and operationalization in different national settings in any case indi-
cates diverse and by no means necessarily cumulative criteria of rele-
vance, and so defies reduction to any single threshold test.1 In the
11
Legally relevant factors which may indicate different answers include: (i) iden-
tity of formal employer and source of remuneration; (ii) source of detailed per-
formance control and sanctions, including dismissal; (iii) repository of legal
liability in case of wrongful conduct; and (iv) locus of political accountability
and answerability for operational choices. Not only do different legal systems
stress different factors or combinations of these factors as relevant to the formal
legal status of police officers, but even within a particular system the answers to
different questions may tend in different directions. For example, within the
British system, traditionally viewed in terms of a balance between constabulary
independence and local government control, a more detailed consideration of
these various questions suggests different answers or a combination of answers
174 Securing states of security
second place, priority does not require that the state be solely responsi-
ble even for these ‘steering’ functions where its contribution and coor-
dination is indispensable. That the state must take a key role in
identification, mobilization and allocation, deliberation, regulation and
commitment, and also in the coordination of these tasks, does not mean
that it need monopolize all or indeed any of them, as we shall see. What
is more, in searching for an appropriate vocabulary short of monopoly,
it is precisely because the state is typically one actor amongst many
others in a shifting assemblage of security provision that we prefer a
relational term such as ‘priority’ to one with more absolutist connota-
tions such as ‘pre-eminence’, or with a more rigidly hierarchical sense
such as ‘primacy’. Crucially, as our discussion of anchored pluralism
should make clear, such ascendancy as the state possesses is always
articulated and affirmed in and through its dynamic relationship with
a plurality of other actors, without any requirement that the state need
at all times and in all respects be the most prominent actor or even the
loudest or most influential voice in security production.
On the other hand, however, we should not claim too little for the
state. Clearly, the state does not take priority if it is treated as just one
of many equal partners with other subnational and transnational
public and private bodies. Nor is it enough to view the state as no more
than primus inter pares, if that implies, as it does in at least some ver-
sions of the increasingly influential network or nodal model of security
governance which we addressed in part I, an entity whose priority is
merely circumstantial and so empirically contingent.2 The joint imper-
atives of responsibility, coordination and capacity argue against either
Footnote 1 (cont.)
including not just local government and the police themselves, but also, and
increasingly, central government (in particular, in the novel form of the Serious
Organized Crime Agency, which from 2006 has taken over and integrated the
functions of the erstwhile National Crime Squad and National Criminal
Intelligence Service) and various other politically independent central institu-
tions such as the Inspectorate of Constabulary and the National Policing
Improvement Agency. See, for example, N. Walker (2000).
12
See, in particular, chapter 5 above. We present this proposition in a carefully
qualified form for a number of reasons. In the first place, the nodal governance
literature is a large and burgeoning one (e.g. Shearing 2001, 2006; Johnston and
Shearing 2003; Shearing and Wood 2003a, 2003b; Dupont 2004; Cherney
2005; Johnston 2006; Wood and Shearing 2006) and we simply cannot and
should not assume that all who speak within that literature do so with the same
voice. Secondly, it is also a dynamic literature, one still in a state of theoretical
The necessary virtue of the state 175
flux – as for example in the increasing preference in some quarters for an empha-
sis upon the fluidity of the nodes and of their originary power to mobilize knowl-
edge and capacity, rather than upon the strength and resilience of the network
which connects the nodes and provides a grid for the heterarchical transmission
and coordination of power and influence (e.g. Burris 2004; Shearing 2006).
Thirdly, it is a literature with which we have engaged on previous occasions
(Loader and Walker 2001, 2004, 2006) and to which we have received con-
structive responses that seek to emphasize and develop the degree of common
cause underpinning our respective approaches (e.g. Johnston and Shearing 2003;
Shearing and Wood 2003a; Johnston 2006; Shearing 2006). With regard to such
a richly diverse, fast-moving and theoretically open literature it is therefore dif-
ficult and probably invidious to draw definitive conclusions. In particular,
although in principle nodal theory is often at pains to deny ‘conceptual priority
to any particular locus of power’ (Johnston 2006: 34) including the state, in
practice it has often not been slow to acknowledge either the continuing – and
perhaps increasing – strength of the state ‘node’ (e.g. Shearing and Wood 2003a:
208) or the location of that strength in frameworks of authority and in regula-
tory and resource capacities of enduring viability and importance.
176 Securing states of security
is more obviously to the fore. We will begin, therefore, with the three
‘cultural’ tasks of identification, mobilization and allocation, and
deliberation – paying particular attention to the core ‘cultural’ task of
identification – before moving on to the two ‘ordering’ tasks of regu-
lation and commitment.
Identification
In chapter 6 we discussed the ways in which political community is con-
stituted through a mix of the instrumental and the affective – the indi-
vidual and the social – and how central security has been as a medium
for these mutually supportive processes of constructive imagining and
of imaginative construction. What we are concerned with here is the
latter dimension – with the state’s actual and potential role in the imag-
inative construction of identity and in the constructive contribution that
work of imagining makes to collective security. In arguing that the
state’s identification work is indispensable, and takes precedence over
other forms of political identification in securing the preconditions of
collective security, our argument proceeds in several stages.
In the first place, there is of course a significant empirical legacy.
Historically, it is the state – and typically the nation state – that has at
least sometimes and in some places stepped forward as the form of polit-
ical community equipped to perform the various kinds of public-consti-
tutive affective tasks outlined in the previous chapter. We must recognize
that nation states have thereby been strongly implicated in the develop-
ment of a sense of belonging, dignity and authenticity in the form of
national membership. In so doing, they have often also been engaged in
crafting social identities which provide both the motivational impetus
necessary to establish and maintain an ordering infrastructure for secu-
rity and the sense of empathetic familiarity prerequisite to a social envir-
onment in which civility is relatively high, security risks relatively low,
and the ordering infrastructure thus reasonably sufficient for its task. We
must, equally, allow that the identity-construction work of the nation
state, quite apart from this complex of instrumental benefits, has also
sometimes and in some places been importantly continuous with the
very sense of social rootedness and secure belonging that makes the self-
management of unease and anxiety a manageable task. And in accept-
ing that the state can succeed, and in some cases and to varying degrees
has succeeded, in performing these tasks, we must also remind ourselves
The necessary virtue of the state 177
that it is at the level of the nation state rather than any other candidate
form of political community that notions of security – just because of
their deep inscription in the kind of purpose and practices for which
political communities are formed and through which they are sustained
– provide an important part of the vernacular of collective identity for-
mation (Walden 1982; Emsley 2000), reformation (Glaeser 2000) and
maintenance (Loader and Mulcahy 2003: ch. 2).
In the second place, the fact that the state has frequently demon-
strated that it can do this kind of security-enabling identification work
points us precisely in the direction of the capacity-based justification of
its indispensability and priority standing. The capacity argument, we
may recall, concerns the remarkable and self-reinforcing ability of
states to accomplish a wide range of complementary cultural and
ordering tasks in various areas including – in the complex ways set out
above – security work. Yet a capacity-based argument can never offer
a full explanation. The very fact that at other times and in other places
the state has not found or has not effectively exploited the capacity to
develop a wide-ranging instrumental facility and an inclusive sense of
affective community in a mutually supportive fashion, but has either
simply failed or has allowed undue rein to its meddling, partisan, impe-
rialistic or obdurate tendencies, suggests as much. And underlying that
empirical qualification, the capacity argument also reveals a theoreti-
cal gap. There are two related elements to this. First, and most obvi-
ously, just because it is about potential rather than achievement, the
capacity-based argument begs the question of what is necessary in
order to turn potential into achievement. Secondly, au fond the capac-
ity-based argument is a functional one, and as such it suffers from the
basic limitation of all functional explanations. It can show, through its
demonstration of beneficent outcomes, why it might have been a good
reason to adopt – and, even more so, why it would have made sense to
many to maintain once adopted – a particular set of arrangements or
course of action in certain circumstances. But it cannot by reference to
these same outcomes offer a full explanation of why a particular set of
arrangements or course of action was in fact adopted or maintained –
or not, as the case may be – in any particular circumstances.3
13
Within the literature on nationalism, functionalist thinking has played an
influential role – sometimes explicitly so and sometimes only implicitly –
especially within those schools of thought which link nationalism exclusively or
178 Securing states of security
Footnote 3 (cont.)
predominantly to the development of the social and economic conditions
of ‘modernity’ and ‘modernization’. For a useful overview, see Lawrence (2005:
ch. 4).
The necessary virtue of the state 179
14
Whether the distribution of resources in the forms of public expenditure of tax
revenue is aptly conceived of as a redistribution or reallocation of the private
wealth or income of those presented with the highest tax bills is itself a moot
point. Some would argue (e.g. Murphy and Nagel 2002) that the state’s overall
control of the regulatory environment, including its property laws and labour
laws, means that our notions of pre-tax wealth and income are themselves arti-
fices – no less dependent on the particularity and partiality of public policy than
the tax regime itself. To the extent that this argument is persuasive it alerts us to
the myriad other ways in which the state is involved in matters of distributive
justice as well as helping shift the burden of proof from those who would oth-
erwise have to justify any progressive taxation before the charge that it is a form
of expropriation.
184 Securing states of security
15
See, in particular, the discussion of the authoritarian syndrome in chapter 8
below.
16
While other levels of government can (and, especially in federal systems, fre-
quently do) possess independent resource-raising capacity in matters of security
and in other matters indirectly relevant to security, this should not be at such a
level or involve such decisional autonomy that it effectively undermines or threat-
ens to undermine the capacity of the central state to shape the overall level and
distribution of tax revenue. Equally, private spending on security should not be
allowed to such a level and across such a range of activities that it encourages or
permits an effective opt-out on the part of physically or metaphorically ‘gated’
communities from state provision and its financing, and so from the consideration
of the complex trans-neighbourhood externalities associated with state provision.
17
For example, in the neo-liberal governments elected by many western states in
the 1980s, including the Thatcher government in the UK. See, for example,
Reiner (1980), Gamble (1988).
The necessary virtue of the state 185
Deliberation
By deliberation we mean the various ways in which the state encour-
ages decisions to be made in the field of security provision on the basis
of careful consideration of arguments and evidence and through the
development of good reasons. Deliberation in politics, including secu-
rity politics, serves a variety of different functions, five of which we will
briefly consider in due course. Before we do so, however, we should
acknowledge that if, by separate or cumulative reference to these func-
tions, we can demonstrate that the state effectively promotes delibera-
tion, by necessary inference we will also have demonstrated that the
186 Securing states of security
state should assume priority in the last analysis over other deliberative
forums. This is so for the simple reason that deliberation as we have
defined it is internally related to decision, and since the priority of deci-
sion at the state level has already been argued for in the case of alloca-
tive decisions and will in due course be argued for in the case of
regulatory decisions, no additional justification is required for the
deliberation process itself.
The first four functions of deliberation can be roughly divided into
those that serve the ‘input’ requirement of a democratic polity and
those that help meet its ‘output’ requirements (Scharpf 1999). The two
major input requirements concern representation of and responsive-
ness to diverse interests and the dignitarian virtue of participation
respectively. As regards representation and responsiveness, delibera-
tion implies a basic commitment to recognize and include representa-
tives of the broadest range of constituencies within the wide political
community of the state in the range of decision-making over the
balance of preferences in security policy. As regards the direct value of
participation, there is clearly some trade-off between opportunity and
gravity of input. Not all who want to can necessarily be involved in the
most consequential forums of central deliberation. However, this can
be compensated for through mechanisms of institutional design – both
in the form of ‘top-down’ delegated or secondary spheres of local
decision-making and through ‘bottom-up’ channels of consultation.
