A 'deleterious' effect? : Australian legal education and the production of the legal identity

A body of critical legal scholarship argues that, by the time they have completed their studies, students who enter legal education holding social ideals and intending to use their legal education to achieve social change, have become cynical about the ability of the law to do so and no longer possess such ideals. This is explained by critical scholars to be the result of a process of ideological indoctrination, aimed at ensuring that graduates uphold the narrow and conservative interests of the legal profession and capitalist society, being exercised by law schools acting as adjuncts of the legal profession, and exercised upon the passive body of the law student. By using Foucault’s work on knowledge, power, and the subject to interrogate the assumptions upon which this narrative is based, this thesis intends to suggest a way of thinking differently to the approach taken by many critical legal scholars. It then uses an analytics of government (based on Foucault’s notion of ‘governmentality’) to consider the construction of the legal identity differently. It examines the ways in which the governance of the legal identity is rationalised, programmed, and implemented, in three Queensland law schools. It also looks at the way that five prescriptive texts to ‘surviving’ law school suggest students establish and practise a relation to themselves in order to construct their own legal identities. Overall, this analysis shows that governance is not simply conducted in the profession’s interests, but occurs due to a complex arrangement of different practices, which can lead to the construction of skilled legal professional identities as well as ethical lawyer-citizens that hold an interest in justice. The implications of such an analytics provide the basis for original ways of understanding legal education, and legal education scholarship.

What is the relationship between social governance and schooling?

The most frequently told story charting the rise of mass schooling should be fairly familiar to most of us. This story normally centres around the post-enlightenment social changes of the late 18th and early 19th centuries, and details how society slowly became more caring and more humane, and how we all decided that rather than simply being fodder for the mills, all children – including those from the working-classes - had the right to an education. The more civilised we became, the more we pushed back the school leaving age, until we eventually developed schools which clearly reflected the values and ambitions of the wider community. After all, are school not simply microcosms of society at large? In addition to this, the form that modern schooling takes is regarded as an unproblematic part of the same story. Of course we should organise our learning in the way we do, with the emphasis on formalised learning spaces, graded curricula, timetables of activities, various forms of assessment, and a clear hierarchy of authority. These features of the contemporary education merely reflect the fact that this is self-evidently the best system available. After all, how else could education possibly be organised?

From the panopticon to the playground : disciplinary practices

It is easy to take many of the practices that constitute the contemporary school for granted. Timetables, academic records, rows of desks, playgrounds, guidance counsellors now all seem a natural and inevitable part of an optimal learning environment. However, the evidence suggests that they did not appear by chance. Instead, they were put in place, albeit often in a piecemeal and haphazard way, as part of the process by which a new type of institution was constructed. By understanding the school as a disciplinary society, constituted through a variety of diverse practices, it becomes possible to re-interpret the way we have come to educate ourselves. No longer is the modern school some kind of pedagogic inevitability—simply the best and most obvious way to educate, the end result of two thousand years of trying to finally get it right. Rather, mass schooling, as we know it, is an historical by-product of changes in the way society was organised. It is a contingent collection of particular forms of government, deployed at different historical moments, often for quite different administrative and educational reasons.

Youth, femininity and self-shaping

The arguments in this paper concerned the manner in which young people learn to construct specific types of relationships with themselves. The analysis of this self-making is accomplished by applying Foucault’s four-part model of self-formation, to an examination of the role of manuals such as young women’s magazines in the shaping of various aspects of the ‘youthful self’. The intention has been to provide a set of tools for approaching the issue of young women's magazines which avoids some of the problems associated with critical theory - a paradigm which translates such magazines almost exclusively in terms of social control.

Youth, Sex, and Government

For nearly twenty-five years, the field of youth studies has employed the same conceptual tools to explain the conduct of young people, tools that inexorably lead to the same recurrent conclusions-youth equals resistance, youth equals alienation, youth equals problem. This book offers a way out of this theoretical Groundhog Day. Starting with the familiar notion of youth subcultures, but also addressing topics such as young women's magazines, 'at risk' youth, anorexia nervosa, and HIV/AIDS programs, this book examines the way in which youth is produced as both a governmental object and a set of practices of the self. Employing the ideas of Foucault, Rose and Mauss, this new approach attempts to reinvigorate what is an important-yet slumbering-area of research.

