Risk, Prevention And Conditional Citizenship In Post-Welfare Societies

Risk, Prevention And Conditional Citizenship In Post-Welfare Societies Presented by: Mrs. Zedner Date: 20 November 2020 Outline - Brief reflection on Nordic exceptionalism - The Safety Relation - to what end? 'pure safety' or 'civil peace'? - Dynamics of inclusion & exclusion under globalization - Changing tolerance of risk in post-welfare states - Risk & punitive prevention in the post-welfare state - Conditional citizens - Failed citizens & enemies of the state - Enlisting responsible citizens - Conclusion Brief Reflection On Nordic Exceptionalism - Prospects for Nordic exceptionalism? - Rise of risk & preventive laws - Risky populations & exclusionary practices - Can inclusive welfare-approach to citizens survive? - Citizenship as legal status - citizen/non-citizen binary or conditional on conformity? - Post-welfare societies as possible futures for Nordic penal policy & practice? - The changing nature of the 'safety relation' The Safety Relation - Hobbes Leviathan (1651) • 'The office of the Sovereign (be it a Monarch or an Assembly) consists in the end, for which he was trusted with Sovereign Power, namely ... the safety of the people' - - Safety relation is at core of the social contract – • Sovereign state as guarantor of order • Citizens submit to state authority under criminal law In modern democratic political community: citizens are mutually accountable - call one other to account via policing, criminal process & punishment - But what do we mean by safety? Two Concepts: Pure Safety Or Civil Peace - Limits of the 'pure safety conception' (Waldron) - law & order - Securing conditions of 'civil peace' (MacCormick) - flourishing of political community under the rule of law - Under the pure safety model – • More security laws & preventive measures • Criminal law expands • Due process rights sacrificed in name of security • Resort to positivism - Limits of the 'pure safety conception' (Waldron) - law & order - Securing conditions of 'civil peace' (MacCormick) - flourishing of political community under the rule of law - Under the pure safety model - Dynamics Of Inclusion & Exclusion Under Globalization - Nation state - bordered political community of citizens - bound by shared values - Globalization generates large mobile populations, mass mobility & supranational laws - Impact on state sovereignty - Can the state-citizen nexus survive? Implications for state-citizen relations • Nordic model: citizens as insiders, non-citizens as outsiders • Post-welfare 'insecurity' societies: citizenship is conditional Changing Tolerance Of Risk In Post-Welfare States - In neo-liberal states as safety net of welfarism unravels, insecurity & demands for safety rise • Vulnerable citizens seek protection from incivilities & disorder, not just serious threats • Reassurance policing for anxious public • Or rising intolerance of difference? • Community rights of review & remedy for anti-social behaviors - a 'safety net for victims' • Safeguarding agenda for vulnerable adults, children, students & others • Safe spaces on campus & elsewhere Creating Conditional Citizens - Welfare replaced by 'technologies of responsibility' (Lacey) - Shift from social problems to individual responsibility - Preventive orders (ASBO & after) impose prohibitions prescriptions, curfews & penalties for breach - To create categories of precarious citizen – • Marginalized citizens - young, poor, unemployed, homeless & mentally ill • Irregular citizens - antisocial youth, drug & alcohol dependent • Inadequate citizens - fail to accord with social norms of civility & order • From 'Broken Windows' policing to 'Broken People' Failed Citizens & Enemies Of The State - Outlaws & 'predators' - persistent, dangerous, sexual or violent offenders - 'Enemies of the state' - would-be terrorists & extremists - Exclusion & banishment – • Internal exile by forcible re-location • Detention - extended, indefinite & whole life sentences • Immigration detention & removal • Temporary exclusion & passport seizure • Citizenship stripping & deportation • Legalizing statelessness Enlisting Responsible Citizens - - - As state provision declines, enlisted citizens required to – • Protect self, family & property • Deliver public goods & social care • Uphold civil order & security Vigilant citizens required to police • Parental duty to control offspring • Duty to report suspicious behaviors to police or security • Duties on institutions under Prevent Duty & Protect Duty Breach of positive duties is a crime leading to fines or prison Conclusion Unsafety in the post-welfare state - Welfare societies & social insurance – the 'good life' for all - Post-welfare societies – austerity, cuts to social services, inequality, increased poverty & homelessness - Preventive measures tackle symptoms not causes of disorder - 'Peace is more than merely the absence of disorder; it is order on just terms, achieved by legitimate means' (Brown) - As Nordic nations stand at a crossroads the experience of post-welfare societies serves as a timely warning ...