The two major output functions of deliberation concern its encour-
agement of compliance and its epistemic quality respectively. Each has a
special resonance in security politics. Clearly, as the resilience of the
‘policing by consent’ label demonstrates, policing remains highly com-
pliance-dependent. As we saw in the previous chapter, a unique feature
of security as a public good is that the problem which it seeks to treat –
insecurity – is itself socially generated. What is more, the dispersed
nature of insecurity-generating activity means that the police remain
heavily dependent upon public support for basic operational informa-
tion conducive to the detection and repression of such activity (Kinsey
et al. 1986; Tyler 2004). To the extent that deliberative involvement in
policy-making may encourage a more supportive and understanding
attitude towards the problems and predicaments of security profession-
als, therefore, there is a high premium on encouraging such involvement
on the part of those affected by and capable of making a difference to
the implementation of security policy.
The necessary virtue of the state 187
18
See the discussion of the paternalism syndrome in chapter 8 below.
188 Securing states of security
Regulation
That the state should assume priority in the overall system of normative
order associated with security is on reflection perhaps the least contro-
versial aspect of state ascendancy to assert in principle, if the most
complex to develop in practice. On first impressions, however, even the
in-principle assertion of state priority might seem to rest on distinctly
shaky ground. There is a huge literature – literatures in fact – which seek
to question the old Westphalian view of the state as the fount of all
regulatory authority. Whether we look at work on the concept of gover-
nance (e.g. Kjaer 2004), or in regulation studies (e.g. Parker and
Braithwaite 2003; Jordana and Levi-Faur 2004) or in legal pluralism (e.g.
de Sousa Santos 1995), we see a formidable range of challenges to a
command-and-control model of state regulatory authority. Such critical
perspectives, which often owe much to the kinds of scepticism about the
centralization of social intelligence portrayed in chapter 5, hold that the
idea of the state as the only legitimate regulator in and for society, if ever
it was a reasonable claim, is now no more than a quaint anachronism.
Moreover, even a rather more subtle variant of the Westphalian idea that
allows the existence of regulators other than the state, but which holds
that whatever legitimacy attaches to these other regulators is merely a
delegated legitimacy – still owed to and dependent upon the imprimatur
of the state – is also increasingly treated as outmoded and inappropriate.
Rather, it is claimed, we have to take seriously the myriad forms of order-
ing we find in society – private, hybrid, substate, suprastate as well as
state – in their own terms, without assuming any monopoly of recogni-
tion or authorization on the part of the state (N. Walker forthcoming b).
What is more, there is no sense in this new literature that policing in
particular and security in general are or should be considered as an
exception to the trend towards the ‘post-regulatory state’ (C. Scott
The necessary virtue of the state 189
19
Apart, again, from the work of Les Johnston, Clifford Shearing and their various
collaborators on nodal policing, we can think of other interesting ‘bridging’
analyses such as the growing body of work by criminologists on restorative
justice and on the innovative regulatory model of the Truth Commission. See,
for example, McEvoy and Newburn (2003) and Roche (2003).
190 Securing states of security
Commitment
We argued in chapter 1 that perhaps the most potent image feeding
state scepticism, and certainly one that helps fuel each of the featured
variants of scepticism, is that of the state as bully. Underlying this
image is a simple – perhaps overly simple – connection. On the one
hand, we have the famous Weberian understanding of the state as the
monopolist of the legitimate use of force. On the other hand, we have
policing, a practice understood as the key societal ‘mechanism for the
distribution of non-negotiable coercive force’ (Bittner 1970: 46). The
fear is that if we put the two together then the police and other simi-
larly endowed central security services simply become tools of the
state, the vehicle of its violence; and since when force meets other forms
of power or authority – of resources, of reason, of culture and affect –
force tends to prevail, the idea that such force be ‘legitimate’ may
become redundant, no more than an empty boast.
The danger, borne out many times in the history of the modern state,
that state officials may exploit the police to undermine rather than
The necessary virtue of the state 191
promote the security of those they are charged to protect – the deepest
paradox of police power – arises out of just this connection. Yet we need
not succumb to fatalism in the face of this paradox. Instead, two sets of
answers are called for. The first is a prudential answer. It simply reiter-
ates the importance of the other functions of the state considered above
in securing the preconditions of security as a public good, including, min-
imally and most immediately, the prevention of a ‘police state’. As we
have seen, the police can be shaped and civilized against this possibility
by political culture, by resource decisions, by deliberative processes and
deliberated decisions, and by the general authority of rules. The second
response is more difficult but equally necessary. It stresses that while the
dangers of state excess can indeed be addressed with some confidence
through the proper deployment of the state’s other security functions, the
idea of the state bedrock of the ‘legitimate use of force’ as referring to
something other than everyday police capacity remains a viable one, and
one that is valuable precisely in terms of its indication of an independent
mechanism to underpin the proper and effective use of that everyday
police capacity. What is more, it is a mechanism which needs itself to be
separately acknowledged within the litany of the state’s priority func-
tions. This we set out to do under the heading of ‘commitment’.
What do we mean by commitment as an indispensable and priority
function of the state and how precisely does it connect with the legiti-
mate use of force? Drawing in very broad terms on the insights of insti-
tutional economics, we may think of the state as an institution or as a
cluster of institutions involved in ensuring ‘credible commitments’ (e.g.
North 1993). Furthermore, we may understand the capacity to ensure
the credibility of commitments as applying both to the actions of
the state itself and, in a close reciprocal dynamic, to the actions of
others – institutions and individuals – with whom the state stands in a
relationship. For the likelihood that these other actors will honour
their commitments to the state will, in some measure at least, depend
upon the degree of confidence and trust they have that the state can
and will keep its own promises as registered in the array of positive and
negative incentives at its disposal, whether through the constancy of its
rule following, the effectiveness of its rule enforcement, or the contin-
uing guarantee of its capacity to raise and deploy resources.
Of course, like all forms of power, this is most effective when it oper-
ates in latent mode, based on ‘the rule of anticipated reactions’
(Friedrich 1963: 199) rather than upon repeated shows of strength.
192 Securing states of security
Nevertheless, it remains the case that the state’s ultimate and overriding
capacity to deploy force does help to secure the credibility of its com-
mitments to tax, to apply rules, and to enforce sanctions and so to
underpin the credibility of the commitments of others to comply with
the rules and directives of the state, which in turn further reinforces the
credibility of the commitments the state can make, and so on. In this
regard, crucially, there is nothing special about policing and security.
The meta-level coercive potential operates in the area of policing in
exactly the same way as it operates in respect of other public goods
under state influence, such as education or health, which unlike policing
are not also coercive at the point of delivery. In all cases, the ordering
and resourcing infrastructure needs some kind of coercive underpinning
in the final instance for reasons which bear upon effectiveness and reli-
ability of delivery in general without influencing the detailed enforce-
ability of any particular operation. What the state’s priority role in
ensuring its commitments provides, in short, is just that guarantee of the
security of its security (or health, education, etc.) ordering and resourc-
ing powers that allows people to invest in them and their civilizing qual-
ities with a degree of confidence in their effectiveness.
On anchored pluralism
Could not, however, the state sceptics respond to our invocation of the
necessity and indeed necessary priority of the state in these various
interconnected functions with a necessity clause of their own? The flip-
side of the historical record of instrumental and cultural work is
another historical record which traces the propensity of the state to
meddle, to reflect and enact the bias of the most powerful, to mobilize
and celebrate an intolerant idea of cultural uniformity, and to decide
without sufficient knowledge or foresight. Equally, the flipside of the
state’s continuing potential to perform this ordering and cultural work
effectively towards the production of security as a thick public good is
the danger that it will merely consolidate or reinforce its pathologies.
Perhaps, moreover, the two are intimately connected and the vices are
the unavoidable downside of the virtue; and that any attempt to mobi-
lize the positive face of state policing is fated, in the long run at least,
to stimulate and mobilize the vices. The only answer to that concern,
and the note on which we will finish this chapter, is to focus in more
detail on the deliberative and regulatory elements within the state’s
The necessary virtue of the state 193
functional catalogue and argue for two things: first, as much openness
to concerned interests in the production of security and the reduction
of insecurity as possible, and as many checks as can be incorporated
against undue meddling, bias, uninformed decision-making and cul-
tural imperialism in the ordering and cultural work of the state; and
secondly, as much recognition as possible of the ordering and cultural
work of other sites of collective security as is consistent with the ele-
ments of state priority set out above.
This argument is elaborated at length in the second half of the next
chapter. Suffice it for now, by way of conclusion, to say that it trans-
lates into what we would call an anchored pluralism. The state, in the
senses set out above, should remain the anchor of collective security
provision, but there should be as much pluralism as possible both,
internally, in terms of the constitutional inclusiveness, representative-
ness and minority and individual protection mechanisms of the demo-
cratic and administrative processes through which the aspiration of
collective security is reflected upon and pursued and, externally, in
terms of the recognition of the appropriate place of other sites of cul-
tural and regulatory production above, below and otherwise beyond
the state. In this second and external dimension – the prospects of the
flourishing of which are of course intimately associated with and
dependent upon the openness of the first or internal dimension – the
role of the state in the ordering field should be as a meta-regulator and
in the cultural field as a wide boundary of social and security identity
within which other sorts of social and security identities may be nested
and encouraged.10
In both cases, the aim of the state is both positive and negative.
Positively, it is to ensure the widest possible community consistent with
the minimum affective ties necessary to deliver the regulatory and cul-
tural infrastructure of a single security space, with all the risk-reducing
and fear-abating benefits that such a common security environment can
bring. Negatively, it is to ensure two forms of limitation. First, there is
the auto-limitation of a private domain protected by rights from those
forms of intervention by security authorities in general – including most
urgently the state itself as the most powerful and wide-ranging security
10
It remains an open question of course, in the light of the development of trans-
national forms of security practice, whether it must or should be the widest
boundary of social and security identity. This point is addressed in chapter 9.
194 Securing states of security
I
n the previous chapter we outlined what we characterized as the
necessary virtue of the state in delivering the public good of secu-
rity and argued that, in environments in which a multiplicity of
actors are engaged in its production or the promise thereof, this virtue
is best harnessed through the idea and practice of an anchored plu-
ralism. This entails, we further suggested, seeking to maximize the
degree of pluralism within the anchor of state institutions whilst facil-
itating as much pluralism of delivery outside the state as is consistent
with the latter’s necessary priority. Having reached this point, two
tasks now lie before us. We must first address the question of why, if
these virtues are so compellingly virtuous, they appear to remain so
thinly, or barely, or even non-existently, evident within so many set-
tings of contemporary security practice. We need, in other words, to
consider how and why it is that the state’s vices – its propensity to
meddle, to be partisan, to impose cultural orthodoxy, and to be idiotic
and stubborn – more often shape the politics of security than what we
take to be its virtues – a fact about the present that allows state scep-
tics to lay claim to the mantle of sober, illusion-free, worldliness. Our
first task then is to revisit these vices, which were presented in an intel-
lectually stylized form in part I, with a view to grasping how they in
fact manifest themselves within the pathologies of modern security
practice and with what effects.
Our second, more constructive, purpose is to examine how the
vicious circles that these pathological syndromes give rise to, or tend
towards, might be broken, or at least loosened, in ways that can
foster and sustain a practice of security that is better placed to
harness the virtue of the state tradition while seeking to suppress or
minimize its vices. Our starting point here is Philip Pettit’s (2001a:
ch. 7) recent application to democratic theory of the idea of ‘false
positives’ and ‘false negatives’. These notions, we argue, can fruit-
fully be developed as ‘hinge’ concepts that permit us, on the one
195
196 Securing states of security
give security its pervasive, uncivil forms and which stand as obstacles
to realizing the benefits of security as a thick public good. Let us con-
sider, in each case, how this is so.
