Human Nature: Justice versus Power
1971
FOUCAULT:
What I want to say is this: it is the custom, at least in European society, to consider that power is localised in the hands of the government and that it is exercised through a certain number of particular institutions, such as the administration, the police, the army, and the apparatus of the state. One knows that all these institutions are made to elaborate and to transmit a certain number of decisions, in the name of the nation or of the state, to have them applied and to punish those who don't obey. But I believe that political power also exercises itself through the mediation of a certain number of institutions which look as if they have nothing in common with the political power, and as if they are independent of it, while they are not...
It seems to me that the real political task in a society such as ours is to criticise the workings of institutions, which appear to be both neutral and independent; to criticise and attack them in such a manner that the political violence which has always exercised itself obscurely through them will be unmasked, so that one can fight against them.
... Probably it's insufficient to say that behind the governments, behind the apparatus of the State, there is the dominant class; one must locate the point of activity, the places and forms in which its domination is exercised. And because this domination is not simply the expression in political terms of economic exploitation, it is its instrument and, to a large extent, the condition which makes it possible; the suppression of the one is achieved through the exhaustive discernment of the other. Well, if one fails to recognise these points of support of class power, one risks allowing them to continue to exist; and to see this class power reconstitute itself even after an apparent revolutionary process.
CHOMSKY:
Again, very often when I do something which the state regards as illegal, I regard it as legal : that is, I regard the state as criminal...
The concept of legality and the concept of justice are not identical; they're not entirely distinct either. Insofar as legality incorporates justice in this sense of better justice, referring to a better society, then we should follow and obey the law, and force the state to obey the law and force the great corporations to obey the law, and force the police to obey the law, if we have the power to do so. Of course, in those areas where the legal system happens to represent not better justice, but rather the techniques of oppression that have been codified in a particular autocratic system, well, then a reasonable human being should disregard and oppose them, at least in principle; he may not, for some reason, do it in fact.
