Deceptive apparatus: Foucauldian perspectives on law, authorised crime and the rationalities of undercover investigation. Issue 2 (2nd April 2016)

• Record Type: Journal Article
• Authors: Murphy, Brendon
• Is Part Of: Griffith law review. Volume 25:Issue 2(2016)
• Page Start: 223
• Page End: 244
• Publication Date: 2016-04-02
• Subjects: Criminal Investigation -- authorised crime -- apparatus -- dispositif -- Foucault -- theoretical study; Law -- Australia -- Periodicals; Law reviews -- Australia -- Periodicals; 349.94
• DOI: 10.1080/10383441.2016.1194956
• Languages: English
• ISSNs: 1038-3441

Abstract

ABSTRACT: Investigation of crime is central to the function and purpose of law enforcement. Contemporary investigation depends on a sophisticated arsenal of theories and techniques interacting with law and its institutions in a variety of ways, including authorised unlawful activity. Drawing on Foucault, this article re-imagines the investigation and associated legal architectures as apparatus; a rationality and strategy of governance shaped by intersecting knowledge formations. The paper considers the key characteristics of investigation and its relationship with law, concluding that investigations practices are a form of apparatus, and that aspects of these practices are grounded in a theological dynamic based on surveillance.