Mariana Valverde
Encyclopedia
Mariana Valverde is the Director and a professor of the Centre of Criminology
, at the University of Toronto
, and does research mainly in the sociology
of law. From the late 1970s, she became involved in feminist and gay liberation
politics in the Toronto
area, writing for activist publications such as The Body Politic
, and publishing Sex, Power and Pleasure with the Toronto Women's Press in 1985. Originally trained in philosophy at York University
, in the late 1980s Valverde retrained as a social historian, publishing an influential study of moral regulation, The Age of Light Soap and Water: Moral Reform in English Canada, 1885-1925 (Toronto University Press, 1991) before entering the field of sociology. Her recent books include Law's Dream of Common Knowledge (Princeton University Press, 2003), an anthology co-edited with Peter Goodrich, Nietzsche and Legal Theory (Routledge, 2005), and an anthology co-edited with Markus Dubber, The New Police Science (Stanford, 2006).
In 2000 Mariana Valverde won the Herbert Jacob book prize from the Law and Society Association
for her book Diseases of the Will: Alcohol and the Dilemmas of Freedom (Cambridge University Press
, 1998).
in Canada.
The New Police Science examines the power granted to police as a basic technology of modern government that appears in a vast array of sites of governance, including not only the state, but also the household, the factory, the military, and — most recently — the global realm of war, police actions, and peacekeeping.
Valverde discusses POGG as the historical clause located in section 91 of the BNA Act, 1867. Relating back to Agamben's State of Exception, also known as the State of Emergency, often initiated during the declaration of war, crisis or conflict, on during a period of internal disorder. This POGG power is held exclusively by the federal government and are not enumerated specifically. In this regard, they are comparable to the United State's use of "police power". She discusses various cases throughout Canada's colonial history that made it all the way to the highest Court in Canada. The Courts have understood these so-called POGG powers as covering (1) extraordinary measures to deal with emergencies, such as "apprehended insurrection"; and (2) areas of regulatory activity not specifically allocated to the provinces and territories.
As the case with US police power
s, POGG powers are largely residual in nature, which means that their specific content has been determined by a mixture of case law
and pertinent federal statutes rather than explicitly by historical constitutional texts. The Canadian version of federalism
assigns the federal government all residual powers to the central government. POGG and police power
are both rooted in the paternalistic logic of governance most famously outlined by Blackstone
. Because POGG powers are also discretionary and residual rather than specified, they can be considered to be police-like.
While POGG's underlying enactment was solely for national emergency powers, this changed somewhat during World War II. While the federal governments have been able to wield most of the regulatory power, the POGG clause has undoubtedly served to first and foremost transfer some of the imperial government's military
logics and exceptional emergency powers to Ottawa
, centrally located, and only second to exercise what Foucault
called biopolitical power, a subform of biopower
(p. 80)
Criminology
Criminology is the scientific study of the nature, extent, causes, and control of criminal behavior in both the individual and in society...
, at the University of Toronto
University of Toronto
The University of Toronto is a public research university in Toronto, Ontario, Canada, situated on the grounds that surround Queen's Park. It was founded by royal charter in 1827 as King's College, the first institution of higher learning in Upper Canada...
, and does research mainly in the sociology
Sociology
Sociology is the study of society. It is a social science—a term with which it is sometimes synonymous—which uses various methods of empirical investigation and critical analysis to develop a body of knowledge about human social activity...
of law. From the late 1970s, she became involved in feminist and gay liberation
Gay Liberation
Gay liberation is the name used to describe the lesbian, gay, bisexual and transgender movement of the late 1960s and early to mid 1970s in North America, Western Europe, and Australia and New Zealand...
politics in the Toronto
Toronto
Toronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...
area, writing for activist publications such as The Body Politic
The Body Politic
The Body Politic was a Canadian monthly magazine, which was published from 1971 to 1987. It was one of Canada's first significant gay publications, and played a prominent role in the development of the LGBT community in Canada.-History:...
, and publishing Sex, Power and Pleasure with the Toronto Women's Press in 1985. Originally trained in philosophy at York University
York University
York University is a public research university in Toronto, Ontario, Canada. It is Canada's third-largest university, Ontario's second-largest graduate school, and Canada's leading interdisciplinary university....
