The Shadow of the Law: Adversarial Formalism in Prisoner-Staff Relations

Abstract

Abstract The law is commonly described as one of the major forces shaping contemporary correctional institutions. However, we still lack a satisfactory understanding of how it has affected power relations behind bars. Drawing from two ethnographies of French correctional facilities, this article finds that changes to the material environment where incarcerated people and correctional staff interact have altered the relational economy of prisons and jails more than legal actions have. To avoid litigation, prison administrators design and use countless graphic artifacts, which has further reshaped the adversarial nature of social relations in prisons and jails. This bureaucratic approach has introduced the form of the law into the most banal of everyday communications between prisoners and authorities, replacing the informal asymmetrical interpersonal negotiations that have traditionally maintained order. Building on Robert Kagan’s typology of modes of policy making and dispute resolution, I re-examine power relations in contemporary French prisons and jails as a tension between formal and informal framings as well as hierarchical and participatory organizations of authority. I call this hybrid relational economy, where the force of the law lies mostly in its formal shadow, adversarial formalism.

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