Paternalism
This syndrome elevates professional expertise and authority – of gov-
ernment officials, police officers, intelligence agencies, the operatives of
the criminal justice and penal system – to pride of place in determining
the contours of security practice. It is the view which says that police
and cognate security agencies possess the education, training, experi-
ence, skills, knowledge and habitus needed to ‘know how to act’, to be
able to judge the causes, scale and likely impact of security threats and
to manage public demands for order accordingly – with the requisite
good sense and prudence – for the benefit of all. It is thus a position
which privileges not popular sovereignty – whether in the form of
unmediated (or, rather, mass mediated) public demands or the will of
elected political actors – but that of detached, relatively autonomous
and apparently impartial bureaucratic expertise.
There can be little doubt – as we have known from Max Weber
onwards – that the story of modern security is in large part the story
of the formation and rise to ascendancy of bureaucratic, expert, pro-
fessional institutions for knowing about, and deploying the resources
to deal with, crime and other risks to public order and security. There
can also be little doubt that police, criminal justice and penal bureau-
cracies, and their attendant forms of expertise, remain significant ele-
ments of the present security constellation. But it is also the case that
the extent of such ascendancy, and the scale and impact of the chal-
lenges to professional paternalism, has varied and continues to vary
across national boundaries. There are, of course, many authoritarian
societies across the world where police and security agencies do not
possess the kinds of autonomy from political regimes that can enable
one to speak accurately of them possessing professional security
bureaucracies operating with their own logic of practice. Conversely,
one can refer to a state tradition in continental western Europe – in
societies such as France and Germany notably – where relatively
autonomous, professional public bureaucracies have long had, and
retain today, a firm hand on the levers of power within police, crimi-
nal justice and penal systems, and operate at some remove from the
198 Securing states of security
Consumerism
We have opted to term the second security syndrome we wish to con-
sider consumerism. In so doing, we have in mind what Phillip Bobbitt
(2002: ch. 10) describes approvingly as the ‘market-state’, and
Margaret Canovan (1996: 80) rather less so as the ‘service station
state’. These terms signify the advent of a state that does not disappear
or withdraw entirely from the task of securing goods for its citizens
(albeit that it promises much less) but, instead, redefines and articulates
its constitutive task as delivering, or facilitating the delivery by others,
of certain basic services to individuals now understood as consumers
with preferences the state must elicit and satisfy. It is not so much the
replacement of the state by the market (at least in fields, such as secu-
rity, where markets are prone to failure), as the insertion of market
logics and disciplines within the state itself. In the field of policing and
security, this syndrome finds expression in the idea that the state’s task
is to take steps to discover people’s preferences and then seek to meet
demands for order – for particular styles and levels of policing, or for
certain forms or quantities of punishment – in the terms in which they
present themselves. This, of course, represents an inversion of the
claims of professional paternalism. It is now the consumer, not the gov-
ernment official or police officer, who ‘knows best’. Ours, the state
says, is no longer to reason why.
Given the way in which this syndrome is bound up with a critique of
professional authority, it is best illustrated with reference to examples
flagged in the previous discussion. In the policing field, consumerism
has in recent decades increasingly come to underpin the promotion of
‘ambient policing’ (Loader 2006b). By this we mean the family of polic-
ing strategies that share a critique of professional law enforcement and
which appeal to, and claim to be able to quench, the demands for order
that consumers of policing services make. Some of these – ‘quality of
life’, ‘broken-windows’, or ‘zero-tolerance’ policing – draw inspiration
and guidance from Wilson and Kelling’s (1982) influential, if contro-
versial, account of the connection between policing and neighbourhood
disorder (Kelling and Coles 1996; cf. Harcourt 2001). Others – ‘com-
munity’, or ‘multi-agency’, or ‘problem-oriented’ policing – proffer a
critique of police reacting willy-nilly to calls from the public, proposing
instead that they ‘join up’ with other agencies in search of holistic solu-
tions to social problems of which crime and disorder are symptoms
202 Securing states of security
When one couples together the policing and penal dimensions of this
syndrome one is tempted, with Baudrillard (1983: 36–7), to draw the
conclusion that the state has ‘faked its own death’. Not only has it
traded ‘rowing’ for ‘steering’, ‘providing’ for ‘enabling’, and ‘judging’
for ‘umpiring’ (Osborne and Gaebler 1992; Bobbitt 2002: 235), but it
has even in those domains where it still aspires to be a pre-eminent
actor lost confidence in the possibility of mobilizing its own resources
and authority for any social purpose beyond that of meeting the
demands of emboldened, contingently loyal consumers whom it stands
in fear of disappointing and driving away. It is, on this view, simply no
part of the task of political authority to challenge, to elicit reasons, to
put another view, to enter dialogue, or in any sense seek to temper or
restrain the security demands its citizens legitimately make of it.
There is some evidence – and still more ideological affirmation
(Bobbitt 2002; Günther 2005) – suggesting that, while this syndrome
may not yet be hegemonic, the tide of history is moving decisively in
its favour; that in late modern societies this is the only form in which
the liberal democratic state can reconnect with what are today more
expectant, choice-conscious consumer-citizens. Part of our broader
purpose is to stand firm against the ‘end of history’ (Fukuyama 1992)
move which announces the inevitable triumph of the market-state and
to suggest, instead, that it remains possible to imagine and give insti-
tutional effect to another viable and legitimate role for the state in the
production of citizen security. But first we must pinpoint what exactly
is pathological about the consumerist prospectus and the practices that
it licenses. Here, four points can usefully be made.
First, consumerism tends too readily to presume that public
demands for order are entirely benign. This is an improbable depiction.
That many individuals today are or feel insecure and make demands
for greater policing resources can hardly be disputed. But these
‘populist’ penal measures form but one strand of a ‘volatile and contradictory’
field that includes, inter alia, the application of managerialist strictures and risk-
based, actuarial thinking to policing and punishment (O’Malley 1999; Garland
2001; Harcourt 2006). However, it is at least possible to interpret such ‘counter’
trends, and the new forms of professional knowledge and organization that they
give rise to, not as alternative security syndromes of the kind that may warrant
separate treatment here, but as techniques for enabling government to bend the
will of, say, police or probation officers to the express preferences of their cus-
tomers. On this reading, managerialism and actuarialism are for consumerist
populism.
204 Securing states of security
demands seldom take shape merely as measured calls for action based
upon cool, sober calculations of risk. Rather, public sensibilities
towards, and demands for, order are often laced with emotions (anger,
resentment, fear, anticipated pleasure, etc.); situated in narratives
about the trajectory of one’s personal biography, or the past, present
and possible futures of one’s local or national community (Girling et al.
2000); and not infrequently motivated by parochial desires for injus-
tice, xenophobic antipathy towards others, or unattainable fantasies of
absolute security (Markell 2003). When, in other words, people speak
of crime and disorder, and make claims for this or that level of security
provision, they are always also giving voice to a series of fears about,
and hopes for, the political community in which they live, and to the
insecurities that flow from their sense of place within it. They may do
so, moreover, in ways that are by no means consistent with the idea
that security is a good available, by reason of their membership alone,
to all members of that community.
Second, this syndrome assumes that consumer preferences for par-
ticular styles and levels of policing can and ought to be met. This is an
implausible aim. Such demands lay claim to resources that are finite,
and which have to be funded and prioritized. They may articulate com-
peting visions of what policing objectives and styles should be. They are
often pressed by middle-class constituencies replete with economic and
social capital in ways that risk distributing policing resources in inverse
relation to crime risks (Hope et al. 2001). And they make claims that
are not easily sated in the terms in which they are presented – claims
that all too easily result in a vicious, self-propelling circle whereby lay
demands and the security measures put in place in a bid to meet them
are both endlessly ratcheted up. Yet at the same time, demands for state
policing express forms of solidarity towards strangers and an implicit
attachment to the idea of public provision. They indicate, in turn, a
prior commitment to putting security in common and pursuing it
through democratic institutions and practices – a commitment to the
exercise of ‘voice’ rather than ‘exit’ (Hirschman 1970). All this, rather
than pointing in the direction of implicitly endorsing, and uncritically
seeking to satisfy, demands for policing in the name of consumer-
responsiveness, suggests that such demands are best recognized by
being brought within institutional arrangements that subject them, and
their supporting identities, narratives and resource claims, to the
scrutiny of democratic dialogue.
The democratic governance of security 205
Authoritarianism
Security, as the above discussion reminds us, may be said to be ‘perva-
sive’ when it becomes the prevailing discourse for understanding social
problems, the lens through which they are defined, examined and acted
upon. It is pervasive when it begins, in these ways, to acquire a certain
colonizing force, or ‘everywhereness’, when its claims and values (to
take ‘tough’ policing and punishment-centred measures to protect ‘us’
from ‘them’) prevail in areas of public life and policy (housing, or edu-
cation, or urban planning) where they have no proper business. When
security becomes pervasive it generally coincides with a sense of impa-
tience and urgency; with calls for the unhindered, speedy hand, and
visible display, of executive authority; with deepening levels of intoler-
ance towards minority groups and practices; with evident frustration
at, and calls for the curtailment of, basic rights and liberties. When
security practices and discourse take this form, one can usually be sure
that individuals are, in fact, feeling insecure. The practices of pervasive
security also generally do little to confront the conditions generating
that insecurity, and much that serves to fuel and deepen it. A vicious –
insecurity-sustaining – circle is thereby joined.
Authoritarianism – the third security syndrome we want to address
critically – constitutes one form that such insecurity-perpetuating
spirals may take. This spiral runs – ideal-typically – something like this.
Individuals who live under conditions of pervasive in/security tend to
make demands for what they judge to be ‘hard’ anti-crime measures
(more police, more police powers, crackdowns on this offence or those
suspects, stiffer sentencing, harsher penal regimes and so on) in ways
that display impatience with informed democratic deliberation, seek to
The democratic governance of security 207
discussion – those that are both ‘wide’ in their claimed ambit of policy
relevance and ‘deep’ in their attempts to harness that wide jurisdiction
to a highly prescriptive formula of ontological security. But even in its
deep and wide incarnations, authoritarianism can be as much a matter
of drift as design, and as likely to be coded as a project of social con-
servation as one of transformation. For in the security politics of demo-
cratic societies, authoritarian politics seldom travels under its own
name or announces its arrival in the corridors of power. This, though,
is all the more reason to stay on guard against the authoritarian sensi-
bilities that such societies continue to harbour and the dangers that its
superficially seductive programmes can unleash.
Fragmentation
The fourth security syndrome we want to consider – fragmentation –
is a close cousin of consumerism. Though ‘third way’ proponents of
the latter – notably, in recent years, Bill Clinton and Tony Blair – have
conceived of the consumerist reconfiguration of the state as a means to
stave off the former, it is at least arguable that by endorsing the
market’s self-image, and traducing the ethos of the public domain (cf.
Marquand 2004), consumerism may in fact ferment further fragmen-
tation of, in the present case, policing and security. Having interpel-
lated individuals as consumers of public provision, there is still less
standing in the way of them acting as such and turning their backs on
what the state has to offer (Loader 1999).2
To speak of fragmentation is to refer to the residualization of the state
as a security actor (whether as provider or regulator of provision), as
individuals, communities, organizations and corporations define and
find ways of managing or seeking to eliminate their own security risks –
most pertinently by purchasing tailored protective services and hard-
ware in the marketplace. The market for such goods has today – as we
illustrated at various points in part I – become booming business. In situ-
ations of armed conflict, and post-conflict peacekeeping and recon-
struction, the ‘market for force’ and a range of ancillary police and
12
This is not, it should be said, the view of neo-liberal writers like Bobbitt (2002:
237) who seem to accept that the market-state will in future evolve hand in hand
with ‘devolution and privatization’. Bobbitt cites with approval Martin van
Creveld’s prediction that ‘the day-to-day burden of defending society from low-
intensity conflict will be transferred to the booming security business’.
