The end of policing as we’ve come to know it seems like a radical idea, but radical ideas are warranted when reform doesn’t work. As autopoietic systems, police departments will respond to any efforts to curb their growth; they will resist regulation from outside, preferring to use Internal Affairs divisions to investigate themselves, which is a bit of a joke. All autopoeitic systems prefer self-governance; this is what makes them autopoietic.
In Dostoevsky‘s Crime and Punishment, we see how the legal system becomes just one of several function systems in modern society. Whereas once the law,
Prosecutors are the most powerful officials in the criminal justice system. Their routine, everyday decisions control the direction and outcome of criminal cases and have greater impact and more serious consequences than those of any other criminal justice official. The most remarkable feature of these important, sometimes life-and-death decisions is that they are totally discretionary and virtually unreviewable. Prosecutors make the most important of these discretionary decisions behind closed doors and answer only to other prosecutors.
The slaves were allowed to leave the master’s property with a pass, and any white person could ask to see the pass. The plantations were not inclosed by razor-wire fences or high walls; they weren’t prisons. If the slave owners had made their properties like prisons, they would have placed a much greater burden on themselves. But by giving slaves a pass and giving any white person the right to ask to see the pass, the slave owners delegated power to those whites. Surveillance was thus extended throughout the exterior of the slave owner’s property, even as far as the northern states.
In The Birth of Biopolitics, Foucault describes a transition from a form of government oriented toward justice—however justice is defined by the sovereign—to one based
Penality would then appear to be a way of handling illegalities, of laying down the limits of tolerance, of giving free rein to some, of putting pressure on others, of excluding a particular section, of making another useful, of neutralizing certain individuals and of profiting from others. In short, penality does not simply ‘check’ illegalities; it ‘differentiates’ them, it provides them with a general ‘economy’.