What is in the name of a fashion designer

Currently, fashion quite comfortably covers the space between unique pieces and serialisation, mobilising as necessary the discourses of art or commerce; however, the question of what a fashion designer is remains open. Historically, the image of the fashion designer has been constructed within a heroic and Romantic narrative centred on the concept of designers as artists and hence authors. The recent development of the fashion industry as an image-driven industry, on the one hand, and the placement of fashion in museum contexts on the other, requires a re-thinking of the function of the designer. This paper does not set out to identify a theory that establishes a truthful answer to the position and significance of the fashion designer within the fashion system, but it proposes that an analytical and critical understanding of the fashion designer requires a contextualisation of the philosophies and institutions (including fashion magazines and fashion criticism) that support it.

Youth, personhood and 'practices of the self'

In contrast to most previous research in the field, this paper argues that the concept of 'youth' is best understood as an example of the governmental formation of a specific type of person. It is constructed at the intersection of a variety of diverse problematisations, being produced by the processes of individuation/ normalisation and the regulation of relations of time. Within programs such as those pertinent to the management of sex, an array of technologies structure the practices by which individuals pattern their own conduct - thereby fashioning a kind of habitus. This forms part of a general strategy of enrolling the objects of these programs in their own self-reformation. Consequently, `youth' can be understood as `the doing of specific types of work on the self'. By utilising this framework, the paper not only seeks to identify and better understand some of the sexual subjectivities associated with the construction of youth, it also seeks to offer some new directions for research in the area.

Re-assessing streetkids : a critique of subculture theory

Focusing on the notion of street kids, the paper suggests that youth be viewed in an alternative way to the subculture theory associated with the Center for Contemporary Cultural Studies in Birmingham (CCCS). It is argued that not only is subculture theory an unsuitable mechanism for understanding homeless youth but also, and more importantly, is itself fundamentally problematic. It is suggested that the work of Michel Foucault necessitates a reevaluation of the domain assumptions underlying subculture theory and offers in its place a model that relocates street kids, and youth itself, as artifacts of a network of governmental strategies.

Education research and youth subculture theory

Recent theoretical developments (particularly those involving the work of Michel Foucault) have challenged the foundations upon which subcultural analysis is built. It is not the intention of this paper to take issue with the underpinning neo-Marxist assumptions concerning hegemony, consciousness and culture. Rather, the intention is simply to problematise the use of subculture theory in terms of its totalising, normalising and dichotomising nature.

Youth, sex, and 'practices of the self'

The intention of this paper is to describe ways of avoiding the normalising, globalising and dichotomising tenor of previous research into 'youth'. With a specific focus upon the management of sex, it will be argued that the concept of 'youth' is best understood as an example of the governmental formation of specific types of person, and that 'youth' can be formulated in terms of 'the doing of certain kinds of work on the self'.

Saving schools from abomination and abnormal sex : a discourse analysis of online public commentary about 'queering' school spaces

Homophobic hatred: these words summarise online commentary made by people in support of a school that banned gay students from taking their same sex partners to a school formal. With the growing popularity of online news sites, it seems appropriate to critically examine how these sites are becoming a new arena in which people can express personal opinions about controversial topics. While commentators equally expressed two dominant viewpoints about the school ban (homophobic hatred and human rights), this paper focuses on homophobic hatred as a discursive position and how the comments work to confirm the legitimacy of the schools’ decision. Drawing on the work of Foucault and others, the paper examines how the comments constitute certain types of subjectivity drawing on dominant ideas about what it means to be homophobic. The analysis demonstrates the complex and competing skein of strategies that constitute queering school social spaces as a social problem.