210 Securing states of security
from the relative weakness or absence of state authority and the conse-
quent impotence of the political actor best placed to foster and give
effect to the sense of collective purpose associated with the realization
of security as a public good. This results, on the one hand, from the for-
mation of individual subjects who come to think of themselves as sov-
ereign consumers utilizing their resources as they see fit in pursuit of
security and, on the other, from the development of new security com-
munities – along, for example, class, or ethnic, or territorial, or inter-
est-based lines – who seek to organize or purchase protective services in
order to meet their self-defined, particularistic needs in ways that func-
tion exclusively for the benefit of members of that ‘club’ (Hope 2000;
Crawford 2006). Two problematic outcomes, in particular, surface
when one or other of these variants of fragmentation takes hold.
First, as consumers or communities pursue, or organize themselves
around, their own conception of what it means, and what it takes, to
be secure, security itself again tends to become pervasive. It is a con-
stitutive feature of markets that consumers are not called upon to
justify the preferences they utilize their purchasing power to satisfy.
They are thus free – or as free as their resources permit – to operate as
‘sovereign’ actors seeking to assuage their security anxieties as they see
fit, as well as to deal with disappointment, or a perceived increase in
risk, or actual instances of victimization, by returning to the market
in search of enhanced levels of protection. Similar problems arise in
respect of particularistic communities organizing, or pooling resources
to purchase, their own security requirements – as we argued in chapter
5 in discussion of Shearing and others’ promotion of the Zwelethemba
model of local capacity building. But the problems of restraining
‘appetites’ for security, and of enabling others to influence the way in
which it is framed and pursued, are compounded in this case by con-
cerns about how minority voices within communal groupings are
regarded and by the tendency to disregard the security interests of
those defined as outside the ambit of communal sympathy and protec-
tion. In other words, the more security provision fragments, and the
weaker public regulatory authority becomes, the more likely it is that
security becomes an expression of the ‘desire for sovereign agency’
(Markell 2003: 22), a condition pursued with little or no acknowl-
edgement of the mutual uncertainty, vulnerability and dependency that
flows inescapably from ‘the activity of living and interacting with other
people’ (Markell 2003: 7).
212 Securing states of security
in ways that enable that always precarious balance between the vices
and virtues of the modern state to be tipped in favour of the latter?
Our point of departure for this exercise is Philip Pettit’s (2001a: ch.
7) recent application to democratic theory, and our understanding of
republican political freedom, of the idea of ‘false negatives’ and ‘false
positives’.3 Pettit is concerned, as we are, with trying to specify
forms of political authority, or state power, that can promote non-
dominating social relations, and hence individual freedom, by ‘track-
ing’ and taking account of the ‘common avowable interests’, and only
such interests, of all parties affected by its decisions and practices. He
describes this, in an early formulation of the argument, as the ‘all-and-
only formula’ (Pettit 1997: 292). For Pettit, interests are ‘avowable’
when they ‘are conscious or can be brought to consciousness without
great effort’, as opposed to being imputed by government bodies; and
they are ‘common’ if they are the product of ‘co-operatively admissi-
ble’ considerations rather than those which are self-interested or
parochial (Pettit 2001a: 156). Discovering such interests, he argues,
requires institutional processes that seek to eliminate ‘false negatives’
(the legitimate but unheard or unreasonably disregarded claims of cit-
izens) by searching for, identifying and including in democratic delib-
eration every relevant candidate for determining how, in the present
case, security resources can be distributed and brought to account in
ways consistent with it being a thick public good. It requires, further,
the removal of ‘false positives’ by rigorously scrutinizing and disal-
lowing claims – which may be pressed insistently, or with great noise
and passion, by well-organized constituencies – that cannot reasonably
be encompassed in any negotiated conception of common interest
(Pettit 2001a: 156–60).
13
Pettit’s mobilization of these notions forms part of his wider intellectual effort
to revive and defend a neo-Roman theory of republican freedom and govern-
ment, other elements of which we will have cause to draw upon in the arguments
that follow (see, especially, Pettit 1997). The contrast between Pettit’s neo-
Roman republicanism, with its concern to create institutional forms that pre-
serve individual freedom understood as non-domination, and neo-Athenian
republicanism, with its view of participation in public life as intrinsic to human
flourishing, is important here and is usefully discussed in Maynor (2003: ch. 1).
Pettit has himself, of course, both singularly and in collaboration with John
Braithwaite, applied republican political theory to criminal justice and punish-
ment, if not to questions of security more generally (Braithwaite and Pettit 1990;
Pettit 2001b).
214 Securing states of security
generates and responds to the claims, and only the claims, of those
with economic capital to spend in security markets or the social
capital necessary to develop their own autonomous protective capac-
ity; at the same time, it possesses no means of identifying and remov-
ing false positives because it operates to privilege the interests and
claims of those with ‘the loudest voices and the largest pockets’
(Shearing and Johnston 2003: 144).
The prevailing syndromes of modern security practice do not, it
seems, perform well when put through the ‘road-test’ set by Pettit’s
republican theory. The democratic credentials of each of them are, for
the major part, found wanting in ways that further expose their short-
comings and strengthen the case for a security practice which can tran-
scend them. With this in mind, our aim now is to ‘turn’ these ideas to
constructive effect. We want, in particular, to revisit the concept of
anchored pluralism introduced in conclusion to the previous chapter
with a view to putting some institutional flesh on the skeleton notion
we sketched there. In so doing, we hope to be able to indicate how the
necessary virtues of the state may be harnessed and given practical
effect in ways that offer all citizens the assurance – and sense of secu-
rity – that flows from having their ideas and interests routinely tracked
and considered by the institutions of a democratic political community
of which their membership is fully acknowledged and to which they
experience a feeling of confident belonging.
Resources
The question of resources speaks to the role that the state is uniquely
able to play in mobilizing and distributing the collective funds that are
The democratic governance of security 217
14
Some of the ways in which this may be done are discussed in chapter 5.
220 Securing states of security
Recognition
Recognition registers the vital importance of a state that governs secu-
rity by fostering routine democratic deliberation among all those
affected by its decisions about security problems – about how and
whether demands for order can be met, how the state should allocate
its limited resources, or how it is to wield its regulatory capacities. The
task here is to devise and sustain mechanisms of public conversation
and contestation in respect of security problems and how to apprehend
them, mechanisms whose guiding orientation is that of inclusion. The
value of recognition lies, in short, in recognizing the value of institu-
tional arrangements which make it ‘possible for the significantly dif-
ferent voices in the society to express themselves in a way that others
have to hear and honour’ (Pettit 1997: 131).
The benefits of recognition are essentially twofold and have broadly
to do with legitimacy and effectiveness – with both inputs and outputs.
In the first place, recognition is indispensable to addressing the
problem of false negatives; that is, to preventing state and non-state
security actors operating in ways that prematurely and illegitimately
disregard the interests and ideas of those who can reasonably claim a
stake in the outcome of their decisions. Processes of inclusive public
deliberation which track these interests and ideas thus form a vital
bulwark against domination, a check against the possibility of state
actors proceeding on the basis of their own self-defined and self-
corroborating worldviews, or in defence of whatever sectional interests
have succeeded in catching or capturing the state’s attention. These
processes enable all the recipients of state action and inaction – and
especially those disadvantaged constituencies whose voices are often
unheard or systematically dismissed – to see their claims and concerns
The democratic governance of security 221
reflected in the means by which decisions are arrived at, such that they
can understand themselves as being in part their author as well as their
addressee (Habermas 1996). The principle of recognition is, in this
sense, key to creating within and around the state a public sphere
which can sustain an informed dialogue about problems of insecurity
and how they are framed and responded to, one capable of ensuring
that all voices with a stake in that problem are elicited and considered.
Its purpose is to stimulate more informed conversation about security
in order that the interests and identities of different constituencies are
not only reciprocally acknowledged, listened to and accorded due
respect, but also disputed, relativized and unfixed in ways that facili-
tate possibilities of mutual understanding and learning – a prospect we
elucidate further under the heading of ‘reasons’ below. The institutions
of a public sphere may also, more specifically, foster watchful observers
and critical scrutinizers of state practices as well as being a conduit
through which the state can engage in dialogue about what it means to
think about and seek to realize security as a public good.
Recognition is beneficial, secondly, in seeking to reduce or minimize
the tendencies of the state towards idiocy; that is, in countering the dif-
ficulties that it routinely encounters in obtaining the social information
required to accomplish its purposes, including its security purposes.
This problem of cognitive deficits is not peculiar to states, but is a
feature of the relationship between all organizations and their environ-
ments. It is thus not easily rectified, still less wished away. Democratic
processes based on the principle of recognition are nonetheless impor-
tant here not only to grounding the democratic credentials of public
institutions, but also to improving the knowledge base upon which
decisions are based, and hence their likely quality. Eliciting and listen-
ing to the views of the widest range of affected individuals, social
groups, non-governmental organizations, professional associations and
other voices in civil society is itself to recognize that the state has no
monopoly on wisdom. It is also to tap into, and put to use, the practi-
cal knowledge whose benefits pragmatist democrats from James C.
Scott to Charles Sabel to Clifford Shearing quite properly insist upon.
In either respect, the aim is to generate allocative and regulatory prac-
tices that are informed by, and take notice of, the experience of those
who are going to be affected by them, and to seek to make good through
public conversation the respective information deficits that bedevil not
only public authority, but all agents and agencies that promise or seek
222 Securing states of security
15
There is an extensive theoretical and ‘applied’ literature on deliberative democ-
racy upon which one can draw in this context. Notable theoretical contributions
include, inter alia, Habermas (1996); Bohman and Rehg (1997); Dryzek (2000)
and Gutmann and Thompson (2004). More practice-oriented interventions can
be found in Fishkin (1991) and Ackerman and Fishkin (2002).
The democratic governance of security 223
Rights
Let us, thirdly, consider the value and significance of rights. In so doing,
we want to articulate a conception of rights not as a counterpoint to
224 Securing states of security
the claims of security against which the latter must be ‘balanced’, but
as a vital ingredient of a civilizing security practice (Waldron 2003a;
Loader forthcoming a). We want, further, to temper the inflated hopes
and ambitions that are sometimes associated with the idea of rights –
such that rights become the organizing principle of contemporary pro-
gressive politics, or the closest that western secular culture comes to
having an article of faith – whilst at the same time recognizing their
place within any plausible conception of the good society (Ignatieff
2001). Our aim, in short, is to situate rights within our four-pronged
heuristic for reconfiguring security, and thereby to emphasize their con-
tribution to the practice of civilizing security – a theoretical move that
leads one to highlight three indispensable elements.
A regime of rights seeks, first of all, to place a check on the coercive
capacities of the state. By guaranteeing all members of a political com-
munity certain basic political and civil freedoms – to free expression,
political association, a free press, privacy, family life, a fair trial, against
cruel and degrading punishment and so forth – legally enforceable
human rights prevent the state from acting as an arbitrary dominating
force, and stop it from meddling illegitimately with the basic entitle-
ments of citizens. They further require that these constraints upon state
power are given practical force through the creation of plural mecha-
nisms of enforcement and redress, ranging from an independent judi-
ciary, to ombudsmen, to specialist agencies tasked with monitoring and
exposing rights abuses and generally facilitating a human rights culture
(Patten 1999). Rights, in this classic ‘first-generation’ sense, do provide
a particular check against those political and social forces who seek to
make security pervasive – pursuing it with impatience towards, and dis-
regard for, the limits that rights necessarily place on the unbridled
pursuit of public protection. This accounts, at least in part, for the
depiction of an opposition between security and rights that has become
commonplace within political and legal discussion of these issues (cf.
