I have written previously on violence, both in its symbolic form (e.g. graffiti) and in its literal form (i.e. the death penalty.) Part of what interests me about violence is that I encounter extreme forms of it on a regular basis through my work as a criminal defense lawyer (murder, aggravated assault with a deadly weapon, domestic violence, and so on), but I believe what interests me is this: “violence” is not simply a physical act; “violence” is often an act of ideology. And it is frequently more effective as such.
It is here where the water gets a little deeper…(and perhaps those who have followed my blog regularly—and a tremendous, and most sincere “thank you” to anyone who does this—might see a point of continuity among my blogging over the past year.)
So into the deep water, then…
In 1970, French theorist Louis Althusser wrote an influential paper expanding upon his concept of ideology, titled “Ideology and Ideological State Apparatus (Notes Towards An Investigation).” At the center of his paper was a discussion of the State.
Althusser saw the State as a “machine” of repression, insofar as the State enables those who control it to maintain power over the subjugated and working classes. “Repression” (oppression) is a form of violence, and may be either physical (for example, being incarcerated) or may be ideological (for example, the system of public and private schools and universities.)
The power and influence of the State is maintained by the repressive structure of the “State Apparatus.” The “State Apparatus” consists of two interrelated, but distinct, concepts: the Repressive State Apparatus (RSA) and the Ideological State Apparatus (ISA).
The Repressive State Apparatus (RSA)
The RSA primarily operates directly by physical violence. Althusser sees the Government, the Military, the Police, the Courts, and the Prison system as manifestations of the RSA. All of these institutions enact bodily control (physical control) over the individual—prison, for example, literally by confining the individual.
Althusser suggests that the RSA’s operate as a sort of “shield” for the ISA’s, as they provide for a direct, physical method to enact the influence and oppression of the ISA’s. The Law, as explained below is an ideological concept (an ISA), but the means of enforcing the Law and maintaining the Law are physical (and thus, are a function of the RSA.)
The Ideological State Apparatus (ISA)
ISA’s, on the other hand, operate primarily by ideology, but ultimately by violence. (Both the RSA and ISA are a function of violence, insofar as even the ideology of the ISA eventually operates via oppression.) ISA’s consist of ideological institutions and structures, such as the concept of The Law, politics, religion, and family. So what is the function of ISA’s relative to the physical violence of RSA’s? ISA’s operate to subtend the dominant ideology and maintain the status quo. (There is always a dominant culture formed by dominant ideology, and subcultures formed by subcultural, or less widely held, ideology.)
Probation? Yes, Probation
Probation, in my estimation, is exemplary as both a functioning of the RSA and ISA. Monthly reporting in person, urinalysis, ankle monitors or interlock machines on cars, community service—the ways that probation acts on the physicality of an individual are myriad. On the other hand, probation furthers the dominant ideology. Common conditions of probation such as: have a job or be in school; take care of your family; avoid persons and places of disreputable character—all of these mirror and further the dominant ideology (i.e. dominant ideology says that you should have a job or be in school; that you should take care of your family; that you should avoid persons or places of disreputable character; and so on.) When the ideology doesn’t “take”, the individual is sent to jail or prison for more severe application of the RSA and ISA.
(If you recall my Halloween blog about Kafka’s short story and the Harrow, then it is tempting to see the tattooing process of the machine as an extreme method of inscribing ideology on the body—the ultimate intersection of the RSA and ISA. Maybe, maybe not.)
Notes
The overriding aim of this blog, and indeed of most of my blogs, is to encourage critical thinking about what we do, why we do it, and such (e.g. why is graffiti punished so harshly? why don’t “tough on crime” policies work and why do we have them? and so on.) Above, I would suggest, is another way to look at the criminal justice system and, more generally, about the way power and violence work in the world around us.
Critical thinking is part of not only being a criminal lawyer, that’s part of being a responsible human being.