The Potency of the State: Logics of Informality and Subalternity

Abstract

This article serves as an epilogue to the special issue curated by Claire Bénit-Gbaffou and Sarah Charlton with a focus on state power and the concept of informality. In my reflection, I examine the specificity of statecraft in the context of postcolonial government. In particular, I analyse political potency as a relationship between the state and subaltern subjects. Also at stake in this paper is the question of comparative and transnational analysis. In what ways can concepts generated through the study of processes of urban informality in India speak to the production of illegality and the reproduction of rule in South Africa?     

“Institutions and Economic Performance: The Use and Abuse of Culture in New Institutional Economics”: A Response to Heydemann

Applications of institutional analysis to the explanation of economic performance come in many flavors. Some economists have made use of an economics-oriented flavor in treating culture as one component of that analysis. Steven Heydemann uses a more political flavor of institutional analysis to argue that two of these economists, Douglass North and Avner Greif, have overly simplified and homogenized the concept of culture and the way in which it affects economic performance. He goes on to identify several instances in both the economic history and contemporary experience of the Middle East where he claims that such over-simplification has led to shortcomings in the analysis. This paper suggests that while some of Heydemann’s claims have merit, several others are exaggerated.

What Would Mary Douglas Do? A Commentary on Kahan et al., “Cultural Cognition and Public Policy: The Case of Outpatient Commitment Laws”

Involuntary outpatient commitment is a highly controversial issue in mental health law. Strong supporters of outpatient commitment see it as a form of access to community-based mental health care and a less restrictive alternative to hospitalization for people with severe mental illness; vocal opponents see it as an instrument of social control and an unwarranted deprivation of individual liberty. Kahan and colleagues apply the theory of “cultural cognition” in an empirical study of how cultural worldviews influence support for outpatient commitment laws among the general public and shape perceptions of evidence for these laws’ effectiveness. This article critiques Kahan et al. and offers an alternative perspective on the controversy, emphasizing particular social facts underlying stakeholders’ positions on outpatient commitment laws.     

Wilfulness redefined: In re Seagate

In In re Seagate Tech. LLC, the US Court of Appeals for theFederal Circuit redefined wilfulness relating to patent infringement,altered how wilfulness will be litigated, and as a result, manycompanies may reconsider their defensive opinion policies.