Goold and Lazarus forthcoming). In so far as this routine depiction has
a rational kernel, it inheres in the counter-majoritarianism that is the
hallmark of rights regimes – in particular, the protections they offer
unpopular minorities whose interests the state can easily be tempted to
move against in the name of security.6
16
It is for this reason, as we intimated in chapter 1, that the idea of a right to secur-
ity has to be approached with great caution. If, as we find in some of the classic
The democratic governance of security 225
Reasons
Reasons – or, more accurately, the idea of public reason – signal the
importance of bringing sustained social contestation to the practice of
security. Public reason bears in this respect a close relationship to
recognition, which it supplements in significant ways. Recognition, as
we have seen, is concerned with searching for and identifying the
claims of all constituencies affected by allocative and regulatory deci-
sions in the field of policing and security. It is, as such, geared to
addressing the problem of false negatives, to ensuring that the ideas
and interests of all citizens are tracked and considered in public dia-
logue and state decision-making. But recognition, if it operates in iso-
lation, evinces several lacunae. While resolving the problem of false
negatives it has no means of addressing satisfactorily that of false pos-
itives; in fact, practices of recognition can if they function well bring
forth a paralysing surfeit of claims which the principle of recognition
offers no way of discriminating between. Recognition lacks, further,
any means of resolving a potential and worrisome paradox of public
deliberation in the security field; namely, that the more citizens inter-
est themselves in, and talk about, security problems (qua security prob-
lems) the more threats they will unearth, the more anxieties they will
feel, and the more police officers they will demand to tackle or assuage
them. Recognition, in short, has a tendency to re-enact the pathologies
of consumerism, as well as the problems associated with certain vari-
ants of interest-group pluralism or multiculturalism (Pettit 1997: 205).
By continuing to treat naked preferences, or group identities and
demands, as fixed ingredients and raw materials of political life, recog-
nition risks translating into the field of security a ‘politics of identity
mired in social resentment’ (McBride 2005: 504).
Rights, as we have seen, go some way towards checking the illiberal
outcomes that the principle of recognition may licence. But if rights too
are treated in isolation, then the solution they offer errs too much in
the opposite direction. For rights offer only a negative, defensive reac-
tion to the problem of promiscuous demand, leaving individual pref-
erences and social identities unquestioned and in place. The idea of
public reason also in part has this negative quality, weeding out out-
comes that cannot satisfy common-interest considerations. But it seeks,
in addition, to give more constructive, purposive shape to public delib-
eration about policing and security. The exchange of reasons sets out
228 Securing states of security
to give practical effect to the fact that public conversation has as its
resilient ‘watchword’ that venerable maxim of natural justice – ‘always
listen to the other side’ (Skinner 1996: 15). But this brings with it a
refusal to accept that giving a proper hearing to all affected parties
within processes for allocating and regulating policing capacities
means that ‘we consider every possible demand for recognition as
morally legitimate or acceptable’ (Honneth 2003: 71). The practice of
civilizing security cannot and should not mean that. The principle of
public reason thus adds to the institutional matrix for governing secu-
rity the expectation that the demands raised in fora of public deliber-
ation are to be called into question, rigorously scrutinized, and
defended and revised, in a process aimed at identifying which security
claims can reasonably be said to be oriented to considerations of the
common interest, rather than being motivated by unbridled emotion,
or the pursuit of self or parochial interests. Public reason aims, in short,
to address the problem of false positives that is at least in part gener-
ated by efforts to guard against false negatives. It seeks to expose and
disallow those demands for order or public resources which are incon-
sistent with, or a danger to, the idea of security as a public good, and
thereby respond to lay demands and allocate resources in ways that
sustain the forms of democratic common life that supply their partici-
pants with a sense of shared identity and secure belonging.
There exist several different strands of writing on the idea of public
reason that one may mobilize and draw upon in this context, not all of
which are equally conducive to the above-mentioned purposes. One of
these – taking its cue from Rawls (1999) – tends to make the stipula-
tions of public reason too exacting, such that the test of reason
becomes overly determining of substantive outcomes – whether by
keeping certain hotly contentious items from the agenda of public
debate in the name of social cohesion or good governance, or by estab-
lishing decision-making protocols that narrowly circumscribe what a
rational outcome can look like. The danger here is that the demands of
public reason become so heavy that they strip citizens of the motiva-
tion to engage in deliberative processes of resource distribution and
problem-solving in the first place. The converse danger – one we asso-
ciate with proponents of agonistic variants of radical democracy
(Laclau and Mouffe 1985; Mouffe 2000) – is that the demands of
reason are rendered too permissive. In an effort to avoid being overly
prescriptive of the outcomes of democratic processes, or of the kinds
The democratic governance of security 229
of claims and arguments that can legitimately be put within them, the
idea of reason is limited, on this view, to whatever the participants
decide they want it to be: the aim is to initiate processes of inclusive,
presumptively conflictual, public dialogue and let their participants
make of, and do with, them what they will. The risk here, in our view,
is that the idea of public reason stops doing any real work at all, offer-
ing neither ‘rules of the game’ whose at least partial insulation from the
game itself may find a principled basis of justification, nor sufficiently
robust mechanisms for ensuring the proper scrutiny of irrational, illib-
eral, sectarian or other false positives. One is left, in effect, with little
that has not already been supplied by the principle of recognition.
We want in the present context – taking our lead from the construc-
tivist universalism of Jürgen Habermas (e.g. 1996) – to develop and
deploy a third approach to the value of public, or communicative,
reason. This holds that something akin to Pettit’s (2001a: 156) notion
of ‘common avowable interests’ can serve as a regulative ideal for prac-
tices of public conversation and contestation around questions of secu-
rity, but that the substantive content of such interests, and the reasons
that are held to be admissible and inadmissible within institutional
processes guided by the search for them, and even the elementary
ground rules for allocating reason-generative voice within these insti-
tutional processes (Tully 2002), will be formed and reformed by and
within the process of reflexive discussion and justification. In the
context of the institutional matrix for the democratic governance of
security whose elements we are elucidating here, this conception of
public reason has both a negative and a positive component.
In the former respect, its purpose is to unfix, and open up to negoti-
ation, the claims and identities that are brought into forms of public
dialogue about security. The aim is to fashion deliberative institutions
which refuse to treat unreasoned expressions of preference, or emo-
tionally laced demands for order, or the claim of this or that group for
particular levels of policing provision or social protection, as
immutable facts of political life – demands that have uncritically to be
responded to in the form in which they present themselves. This is true,
in the first place, of the claims of economically and socially disadvan-
taged groups which, say, policing or security authorities may be
required to make special and methodologically imaginative efforts to
elicit and take account of. Having been thus recognized, the claims of
these groups must themselves be subject to democratic scrutiny and
230 Securing states of security
social connectedness that exist among their members, and generate out-
comes that broadly sustain the forms of democratic common life, and
its attendant sense of publicness, that are indispensable to the secure
belonging of all citizens in ethnically and socially pluralistic societies.
The task, as such, is not to pretend that all claims can be acceded, that
all can or will be winners. It is, rather, to engage citizens in public rea-
soning about security in ways that enable them to see that the political
freedom of each and all is more likely to be guaranteed through their
participation with others in forms of common deliberation (the specific
outcomes of which they may not always concur with) than by pursuing
their own safety as individual ‘sovereign consumers’ in the marketplace,
or clubbing together within particularistic communities, or falling for
the seductive security promises of strong, superficially responsive rulers.
And in facing that challenge, we should be aware that the security div-
idend of a public reason of which citizens may be persuadable is only
in part the generation of a separate ‘how to’ knowledge product. It is
also, as we argued in the previous chapter, a dividend which is intrinsic
to the very process of seeking common cause, since a publicly reasoned
conception of security is one whose pursuit and provisional resolution
already gives us more reason to feel secure in our membership of the
public in question.
There is clearly more that can be said about each of these elements of
a civilizing security practice and about how one might seek, institu-
tionally, to embed them. But we hope to have done sufficient to demon-
strate how the state – conditioned in the ways we have described by the
four Rs of resources, recognition, rights and reasons – can democrati-
cally govern security in a manner that nurtures and sustains the forms
of abstract solidarity and trust between strangers that is the hallmark
of security as an axiomatic element of quotidian social and political
relations. Any political community, it seems to us, that wishes to civi-
lize security and release its civilizing potential will need to find some
way of giving practical effect to these four Rs, even if the institutional
means by which this is accomplished will necessarily be shaped by the
history, culture and social trajectory of a given society, and therefore
differ from one national context to another.
Axiomatic security, security understood as a thick public good, secu-
rity that is consistent with the republican ideal of non-domination, is
‘not maximised in a society in which each person cowers behind the
232 Securing states of security
heaviest, highest walls that they can build or that the state can provide’
(Pettit 1997: 266). In such a society, for reasons we have amply docu-
mented in this book, security, or rather insecurity, in fact becomes a
pervasive, self-fulfilling and ultimately liberty- and democracy-eroding
phenomenon. Axiomatic security – the capacity to live together
securely and confidently with risk – flows, rather, from the seemingly
paradoxical situation in which individuals are prepared to acknowl-
edge their mutual vulnerability to the intimates and strangers that they
dwell with and amongst, and willing and able to trust both the co-
citizens upon whom their security depends and the social institutions
that give practical effect to their membership of a democratic political
community.
Viewed in this light, the overriding purpose of regulatory arrange-
ments that aim to give effect to more axiomatic forms of security is not
to be the servant of partisan or parochial interests, or to satisfy without
scrutiny appetites for order that may be motivated by desires for injus-
tice, or xenophobic fears of the alien and unknown, or fantasies of
absolute or sovereign security (Markell 2003). Their purpose, instead,
is to subject those anxieties and desires to the power of reflection. It is
to make plastic the apparently fixed interests and social identities that
sustain them. It is to stimulate acknowledgement of the constitutive
vulnerability of life lived inescapably among others, of the dignity of
our interdependence, and of the virtues, but also the risky, unsettling
unpredictability, of the activity of seeking to address and resolve con-
flict politically (Warren 1996; Keenan 2003: ch. 4; Markell 2003:
177–89). It is in all these ways to subject demands for order to demo-
cratic governance. This mode of regulatory politics must, in so doing,
appeal to and mobilize those motivational feelings of identification
with, and belonging to, a common political community that presently
exist among members of such communities, and seek to deepen and
extend the expressions of solidarity with strangers, and commitments
to the security and political freedom of all citizens, that are an imma-
nent part of people’s sense of allegiance to an ongoing collective
project. If we take this as our lodestar, we can better orient ourselves
towards fashioning – along the lines sketched in the second half of this
chapter – the forms of minimal, rights-regarding policing practices that
can, materially and symbolically, underpin the confident assurance
individuals draw from being recognized as part of the ‘common public
culture’ of a democratic polity (Miller 1995).
The democratic governance of security 233
W
e began this book by trying to distance ourselves from some
of the more immediate manifestations of the security debate
and some of the more exotic articulations of security prac-
tice. In particular we sought to stand back from the post-9/11 debate
on terror, just as we declined the Herculean – even Sisyphean – chal-
lenge of a comprehensive mapping of the real world of security provi-
sion in all its ever-increasing diversity and intensity. We provided what
we claimed were good prudential reasons for these choices. We did not
want our thinking about such a highly charged concept as security to
be distorted by our taking as a point of departure perhaps its most ide-
ologically sensitive location, that of contemporary international –
indeed post-national – terrorism. Equally, we did not want to become
bogged down in a level of detail that would threaten our efforts to
provide a sharp overview of what is at stake – politically, culturally and
institutionally – in the security debate.
