Beruflich Dokumente
Kultur Dokumente
Alan Hunt*
At the first meeting with the new graduate students in recent years to give a
brief indication of `where I'm coming from' I have got into the practice of
saying that I want to get Foucault and Marx into bed together. Though brief
and worth at least a smile, if not a laugh, it catches pretty accurately what I
have been thinking about over the last period. It also introduces the two
books that will frame this essay.
My first encounter with Marx was via the, thankfully shortened, edition of
Marx's The German Ideology.1 In my teens I had never been so excited by a
book. The grand sweep of its universal human history was startling. I recall
copying out long sections and rereading them aloud. My second book is one
that continues to engage me. During my first reading of the introductory
volume of Foucault's The History of Sexuality2 I was interested in an idea
that I was already open to, namely, that sexuality had a history, but was
rather deflected by my naive preoccupation with the question as to whether
his thesis about the Victorians and the `repressive hypothesis' was right or
wrong. I was also alienated from much of the suggestive potential of this text
by its narrow equation of law with monarchical sovereignty.
Subsequently I have re-read this, also thankfully short, book more often
than I have any other, each time getting new and different things from it, but
always coming away with varying dissatisfactions or intellectual itches. It
* Department of Law, Carleton University, Ottawa K1S 5B6, Canada
1 K. Marx, and F. Engels `The German Ideology' [1845±46] in Karl Marx Frederick
Engels Collected Works Vol. V (1976) 19±539. I no longer have my original cheap
Moscow edition that was doubtless picked up from a second-hand book stall.
2 M. Foucault, The History of Sexuality (1976/78).
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became clear to me that The History of Sexuality was a work of transition
located at the point of rupture between Foucault's preoccupation with the
transition between the two major forms of domination that have
characterized modernity, in brief, from sovereignty to discipline, to his
shift to the concern with the relationship between the governance of others
and the governance of self that featured in his final years.
It is significant that while neither of my two selected texts directly
engages with law, they both have wide ranging implications for law. I hasten
to add that I have come to realize that I do not think law as a more-or-less
independent phenomenon is what interests me; rather, law continues to
engage me because it exemplifies the dual dimension of being an institution
with coercive capacity that functions predominantly through discourses and/
or ideology.
I should say something about how these interests came to be formed. I
have long thought of myself as a product of the distinctive form of British
Labour welfarism that characterized Britain after the Second World War.
Born during the war into a family slowly becoming lower middle-class,
whose optimism about the possibility of making a better world kindled a
commitment to education in a house that was itself devoid of books and
whose enthusiasm for education made much of my early childhood, if not
exactly miserable, one that put more pressure for attainment than I was
enthusiastic about. I was entered to sit for scholarships, separated from my
local school friends, and sent to one of those classically illiberal institutions
that occupied a space between the elitist public schools and the state
secondary schools. St. Albans School suffered the indignity of being one of
the oldest schools in the country but could not claim this antiquity because
its existence had not been continuous, having been briefly closed during the
dissolution of the monasteries. So, without any formal provenance, it sought
to drive its pupils to attainment; the only legitimate aspiration was entry to
Oxbridge. This was done by imposing radical dividing practices; for
example, we were made to wear a multi-coloured blazer which meant that I
always ran the risk of abuse or a beating from the local kids as I made my
way home. It probably was not intentional but it seemed that the school
wanted to make study a drudgery and to extinguish any fun or excitement in
the learning process. There was also a suffocating formalism which meant
that to study humanities one had to take either English or Classics (Latin and
Greek); so my wish to study History, Geography, and Economics ended up
as a programme in Maths, Physics, and Chemistry! I completed my
schooling with indifference.
I did not flourish under these conditions and remain bitter that the most
tangible legacy was that I came to feel ashamed of my family and never
invited school friends to visit. I do not know how or why it happened but I
seemed in my mid-teens to have struck out towards independent study. I
started to haunt the local library and began taking out famous books. I read
Bertrand Russell on the history of philosophy and started on the classical
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3 Many years latter I stumbled on some notes I had made at the time and was
embarrased by my enthusiasm for a linear causality in the historical process.
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595
596
8 I. Taylor and L. Taylor (eds.), Politics and Deviance: Papers From the N.D.C.
(1973).
9 P. Fitzpatrick and A. Hunt, Critical Legal Studies (1989).
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598
11 P. Veyne, Bread and Circuses: Historical Sociology and Political Pluralism (1976, tr.
B. Pearce, 1990).
12 P. Bourdieu, Distinction: A Social Critique of the Judgement of Taste (1979).
13 A. Hunt, Governance of the Consuming Passions: A History of Sumptuary Regulation
(1996).
14 P.R. Corrigan and D. Sayer, The Great Arch: English State Formation as Cultural
Revolution (1985).
15 A. Hunt, Governing Morals: A Social History of Moral Regulation (1999).
16 Bourdieu, op. cit., n. 12, p. 435.
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REVISITING MARX
My first encounter with The German Ideology was rather like beachcombing,
picking over incomphrensible passages of Marx's vitriolic polemic against
German philosophers I had never heard of and then, all of a sudden, coming
upon powerful gems that seemed to make sense of the way the dispersed
elements of a complex reality were connected. The passages that struck me
are many that have acquired an instant recognizability for me and many
others:
If in all ideology men and their relations appear upside-down as in a camera
obscura this phenomenon arises just as much from their historical life-process
as the inversion of objects on the retina does from their physical life-process.18
Perhaps most striking of all:
The ideas of the ruling class are in every epoch the ruling ideas: i.e. the class,
which is the ruling material force in society, is at the same time its ruling
intellectual force. The class which has the means of material production at its
disposal, consequently also controls the means of mental production, so that
the ideas of those who lack the means of mental production are on the whole
subject to it. The ruling ideas are nothing more than the ideal expression of the
dominant material relationships, the dominant material relationships grasped
as ideas.19
Maybe I can risk just one further passage that excited me and came to have
special importance for my thinking about law:
For each new class which puts itself in the place of one ruling before it is
compelled, merely in order to carry through its aim, to present its interests as
the common interest of all the members of society, that is, expressed in ideal
form; it has to give its ideas the form of universality, and present them as the
only rational, universally valid ones.20
However, the Marx that I want to bring into play with Foucault is a rather
different Marx than the one that so excited me as a teenager. Then it was his
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21 id., p. 41.
22 id., p. 31.
23 id., p. 35.
601
24 K. Marx, The Civil War in France (1960); K. Marx, The Eighteenth Brumaire of
Louis Bonaparte (1963).
25 K. Marx, Capital: A Critique of Political Economy: Vol. III (1959) 772.
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FOUCAULT'S RESISTANCE
603
28 id.
29 M. Foucault, `Nietzsche, Genealogy and History' [1971] in The Foucault Reader, ed.
P. Rabinow (1984) 76±97, at 89.
30 M. Foucault, The Use of Pleasure: Vol. II, The History of Sexuality (1984, tr. R.
Hurley, 1985) 9.
31 B. Hindess and P. Hirst, Pre-Capitalist Modes of Production (1975) 314; P. Bourdieu,
The Logic of Practice (1980, tr. R. Nice, 1990).
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CONCLUSION
40 P. Miller and N. Rose `Governing Economic Life' (1990) 19 Economy and Society
1±31.
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609