, in the late 1980s Valverde retrained as a social historian, publishing an influential study of moral regulation, The Age of Light Soap and Water: Moral Reform in English Canada, 1885-1925 (Toronto University Press, 1991) before entering the field of sociology. Her recent books include Law's Dream of Common Knowledge (Princeton University Press, 2003), an anthology co-edited with Peter Goodrich, Nietzsche and Legal Theory (Routledge, 2005), and an anthology co-edited with Markus Dubber, The New Police Science (Stanford, 2006).
In 2000 Mariana Valverde won the Herbert Jacob book prize from the Law and Society Association
Law and Society Association
The Law and Society Association is an association founded in 1964. Its members come from many fields and countries and are interested in "the place of law in social, political, economic and cultural life". The association publishes the academic journal Law & Society Review.The LSA's executive...
for her book Diseases of the Will: Alcohol and the Dilemmas of Freedom (Cambridge University Press
Cambridge University Press
Cambridge University Press is the publishing business of the University of Cambridge. Granted letters patent by Henry VIII in 1534, it is the world's oldest publishing house, and the second largest university press in the world...
, 1998).
The New Police Science
Mariana Valverde offers a written critical analysis of the most comprehensive and least comprehended of state powers, the "police-type" powers, broadly understood as the power to maximize public welfare — using its sovereign power of “peace, order, and good government” also known in Canadian political culture as POGG, which can solely be invoked by the head of the executive branch of government, which is the Prime MinisterPrime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
in Canada.
The New Police Science examines the power granted to police as a basic technology of modern government that appears in a vast array of sites of governance, including not only the state, but also the household, the factory, the military, and — most recently — the global realm of war, police actions, and peacekeeping.
Valverde discusses POGG as the historical clause located in section 91 of the BNA Act, 1867. Relating back to Agamben's State of Exception, also known as the State of Emergency, often initiated during the declaration of war, crisis or conflict, on during a period of internal disorder. This POGG power is held exclusively by the federal government and are not enumerated specifically. In this regard, they are comparable to the United State's use of "police power". She discusses various cases throughout Canada's colonial history that made it all the way to the highest Court in Canada. The Courts have understood these so-called POGG powers as covering (1) extraordinary measures to deal with emergencies, such as "apprehended insurrection"; and (2) areas of regulatory activity not specifically allocated to the provinces and territories.
As the case with US police power
Police power
In United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health, and safety of their inhabitants...
s, POGG powers are largely residual in nature, which means that their specific content has been determined by a mixture of case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
and pertinent federal statutes rather than explicitly by historical constitutional texts. The Canadian version of federalism
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
assigns the federal government all residual powers to the central government. POGG and police power
Police power
In United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health, and safety of their inhabitants...
are both rooted in the paternalistic logic of governance most famously outlined by Blackstone
Blackstone
-Businesses:*Blackstone Group, U.S. private equity and asset management firm*Blackstone Career Institute, online training institute*Blackstone & Co, a farm implement and engine manufacturer in Stamford, Lincolnshire until absorbed by Lister in 1937-People:...
. Because POGG powers are also discretionary and residual rather than specified, they can be considered to be police-like.
While POGG's underlying enactment was solely for national emergency powers, this changed somewhat during World War II. While the federal governments have been able to wield most of the regulatory power, the POGG clause has undoubtedly served to first and foremost transfer some of the imperial government's military
Military
A military is an organization authorized by its greater society to use lethal force, usually including use of weapons, in defending its country by combating actual or perceived threats. The military may have additional functions of use to its greater society, such as advancing a political agenda e.g...
logics and exceptional emergency powers to Ottawa
Ottawa
Ottawa is the capital of Canada, the second largest city in the Province of Ontario, and the fourth largest city in the country. The city is located on the south bank of the Ottawa River in the eastern portion of Southern Ontario...
, centrally located, and only second to exercise what Foucault
Michel Foucault
Michel Foucault , born Paul-Michel Foucault , was a French philosopher, social theorist and historian of ideas...
called biopolitical power, a subform of biopower
Biopower
Biopower was a term coined by French Social theorist and philosopher Michel Foucault it refers to the practice of modern states and their regulation of their subjects through "an explosion of numerous and diverse techniques for achieving the subjugations of bodies and the control of populations." ...
(p. 80)