Yet, even if, as we maintain, these arguments are persuasive in their
own terms, is there not a danger of their carrying one unfortunate and,
for us, highly significant side effect? For, the critic might suggest,
perhaps it is just too convenient for an argument that seeks to rehabil-
itate the state’s prior role in security that its proponents situate them-
selves at some remove from the very events and very trends which point
most insistently away from the state as the symbolic and instrumental
centre of security work. In the fraught days since 9/11, our newly ter-
rorized political culture has produced a fresh range of rhetoric, regu-
lation and routines that regularly transcends national borders (see, e.g.,
Chalmers 2004; Günther 2005). As constitutive elements of the ‘war
on terror’ launched in response to 9/11, we have witnessed, alongside
the unilateral assertion of US security interests and the strengthening
of state security institutions, an extension of cross-border surveillance
activity and information sharing, an enhanced role for opaque net-
works of police and intelligence chiefs in Europe, and the deployment
234
Security as a global public good 235
How – in the field of policing and security – can we best make sense of
this project? How might policing be delivered and regulated in these
terms? Can we identify – at the level of normative principle and insti-
tutional articulation – a common public interest in the diverse, multi-
site, multi-actor field of transnational policing? It is a formidable
enough task, as we have seen in the previous chapter, to seek to mobi-
lize the four Rs of civilizing security practice – resources, recognition,
238 Securing states of security
rights and reasons – within the more familiar terrain of state policing,
and to do so in a sufficiently generous and integrated fashion as to
avoid the various and often linked pathologies of paternalism, con-
sumerism, authoritarianism and fragmentation. But these difficulties
are compounded in a transnational context. Paternalism is encouraged
by the introduction of another layer of private and public authority –
a further tier of professional bureaucracy even more remote from the
concerns of national demoi and even more self-confident in the
primacy of its security knowledge and imperatives (see, e.g., Bigo
2000b; Deflem 2003). Consumerist mindsets and methods are stimu-
lated by a focus on crimes of an economic or otherwise esoteric nature
(e.g. art fraud, currency counterfeiting) that are of primary interest to
specialist corners of the security market. Authoritarian tendencies may
encounter an environment made more receptive by the emphasis upon
another set of crimes of which most citizens have only mediated knowl-
edge and which, they are consistently informed through the relevant
political and professional intermediaries, represent threats that are
both existential and increasingly urgent (e.g. terrorism, nuclear theft).
And fragmentation is encouraged by the ad hocracy that attends a set
of developments which are diversely demand-driven and which lack a
prior sense of political community with which they can connect and an
established governance framework to which they are required to
adhere (Sheptycki 2002, forthcoming; Johnston 2006). How might we
steer a prudent course through these dangers?
A useful starting point here, and one that connects closely with the
broader analytical theme of the book, is the collaborative project con-
ducted under the umbrella of the United Nations Development
Programme (UNDP) on ‘global public goods’ (Kaul et al. 1999c;
2003c).1 This project begins with a standard economic definition of
public goods as those whose consumption is ‘non-excludable’ and ‘non-
rival’. We have criticized the deficiencies of such a thin definition at
length in chapter 6, and we will address the drawbacks of this limited
perspective for our understanding of transnational security in due
course. However, the very thinness of the initial definition is also helpful
in highlighting the formidable obstacles that a purely state-centred logic
and architecture places before the realization of global transnational
goods. Because of the externality and free-riding problems associated
11
This is also an important point of reference for Held (2004: ch. 6).
Security as a global public good 239
12
In the course of their analysis Kaul et al. make a valuable distinction between
‘final’ global public goods, which are outcomes (such as a pollution-free environ-
ment) rather than goods in the standard sense, and what they term ‘intermediate’
global public goods (such as international regimes) which contribute to the pro-
duction of these outcomes (Kaul et al. 1999b: 13). We might, in this vein, describe
security as a final global public good and transnational policing as an intermedi-
ate good that can, under the right conditions, contribute to its production.
240 Securing states of security
together to provide for their own consumption at least some of the ben-
efits associated with non-rivalness; namely, cost-efficient provision of a
good whose common supply is no detriment to individual enjoyment.
As we move to a context of high transnational interdependence,
however, not only do the number of market agents or clubs who are
candidate suppliers of the same or overlapping goods exponentially
increase, but other states also become relevant as alternative and
perhaps competing suppliers of the same or overlapping goods.
The introduction of other states into the equation changes the
picture dramatically, for a number of reasons. First, these other states
are typically authoritatively constituted in such a way that their role in
the solution or creation of collective action problems is, broadly speak-
ing, less easily controlled or influenced by the first state than if they
were private or club actors.
Secondly, and again broadly speaking, this matters so much precisely
because other states have a greater capacity for action, and so a greater
propensity not only to produce security-based public goods, but also
to prejudice the first state’s capacity to do likewise, than do other indi-
vidual or club actors. These prejudicial effects may register within the
classic matrix of external security – through aggressive acts of war or
their threat by other states directed against the first state, or through a
shift in the strategies of self-defence of these other states (e.g. the devel-
opment of new weapons systems or the forming of new alliances) so as
to leave the first state more exposed in terms of its actual and perceived
capacity for self-defence (Waltz 1993). Increasingly, however, the
power of other states to prejudice the internal security of the first state
operates through a logic that is more recognizably one of ‘internal
security’; that is to say, through those actual or perceived negative
externalities affecting the first state that are consequential upon both
the effective and ineffective development and pursuit of whichever
domestic policy agendas of these other states are directed towards their
own internal security. For example, these externalities might arise or
might at least be perceived to arise for the first state through the dis-
placement effect of the successful repression by other states of certain
criminal possibilities in areas such as drugs or organized crime, or of
their restrictive approach to asylum applications or other supposedly
‘security-destabilizing’ migratory movements. Conversely, externali-
ties for the first state might arise through the failure of other states to
‘contain’ their own security problems, whether through an ineffective
Security as a global public good 241
and dismissing as mere tautology, what may instead and more chal-
lengingly be viewed as considered sociologically grounded judgement.
If the answer to an unduly ‘thin’ conception of public goods that is
unable to account for any of its particular sites of articulations – in this
case transnational or global sites – is to replace it with a thicker sense,
we still need to demonstrate why and how the ingredients of that
thicker mix might become available at any particular transnational or
global site. How, in other words, does a more socially grounded sense
of security as a public good akin to that which we have sought to locate
at the state level begin to ‘catch on’ in the transnational context? How,
if at all, do we conceive of security provision at the transnational level,
like the statist template, as a platform for the achievement of other
goods of (transnational) political community? How, if at all, do we
conceive of security as an education in transnational society, just as it
has this tutorial role in national society? And how, if at all, do security
concerns and their treatment help constitute transnational publics
alongside similarly constituted national publics? For if we cannot
imagine that, and how at least some of these things in at least some
measure are happening or might happen at the transnational or global
level, then we cannot escape the limits of the instrumental conception
at the transnational and global level.
The very posing of these questions alerts us to just how difficult it
is to answer them with any degree of affirmation. In particular, we
cannot simply assume that the problem is one of time-lag, that in due
course transnational public sentiment and the structures which feed
off and refuel that common feeling will emerge alongside the brave
new practice of international security. There is a wealth of literature
that indicates that despite the deepening of global interdependence,
the growth of institutions of global governance, and an arguably
greater public consciousness of both of these developments, senti-
ments of trust, loyalty and abstract solidarity remain somewhat
‘stuck’ at national or subnational levels – a stubborn tendency that
continues to condition the development of even a relatively mature
post-national political order such as the EU (see, e.g., Grimm 1995;
Weiler 1999; Haltern 2003). There appears not to exist, in other
words, the common store of memories, myths, symbols and language,
or any equivalent basis of affinity, around which forms of identifica-
tion and belonging can coalesce and take shape at a regional or global
level (Held and McGrew 2002: 30). It may appear, then, that the cul-
Security as a global public good 245
13
Consider, as an instance of this, the following conundrum. Which constituencies
– beyond the immediate victims and their families or representatives – are likely
to be outraged or moved to action by an abuse or atrocity involving, say, Europol
officers or members of a UN peacekeeping mission? Possible answers appear to
include: (i) hardly anyone at all; (ii) co-nationals of the victims; (iii) members of
transnational human rights organizations; (iv) co-nationals of the officers con-
cerned; (v) European or globally conscious citizens ashamed that ‘our’ police
have acted in such a way. Our point here is that the answer is currently unlikely
to be (v). This does, however, cut two ways. The lack of affective attachment to
transnational police organizations makes it less likely that public audiences will
seek to deny that ‘our’ police could ever do such a thing, thereby laying the
potential ground for a less prejudiced politics of security (N. Walker 2002b).
246 Securing states of security
State Transnational
1 Thin Thin
2 Thick Thin
3 Thin Thick
4 Thick Thick
14
See, in particular, the so-called ‘neo-neo debate’ in which neo-realist and neo-
liberal institutionalists over the course of the 1980s and 1990s gradually con-
verged on a common agenda of debate and priorities, and even began to share
some founding premises (see Baldwin 1993).
15
The major difference within this school is between the classic realism typified in
the writings of Hans Morgenthau (e.g. 1948) and the structural realism of
Kenneth Waltz (e.g. 1959, 1993) and his followers. Whereas the former stresses
the self-interested character of the states themselves, the latter is more interested
in the instability of an international order defined by the absence of an over-
arching authority and asymmetry of power. However, whether the Hobbesian
problem of international relations is due mainly to the intrinsic ‘nature’ of states
or to their coordination problems, the same basically pessimistic conclusions are
drawn about the possibility of any framework of international cooperation in
which these initial state preferences are qualitatively transformed and deepened
by the very process of such cooperation.
248 Securing states of security
the fort until the structures damaged by Iraq and its aftermath are
repaired or replaced.6
What is true of all variants of the new unilateralism, however, is the
aggressively proactive approach of the USA in pursuit of its conception
of its interest or of the common good. Sometimes the suggestion is made
in the context of the new unilateralism or indeed the post-9/11 approach
to terror more generally (e.g. Ignatieff, 2003, 2004) that while aggres-
sive assertiveness may indeed be the price of a militaristic approach, a
policing-centred approach tends by its nature to be less monocular and
more cooperative. But this must be treated with great caution. To begin
with, as already noted, there is an increased blurring of internal and
external security mentalities, practices and personnel. Secondly, this is
entirely consistent with a logic of empire – or at least of an asymmetri-
cally centred world order – in which external policy tends to be treated
simply as the pursuit of the internal policy of the centre in another arena,
and, reciprocally, internal policy at the centre is pursued with a view to
securing domestic interests against external challenge and threat
(Andreas and Price 2001). As regards the foreign arm of domestic secur-
ity policy, whether it be the overseas activities of the FBI, the DEA
(Drugs Enforcement Administration) or the myriad other forms of
agency and liaison through which the USA establishes a police presence
abroad – and by no means only in its Latin American and Caribbean
‘neighbourhood’ – there is much evidence of the direct pursuit through
widely dispersed security institutions and networks of domestic US
policy agendas in areas such as drugs control, organized crime and
illegal immigration (N. Walker 2003). And, likewise, as regards the
domestic arm of foreign policy, the consolidation of previously discrete
specialist security capabilities and concerns (Immigration and Natural-
ization, the Coast Guard, Customs, Federal Emergency Management,
etc.,) after 9/11 in the Department of Homeland Security, alongside the
development of a more integrated and robust approach to the legislation
of US security interests in compact with the EU and other security areas
16
The post-9/11 (and post-Hardt and Negri 2000) literature on American empire
is voluminous indeed. It ranges not only from the realist to the idealist, but also –
and often cross-cutting the realist–idealist division – from the celebratory to the
denunciatory, and differs greatly on the degree of central control and unity of
purpose which the conduct of empire is claimed to entail. See, for example,
Ikenberry (2002), Barber (2003), Mann (2003), Todd (2003), Johnson (2004)
and Ferguson (2004).
