Foucault, Law, and Power: A Reassessment

After raising doubts about Foucault's approach to law-power, in the light of various acts of religion-inspired violence on and after 11 September 2001, a case is made against this approach, based on the charge that Foucault ties law far too tightly to what he calls negative power. He makes law part of juridico-sovereignty power, a form of power he regards as outmoded, with an outmoded commitment to sovereignty and the state. It is argued that in attempting to separate law from what he sees as the positive power of modern governmentality, Foucault never understands law's role as a part of a crucial balance - between political power, military power, the social, the cultural, the legal, and the economic - a balance that tries to achieve both individual freedom and the security to enjoy that freedom. An alternative way of understanding law, and of understanding sovereignty and the state - the state under the rule of law - is presented as a much better route to an appreciation of law's part in the balance.     

Tolerance and Intolerance, 1976–1998

Early students of political tolerance projected a rapid rise in levels of tolerance, but subsequent research has failed to offer conclusive evidence regarding whether tolerance has, in fact, increased. The General Social Survey (GSS) included the same 15 dichotomous tolerance items in the period 1976–1998, seemingly permitting assessment of trends in tolerance through examination of a standard 0–15 scale. Unfortunately, the validity of these data is uncertain because we cannot rule out the possibility that changes in affect toward the five GSS target groups, not true changes in tolerance, drive movement in the longitudinal series. To address this problem, we reexamine the GSS data from the perspective of past discussions of the meaning of tolerance and intolerance. We argue that that the GSS scale captures two aspects of tolerance: whether respondents are tolerant or intolerant; and, among the intolerant, the breadth and depth of their intolerance. We further argue that the first of these dimensions can be measured validly using the GSS data. Our analyses reveal that, at most, tolerance has increased only marginally in the period 1976–1998.     

Elementary Grade Retention in Texas and Reading Achievement Among Racial Groups: 1994–2002

Students who failed the Texas mandatory third grade reading test were followed through their sophomore year in high school. Comparisons of reading scores between third grade students who repeated the grade and their socially promoted classmates revealed that the positive effect of retention persisted over time. Retention in third grade benefited low‐performing readers regardless of race. Supplemental analyses found that the results are not likely attributable to selection biases, differential attrition of students from the panel, changes in the special education status of students, and regression to the mean effects. Making students repeat a grade, when supplemented with additional educational assistance, can benefit academically challenged children.     

BUILDING A MULTIDISCIPLINARY, COLLABORATIVE CHILD PROTECTION SYSTEM

The process of preparing lawyers and other professionals to work for the benefit of troubled children requires an understanding of concepts that extend far beyond the traditional course structure currently employed in American law schools. It is clear that mental health problems of children and families, compounded by substance abuse, influence behavior, resulting in children entering family and juvenile courts as victims of abuse or neglect and committing criminal acts. It is incumbent on law schools to incorporate training in fields far different from the traditional didactic experience in legal curricula if they are to address the current needs of children and familes who are ensnared in the nation's juvenile justice system. The beginning point of this process is within the legal training apparatus of America. Law schools must expand their curriculum to incorporate other disciplines to produce an advocate capable of serving the interest of children and society.