Identifiable, queer and risky : the role of the body in policing experiences for LGBT young people

This paper explores how visibly non-heteronormative bodies mediate policing experiences of LGBT (lesbian, gay, bisexual, transgender) young people, an area that has been mostly ignored in research about policing young people. Informed by interviews with 35 LGBT young people in Brisbane, Queensland, this paper addresses this gap by exploring how the non-heteronormative body mediates policing experiences of LGBT young people. Drawing on Foucault (1984), Butler (1990a), and other queer theory, the paper argues young non-heteronormative bodies visibly perform ‘queerness’, are read by police, and shape police-LGBT youth interactions. While this is complicated by looking at-risk (in terms of risk factors like homelessness, substance abuse), and looking risky (in terms of risk-taking or criminalised activities), the paper concludes noting how youthful LGBT bodies are regulated by police as non-heteronormative and deviant.

De la reconstruction a l’augmentation du corps humain en medecine restaurative et en cybernetique

Aux confluences historiques et conceptuelles de la modernité, de la technologie, et de l’« humain », les textes de notre corpus négocient et interrogent de façon critique les possibilités matérielles et symboliques de la prothèse, ses aspects phénom��nologiques et spéculatifs : du côté subjectiviste et conceptualiste avec une philosophie de la conscience, avec Merleau-Ponty ; et de l’autre avec les épistémologues du corps et historiens de la connaissance Canguilhem et Foucault. Le trope prometteur de la prothèse impacte sur les formations discursives et non-discursives concernant la reconstruction des corps, là où la technologie devient le corrélat de l’identité. La technologie s’humanise au contact de l’homme, et, en révélant une hybridité supérieure, elle phagocyte l’humain du m��me coup. Ce travail de sociologie des sciences (Latour, 1989), ou encore d’anthropologie des sciences (Hakken, 2001) ou d’anthropologie bioculturelle (Andrieu, 1993; Andrieu, 2006; Andrieu, 2007a) se propose en tant qu’exemple de la contribution potentielle que l’anthropologie biologique et culturelle peut rendre à la m��decine reconstructrice et que la m��decine reconstructrice peut rendre à la plastique de l’homme ; l’anthropologie biologique nous concerne dans la transformation biologique du corps humain, par l’outil de la technologie, tant dans son histoire de la reconstruction m��canique et plastique, que dans son projet d’augmentation bionique. Nous établirons une continuité archéologique, d’une terminologie foucaldienne, entre les deux pratiques. Nous questionnons les postulats au sujet des relations nature/culture, biologie/contexte social, et nous présentons une approche définitionnelle de la technologie, pierre angulaire de notre travail théorique. Le trope de la technologie, en tant qu’outil adaptatif de la culture au service de la nature, opère un glissement sémantique en se plaçant au service d’une biologie à am��liorer. Une des clés de notre recherche sur l’augmentation des fonctions et de l’esthétique du corps humain réside dans la redéfinition m��me de ces relations ; et dans l’impact de l’interpénétration entre réalité et imaginaire dans la construction de l’objet scientifique, dans la transformation du corps humain. Afin de cerner les enjeux du discours au sujet de l’« autoévolution » des corps, les théories évolutionnistes sont abordées, bien que ne représentant pas notre spécialité. Dans le cadre de l’autoévolution, et de l’augmentation bionique de l’homme, la somation culturelle du corps s’exerce par l’usage des biotechnologies, en rupture épistémologique de la pensée darwinienne, bien que l’acte d’hybridation évolutionnaire soit toujours inscrit dans un dessein de maximisation bionique/génétique du corps humain. Nous explorons les courants de la pensée cybernétique dans leurs actions de transformation biologique du corps humain, de la performativité des mutilations. Ainsi technologie et techniques apparaissent-elles indissociables de la science, et de son constructionnisme social.