Security as a global public good 251
17
One consequence of this is a continuing propensity to reconceive of security
within the EU as a ‘club good’ – something more appropriate to particular
groups of closely aligned, integration-friendly countries than to the EU as a
whole. This was evident, for instance, in the initial Schengen initiative in 1985,
undertaken by a small group of countries who wanted to anticipate the general
dismantling of border controls within the EU and the new security measures
required to deal with a borderless regime. It has very recently resurfaced in the
form of the 2005 Prum Convention – an initiative by substantially the same
group of ‘core’ EU countries to push ahead with new and potentially wide-
reaching forms of cross-border police cooperation and common operations
outside the framework of the constitutive treaties of the EU (Balzacq et al. 2006).
Security as a global public good 255
Cosmopolitanism
Cosmopolitanism has, since Kant, enjoyed a richly diverse develop-
ment (Kleingeld 1999) and been associated at its outer limits with ideas
of ‘federal’ global government and citizenship. But most contemporary
cosmopolitans do not pitch their ambitions in such terms. Instead,
many of today’s cosmopolitans want to emphasize and give precedence
to two sorts of developments (Archibugi et al. 1998; Held 2004; cf.
Waldron 2000, 2003b; Vertovec and Cohen 2002). First, at the level
of social ontology and normative theory, they want to stress, against
communitarian positions, that an appropriate focus of our attempts to
improve the world should be, and increasingly can be, either human-
ity as a whole or indeed any section of humanity regardless of whether
it is bound together by any special ties of affinity. In turn, this is based
on a conception of human nature which questions the dominance, and
in some cases even the continued relevance, of affective ties rooted in
the traditions and practices of particular state and substate political
communities.8 Rather, as global circuits of communication and inter-
dependence spread, and as institutions develop to articulate and track
these new circuits, this provides a practical context within which
transnational ties of trust, loyalty and common cause can be fostered.
And it is this new range of transnational institutions that provides a
18
A distinction may be drawn here between strict and moderate cosmopolitans,
with only the (less common) former category holding that the community of all
human beings is the exclusive reference point for moral community. See, e.g.,
Kleingeld and Brown (2002).
Security as a global public good 257
second focus of emphasis: not, as said, some rigid and utopian notion
of universal order framed by a world government, but a strengthening
and democratization of the existing mosaic of institutions at global and
regional level, with regions such as the EU given great emphasis as
much for their role as a prototype of the ‘civilian-power’-based possi-
bilities of ‘post-national’ collective action as for their specific contri-
bution to current transnational politics (see, e.g., Zielonka 1998;
Cooper 2003). Cosmopolitanism tends, furthermore, to emphasize the
strengths of global civil society movements and their role, in symbio-
sis with the new institutions, in forging new forms of transnational col-
lective identity and solidarity.
There is much that is attractive in the cosmopolitan vision. On the
one hand, its emphasis on the needs and aspirations of common
humanity – its insistence on regarding ‘nothing human as alien’
(Waldron 2000: 243) – puts the question of global public goods
squarely in focus, and does so within a basically optimistic intellectual
and political framework, one that rejects the sterile dichotomies and
stalled understanding associated with a certain type of conceptual or
sociological essentialism. On the other hand, the rejection of any
simple institutional solutions, or of any complacent sense that new
forms of political community will inevitably emerge around these insti-
tutions after a decent time-lag, and the stress on the need to nurture
forms of popular consciousness in conjunction with institutional devel-
opment sit well with the insight that effectiveness and legitimacy are
intimately related aspirations, and that effective implementation of
global policy – including global security policy – depends on both.
Yet cosmopolitanism remains somewhat predisposed to underplaying
the continuing relevance – and value – of national and other local norms
of political community, and so to making the opposite error to the kind
of preoccupation with national political community that we find in the
different variants of the state-centred approach to international relations
(Fine and Smith 2003: 484). Certainly, modern cosmopolitans do not
want to phase out national institutions. But this seems to be a pragmatic
concession – a recognition of their embedded influence over and thus
indispensability to the development of more robust transnational insti-
tutions – rather than an acknowledgement and appreciation of any irre-
ducible value in local political community and the goods which they can
articulate and provide. The danger, here, is that it is assumed that
because global public goods transcend domestic public goods in scope
258 Securing states of security
and jurisdiction, they also eclipse them in intrinsic value, and that the
appropriate model is one in which domestic public goods are simply
nested within and finally subordinate to the demands of global public
goods.
Such an approach would seem to rest upon one or both of two mis-
takes. In the first place, it may be that, as noted, cosmopolitans simply
fail to acknowledge any irreducible value in local community. And in
our immediate terms, this translates into a failure to view public goods,
including the good of security, as thick socially constitutive and socially
vindicatory goods rather than, as we see for instance in the case of Held
(2004: ch. 6), as merely convergent or instrumental public goods.
Alternatively or additionally – and returning finally to the zero-sum
thinking whose challenge we highlighted at the beginning of the
chapter – even if the thickness of the domestic good of security is
acknowledged, this may be seen as something to regret and to suppress
inasmuch as it is thereby concluded or assumed that a parallel concep-
tion of cosmopolitan solidarity sufficiently robust to address the
common security needs of wider levels of community is automatically
ruled out. On this view, the preferred options are either – much as with
the UNDP – the promotion of a ‘thin–thin’ conception of security at
the state and transnational levels (see figure 1 above), or else a politics
that seeks to build a thick ideal of the public interest at and only at the
global level precisely because it is the level that knows no boundaries
other than common humanity. Such a conclusion, we would argue, is
flawed both as a theoretical understanding of how and why people
come to place and retain matters in common and as a practical strat-
egy to draw upon the sources of social capacity and popular legitimacy
in building an effective framework for the development of global
public goods – including those of policing and security.
in any viable and legitimate global politics of security. The other alter-
natives are also unsatisfactory, though for different reasons. The uni-
lateralist approach merely compounds the problems of the state-centred
approach. The regime approach and the civil society suggest important
institutional and cultural parts of the jigsaw respectively, but do not
solve the whole puzzle.
The way ahead, in our view, and the focus of our closing remarks, is
to provide a principled basis, grounded in a proper understanding of
the plural structure of public goods, on which to give proper recogni-
tion to both levels simultaneously – the universal and the domestic –
and from that starting point to begin to imagine the institutional and
social developments which would give best effect to that plural struc-
ture in terms of the maximization of the net overall state of security.
Such a principled basis starts with a reassertion not just of the virtue
of the state, but, as we discussed at length in chapter 7, of the neces-
sity of that virtue. Just because the public good of security, unlike some
public goods, is about more than the convergence of discrete individ-
ual interests but has in addition an inherently social dimension, and
just because, in consequence, this social dimension is woven into deep
cultural understandings of what it is to constitute a social group as a
public, we cannot ignore this deeper sociological dynamic in forging a
comprehensive framework. Objective security depends on the social
environment, subjective security depends on the quality of social rela-
tions, and our basic sense of preparedness to put things in common is
partly understood through a security sensibility and vernacular on
account of these thick social properties. This, in turn, reinforces the
very sense of trust and confidence, and of rootedness in the social
world, which is the stuff of (subjective) security as a public good. This
is a tightly enmeshed and self-reinforcing set of relations. It both pre-
supposes and consolidates the idea of a resilient unit of political com-
munity, and of a sense of location within that political community, the
paradigm form and basic level of which, as we saw in chapter 7,
remains the state. At this basic level of political community, therefore,
the social dimension of security simply cannot be wished away. It may
be a matter of regret if, building on the meddling, partisan, imperialist
or idiotic tendencies of the state, that social dimension develops in
accordance with a dynamic that encourages paternalistic, authoritar-
ian, consumerist or fragmentary trends, but it cannot be a matter of
regret that the inevitable exists in some form or other.
260 Securing states of security
However, and this is our second point of principle, the fact that there
remains a strong reinforcing dynamic in support of national political
community and national conceptions of security does not mean, as we
have said, that we need despair at the possibility of the parallel realiza-
tion of a global conception of the public good, or that we need conceive
of that higher level merely in ‘thin’ convergent terms. We need not, in
other words, especially if we are to develop the idea and practice of
axiomatic security in the transnational arena, conceive of security
between different and overlapping levels of political community in zero-
or negative-sum terms, and so we need not be resigned as a matter of
sociological default to a state-centred conception of security. Indeed, the
prevalence of such zero-sum thinking is a sign of how the pervasive view
of security we summarized at the end of chapter 6 currently structures
world politics, either in the form of an introverted, fear-laden, reactive
superficiality and its attendant police and militarized mindsets (its
shallow and wide form), or because of the operation in the international
arena of states seeking to defend their particular homogenous and secur-
itized conception of ontological security (its deep and wide form).
There are a number of reasons why we need not accept this state of
affairs and on the basis of which we can transcend such zero-sum cal-
culations. The first takes as its point of departure the purely conver-
gent conception of global public goods. As the ceaseless preoccupation
with international security of even the most state-centred realist schol-
ars eloquently indicates, the fact that states have such a strong self-
interest in security means that they are, and will always remain, willing
participants in collaborative strategies, notwithstanding the difficulties
involved in stabilizing these strategies in institutional terms. Indeed,
the problems of stabilization do not arise from a lack of awareness of
the interdependence, but rather, from an acute and constant awareness
of interdependence coupled with a sometimes unbridled determination
to assert one’s own national interest in the light of the factors of inter-
dependence. Secondly, as the content of the internal security impera-
tive of states is in all cases strikingly similar, states may be encouraged
nevertheless to think of the global public good as something more than
the optimal convergence of presumptively diverse individual state
interests. As we were reminded in chapter 4, perhaps more so than in
any other policy domain all states adhere to the same broad concep-
tion of general order – the same appreciation of (and appreciation of
their need to respond to) their populations’ desire to live in a state of
Security as a global public good 261
19
To return to the EU example, it is easier to think of ‘European security’ as a holis-
tic social good – as something whose value may increase just by the fact of its
being held in common – if one already has a sense of the same process at work
in the nurturing of domestic security. Indeed, the very fact that European secu-
rity ‘makes sense’ in these experiential terms is one of the reasons that the Area
of Freedom, Security and Justice has been pushed so strongly as a catalyst of EU
integration in recent years. Public goods which do not possess that strong social
element, such as the provision of utilities, carry less intuitive appeal when relo-
cated at new sites, although, by the same token, the fact that they do not possess
a thick resonance anywhere else means they are also less likely to provoke strong
resistance from those affected by them anywhere else.
262 Securing states of security
at least some of the time as representing not just national citizens but
also potential ‘citizens of the world’, and where to share a concern for
common humanity is both a necessary assumption and a constituent
part of a sense of regional or global security.
So we must start with states in building the institutional and social
framework necessary for the realization of some thicker notion of the
transnational public interest to parallel and complement state public
interests. But equally we must not and we need not finish with states.
Alongside states, and the bargaining structures and institutions set up
between states, we need some kind of influential regional and global
fora in which those who are not fettered by state interests, and whose
voice and ‘citizenship’ are not defined in exclusively statist terms, can
give fuller rein to their political imaginations and think through the
ways in which security may be achieved as a thick public good at the
global level. The reasons for this are not just ones of political morality
– concerning the increasing demands for a meta-democratic ‘reframing’
of the global order in recognition of these new and old constituencies
who are not well represented by states (Fraser 2005). They are also
intensely practical. States, we believe, are like any actors who have
much invested individually in a particular framework of collective
action, but who can nevertheless imagine another or additional frame-
work of collective action that might better serve the interests they hold
in common. That is to say, they may lack the individual will to seek, or
the collective negotiating dynamic to find, the optimal sense of these
common interests within the existing framework, yet just because of
their awareness of this, they will not necessarily or consistently be
averse to the construction or evolution of alternative frameworks which
do emphasize common rather than merely concurrent interests, and
which may provide both the cultural momentum and the adjusted
incentive structures to realize these common interests. Indeed, if this
were not true in principle, then it would be very hard to understand and
explain existing developments of international and supranational legal
and political regimes that move beyond the thin and unstable logic of
realism or other predominantly state-centred structures of control.
