‘Technologies of Responsibility’

In her important monograph, In Search of Criminal Responsibility, Lacey explores changing relations between individual and state and charts the history of growing state ‘confidence in the possibility of shaping the habits and dispositions of citizenhood’ through the criminal law and other legal measures. She concludes, ‘we are seeing not so much a replacement of one paradigm of responsibility by another, but rather an accumulation of conceptions or “technologies” of responsibility.’ This chapter considers these controversial new hybrid legal orders such as the ASBO and its successors with which the state seeks to instil habits of respectable citizenship and to secure civil order. These diverse powers engraft new techniques of ‘responsibilization’ on to existing criminal laws, designed to police ‘irregular’ citizens who occupy precarious places at the margins, such as youth, those engaging in anti-social behaviour, the poor, and the homeless. Arguably these technologies do not signify the growth of state confidence so much as its resort to regulatory fixes to intractable problems of governance. It concludes by considering the implications of these developments for the attribution of responsibility both in and outside the criminal law.