Foucault’s Law: The Crime and Disorder Act 1998

Abstract

This article draws on the theories of Michel Foucault to develop a particular characterisation of the Crime and Disorder Act 1998. In short, it is argued that Foucault’s historical portrayal of the penal system finds clear and strong echoes in the recent UK criminal justice legislation. The development of sophisticated techniques of discipline and control found in key aspects of the 1998 Act reflects his description of finely graded and systematically applied interventions in the context of delinquent (and pre-delinquent) behaviour. The implications of this are considered, both for the burgeoning machinery of youth justice, and also for young people who are likely to be subjected to these intensified forms of coercive practice.