We must, even at this very late stage, remain vigilant in keeping the
promise made in the last chapter not to issue institutional wish lists – an
activity still more presumptuous and elusive in the volatile and precari-
ous world of contemporary transnational security than in the internal
structure of the state itself. In the most general terms, however, we would
264 Securing states of security
10
In particular, the work and research programme of Sheptycki (forthcoming) on
the idea of a transnational ‘constabulary ethic’ is suggestive here. This is partly
driven by the desire to turn the inevitability of high levels of police discretion in
transnational theatres into a virtue. But it is also partly based on a sense that the
idea of a common constabulary ethic is part of the constitutive self-understanding
of security operatives in many different contexts, and that this is driven not just
by professional self-interest or self-regard (of the type discussed under the pater-
nalism syndrome in chapter 8), but by a genuine structural continuity between the
dynamics of security-threatening situations across a broad range of national and
transnational contexts and a real sense of the value of a common policecraft in
repairing these situations.
References
265
266 References
Gamble, A. 1988. The Free Economy and the Strong State: The Politics of
Thatcherism. Basingstoke: Macmillan.
Gans, J. 2000. ‘Privately Paid Public Policing: Law and Practice’, Policing
and Society, 10/2: 183–206.
Garland, D. 2001. The Culture of Control: Crime and Social Order in
Contemporary Society. Oxford: Oxford University Press.
Gerstenberg, O. and C. Sabel 2002. ‘Directly Deliberative Polyarchy: An
Ideal for Europe’, in C. Joerges and R. Dehousse (eds.), Good
Governance in Europe’s Integrated Market. Oxford: Oxford University
Press, pp. 289–392.
Geuss, R. 2003. Public Goods, Private Goods. Princeton: Princeton
University Press.
Giddens, A. 1984. The Constitution of Society. Cambridge: Polity.
Giddens, A. 1991. Modernity and Self-Identity. Cambridge: Polity.
Gilmore, B. 2002. The Twin Towers and the Third Pillar: Some Security
Agenda Developments. Florence: European University Institute
Working Paper.
Gilroy, P. 2004. After Empire: Melancholia or Convivial Culture? London:
Routledge.
Girling, E., I. Loader and R. Sparks 2000. Crime and Social Change in
Middle England: Questions of Order in an English Town. London:
Routledge.
Glaeser, A. 2000. Divided in Unity: Identity, Germany and the Berlin Police.
Chicago: Chicago University Press.
Goldberg, D. T. 2001. The Racial State. Oxford: Basil Blackwell.
Goldsmith, A. 1990. ‘Taking Police Culture Seriously: Police Discretion and
the Limits of Law’, Policing and Society 1: 2–20.
Goldsmith, A. 2003. ‘Policing Weak States: Citizen Safety and State
Responsibility’, Policing and Society 13: 3–21.
Goldsmith, A. and C. Lewis (eds.) 2000. Civilian Oversight of Policing:
Governance, Democracy and Human Rights. Oxford: Hart.
Goldsmith, A., M. V. Llorente and A. Rivas forthcoming. ‘Foreign Assistance
in Colombian Policing’, in A. Goldsmith and J. Sheptycki (eds.),
Crafting Global Policing. Oxford: Hart.
Goldsmith, A. and J. Sheptycki (eds.) forthcoming. Crafting Global Policing.
Oxford: Hart.
Goldstein, H. 1990. Problem-Oriented Policing. London: McGraw-Hill.
Golove, D. and S. Holmes 2004. ‘Terrorism and Accountability: Why
Checks and Balances Apply Even in “The War on Terrorism” ’, The
NYU Review of Law and Security 2/April: 2–7.
Goold, B. and L. Lazarus (eds.) forthcoming. Security and Human Rights.
Oxford: Hart.
276 References
Morganthau, H. 1928. Politics Among Nations: The Struggle for Power and
Peace. New York: Knopf.
Mouffe, C. (ed.) 1999. The Challenge of Carl Schmitt. London: Verso.
Mouffe, C. 2000. The Democratic Paradox. London: Verso.
Muir, W. K. 1977. Police: Streetcorner Politicians. Chicago: University of
Chicago Press.
Mulcahy, A. 2005. Policing Northern Ireland: Conflict, Legitimacy and
Reform. Cullompton: Willan.
Murphy, L. and T. Nagel 2002. The Myth of Ownership: Taxes and Justice.
New York: Oxford University Press.
Muthien, J. and I. Taylor 2002. ‘The Return of the Dogs of War?: The
Privatization of Security in Africa’, in R. Bruce Hall and T. J. Bierstaker
(eds.), The Emergence of Private Authority in Global Governance.
Cambridge: Cambridge University Press.
Nadelman, E. 1993. Cops Across Borders: The Internationalization of US
Criminal Law Enforcement. Philadelphia: Pennsylvania State
University Press.
Neocleous, M. 1998. ‘Policing and Pin-Making: Adam Smith, Police and the
State of Prosperity’, Policing and Society, 8/4: 425–49.
Neocleous, M. 2000. The Fabrication of Social Order: A Critical Theory of
Police Power. London: Pluto.
Neumann, F. 1957. ‘Anxiety and Politics’, in H. Marcuse (ed.), The
Democratic and Authoritarian State: Essays in Political and Legal
Theory. New York: Free Press, pp. 270–300.
Newburn, T. 2003. ‘Community Safety and Policing: Some Implications of
the Crime and Disorder Act 1998’, in G. Hughes, E. McLaughlin and
J. Muncie (eds.), Crime Prevention and Community Safety: New
Directions. London: Sage, pp. 12–122.
Newburn, T. and R. Sparks (eds.) 2004. Criminal Justice and Political
Cultures: National and International Dimensions of Crime Control.
Cullompton: Willan.
Newman, S. 2004. ‘Terror, Sovereignty and Law: On the Politics of
Violence’, German Law Journal 5/5: 569–84.
Nordstrom, C. 2002. ‘Shadow Sovereigns’, Theory, Culture and Society
17/4: 35–54.
North, D. C. 1993. Institutions, Institutional Change and Economic
Performance. Cambridge: Cambridge University Press.
Nozick, R. 1974. Anarchy, State and Utopia. Oxford: Basil Blackwell.
Nussbaum, M. 2002. ‘Patriotism and Cosmopolitanism’, in J. Cohen (ed.),
For Love of Country? Boston: Beacon Press, pp. 131–44.
Nye, J. S. 2002. The Paradox of American Power: Why the World’s Only
Superpower Can’t Go It Alone. Oxford: Oxford University Press.
References 287
Oakley, R., M. Dziedzic and E. Goldberg (eds.) 2002. Policing the New
World Disorder: Peace Operations and Public Security. Honolulu:
University Press of the Pacific.
Oakshott, M. 1949/1991. Rationalism in Politics and Other Essays.
Indianapolis: Liberty Press.
Ocqueteau, F. 2004. ‘Public Security as “Everyone’s Concern”?: Beginnings
and Developments of a Useful Misunderstanding’, Policing and Society
14/1: 66–75.
Offe, C. 2003. ‘The European Model of “Social” Capitalism: Can It Survive
European Integration?’, The Journal of Political Philosophy 11/4: 437–69.
Olsen, M. 1971. The Logic of Collective Action. Cambridge, MA: Harvard
University Press.
O’Malley, P. 1992. ‘Risk, Power and Crime Prevention’, Economy and
Society 21/3: 251–68.
O’Malley, P. 1999. ‘Volatile and Contradictory Punishment’, Theoretical
Criminology 3/2: 175–96.
O’Malley, P. and D. Palmer 1996. ‘Post-Keynesian Policing’, Economy and
Society 25/2: 137–55.
Osborne, D. and T. Gaebler 1992. Reinventing Government. Harmondsworth:
Penguin.
Parenti, C. 1999. Lockdown America. London: Verso.
Paris, R. 2001. ‘Human Security: Paradigm Shift or Hot Air?’, International
Security 26/2: 87–102.
Parker, C. and J. Braithwaite, 2003. ‘Regulation’, in P. Cane and M. Tushnet
(eds.), The Oxford Handbook of Legal Studies. Oxford: Oxford
University Press, pp. 119–45.
Pasquino, P. 1991. ‘Theatricum Politicum: The Genealogy of Capital-Police
and the State of Prosperity’, in G. Burchell, C. Gordon and P. Miller
(eds.), The Foucault Effect. Brighton: Harvester, pp. 115–18.
Pastore, F. 2002. ‘The Asymmetrical Fortress: The Problem of Relations
between Internal and External Security Policies in the European Union’,
in M. Anderson and J. Apap (eds.), Police and Justice Co-operation and
the New European Borders. The Hague: Kluwer, pp. 59–80.
Patten, C. 1999. A New Beginning for Policing in Northern Ireland: The
Report of the Independent Commission on Policing for Northern
Ireland. Belfast: HMSO.
Pettit, P. 1997. Republicanism: A Theory of Freedom and Government.
Oxford: Oxford University Press.
Pettit, P. 2001a. A Theory of Freedom: From the Psychology to the Politics
of Agency. Cambridge: Polity.
Pettit, P. 2001b. ‘Is Criminal Justice Politically Feasible?’, Buffalo Criminal
Law Review 5: 427–50.
288 References
297
298 Index
Derrida, J. 84 France
Dillon, M. 5, 14, 83, 90, 92, 110, 115 civil disturbances 122(n)
Dixon, B. 124, 133 constitutional order 62
Dixon, D. 68, 99 jurisdiction 20
Douzinas, C. 88 penal moderation 197
Doyle, M. 252 police 62
drugs, war on 9, 11 Fraser, N. 223, 263
Dryzek, J. 222(n) Freeden, M. 52(n), 66
Dubber, M. D. 56–8, 61 freedoms
Dunn, John 4 fundamental 54, 84, 111, 207, 224
Dupont, B.1, 30, 121, 131, 133, 139, natural 51
174(n.2) negative 35, 40
Dyzenhaus, D. 90 Friedman, M. 66
Friedrich, C. J. 191
Edwards, A. 128 Fukuyama, F. 203
Elias, Norbert 17, 26, 59
Elliot, N. 67, 148 Gaebler, T. 24, 121
Ellison, G. 104, 123 Gambetta, D. 23
El Salvador 77 Gamble, A. 184(n)
Elster, J. 216 Gandhi, Mahatma 17(n)
Emsley, C. 27, 37, 113, 177 Gans, J. 127
equality of security provision 159 Garland, D. 67, 198, 199, 203(n)
Ericson, R. 11, 102, 127, 128 Germany
Estlund, D. 187 local policing 20
Etzioni, A. 145(n) penal moderation 197
European Gerstenberg, O. 135
Arrest Warrant 87 Geuss, R. 145(n)
cities 37 Giddens, A. 112, 160, 166
Crime Prevention Network 126 Gilmore, B. 87
Forum for Urban Safety 125 Gilroy, P. 207
languages 43 Girling, E. 204
European Convention on Human Glaeser, A. 177
Rights 13(n), 86 globalization
European Union (EU) 2, 3, 20, 21, 87, conditions of 1, 15, 16, 64, 108,
88, 123, 124, 135, 190, 235, 123, 246, 122(n.2)
250–2, 261(n) impact on states 18–19
Goldberg, D. T. 75
Falk, R. 106 Goldsmith, A. 62, 68, 77(n.1), 101,
Feldman, N. 89 123, 199, 235
Ferguson, N. 250(n) Goldstein, H. 121, 202
Ferret, J. 26 Goold, B. 224
Fielding, N. 101 Gordon, P. 76
Fine, R. 179, 257 Gorer, G. 109
Finer, S. 37, 39, 50 Gouldner, A. 109
Finland, police 62 governance
Fishkin, J. 222(n) generally 124, 130–2, 132(n.6), 194,
Font, E. 134 188, 194, 228
Foucault, Michel 27, 59, 107 global 244
300 Index