Resistance : re-imagining innovation in higher education teaching and learning

The call to innovate is ubiquitous across the Australian educational policy context. The claims of innovative practices and environments that occur frequently in university mission statements, strategic plans and marketing literature suggest that this exhortation to innovate appears to have been taken up enthusiastically by the university sector. Throughout the history of universities, a range of reported deficiencies of higher education have worked to produce a notion of crisis. At present, it would seem that innovation is positioned as the solution to the notion of crisis. This thesis is an inquiry into how the insistence on innovation works to both enable and constrain teaching and learning practices in Australian universities. Alongside the interplay between innovation and crisis is the link between resistance and innovation, a link which remains largely unproblematized in the scholarly literature. This thesis works to locate and unsettle understandings of a relationship between innovation and Australian higher education. The aim of this inquiry is to generate new understandings of what counts as innovation within this context and how innovation is enacted. The thesis draws on a number of postmodernist theorists, whose works have informed firstly the research method, and then the analysis and findings. Firstly, there is an assumption that power is capillary and works through discourse to enact power relations which shape certain truths (Foucault, 1990). Secondly, this research scrutinised language practices which frame the capacity for individuals to act, alongside the language practices which encourage an individual to adopt certain attitudes and actions as one’s own (Foucault, 1988). Thirdly, innovation talk is read in this thesis as an example of needs talk, that is, as a medium through which what is considered domestic, political or economic is made and contested (Fraser, 1989). Fourthly, relationships between and within discourses were identified and analysed beyond cause and effect descriptions, and more productively considered to be in a constant state of becoming (Deleuze, 1987). Finally, the use of ironic research methods assisted in producing alternate configurations of innovation talk which are useful and new (Rorty, 1989). The theoretical assumptions which underpin this thesis inform a document analysis methodology, used to examine how certain texts work to shape the ways in which innovation is constructed. The data consisted of three Federal higher education funding policies selected on the rationale that these documents, as opposed to state or locally based policy and legislation, represent the only shared policy context for all Australian universities. The analysis first provided a modernist reading of the three documents, and this was followed by postmodernist readings of these same policy documents. The modernist reading worked to locate and describe the current truths about innovation. The historical context in which the policy was produced as well as the textual features of the document itself were important to this reading. In the first modernist reading, the binaries involved in producing proper and improper notions of innovation were described and analysed. In the process of the modernist analysis and the subsequent location of binary organisation, a number of conceptual collisions were identified, and these sites of struggle were revisited, through the application of a postmodernist reading. By applying the theories of Rorty (1989) and Fraser (1989) it became possible to not treat these sites as contradictory and requiring resolution, but rather as spaces in which binary tensions are necessary and productive. This postmodernist reading constructed new spaces for refusing and resisting dominant discourses of innovation which value only certain kinds of teaching and learning practices. By exploring a number of ironic language practices found within the policies, this thesis proposes an alternative way of thinking about what counts as innovation and how it happens. The new readings of innovation made possible through the work of this thesis were in response to a suite of enduring, inter-related questions – what counts as innovation?, who or what supports innovation?, how does innovation occur?, and who are the innovators?. The truths presented in response to these questions were treated as the language practices which constitute a dominant discourse of innovation talk. The collisions that occur within these truths were the contested sites which were of most interest for the analysis. The thesis concludes by presenting a theoretical blueprint which works to shift the boundaries of what counts as innovation and how it happens in a manner which is productive, inclusive and powerful. This blueprint forms the foundation upon which a number of recommendations are made for both my own professional practice and broader contexts. In keeping with the conceptual tone of this study, these recommendations are a suite of new questions which focus attention on the boundaries of innovation talk as an attempt to re-configure what is valued about teaching and learning at university.

A tale of two cities: Education responds to globalisation in Hong Kong and Singapore in the aftermath of the Asian Economic Crisis

It has been suggested that although the most theorisation about globalisation has emerged from “western” contexts, the material implications of globalisation have been felt most strongly in non-western regions. With this in mind, we are undertaking a situated analysis of how two states, Singapore and Hong Kong, are interacting with the broader processes of globalisation through their educational policies. We apply Foucault's conceptual tool of governmentality to understand (i) the conduct of governing in the contemporary nation-state, and (ii) how the “right” rationalities are being inculcated by government to create “desiring subjects” who will play their part in ensuring national prosperity. We use the Asian Economic Crisis as a point of departure to show how global-local tensions are being managed by Singapore and Hong Kong. We conclude that both these global cities have adroitly managed the Asian economic crisis to steer their citizens away from pursuits of greater political freedom and towards concerns of material well being. They have done so through a selective interpretation of globalisation, by simultaneously resisting and embracing the contradictory strands of globalisation. Education has emerged as a critical space for this selective absorption of globalising trends.