Historical and Anthropological Exploration of the Criminalization of Bodies and Capital Punishment in Gaborone.

This is not an article but rather a 'conceptual note': for my proposed PhD research, which I would appricate research funding to see this embroyogenic work come to life and maturity.

This proposed research aims to interrogate the historical and contemporary intersections of state sovereignty, mechanisms of social control, and the administration of death in Gaborone. Employing both historical and ethnographic methodologies, this study seeks to illuminate how traditional moral codes and punitive practices surrounding homicide have transformed into a formalized medicolegal system. These transformations, heavily influenced by the processes of colonialism, industrialization, urbanization, and subsequent postcolonial developments, introduced and entrenched frameworks of social order, security, and control.

Building on Bernault’s (2006) concept of "carnal fetishism" in 20th-century equatorial Africa—where colonial officials’ disciplinary focus extended beyond physical bodies to their symbolic representations—this research will explore how the criminalization and execution of individuals have been utilized to instill fear, maintain social hierarchies, and legitimate state authority. Stepputat (2014) highlights the role of bodies, both living and deceased, as key sites for the articulation and exercise of state power. Additionally, I will approach the problem of criminalization of bodies and their justified execution from the sanitation syndrome lens-which Maynard (1977) defined as powerful medical “metaphor to shape perceptions and influence or justify behavior.”

Thus, like former colonial officials of the mid-20th century, present-day Botswana state officials treat those convicted of homicide as infectious epidemic, which if left untreated can infect the very moral-legal fabric of society. Consequently, their execution can be seen as rational sanitation project. This study will expand upon such analyses to situate the phenomenon of capital punishment in Gaborone within broader theoretical and historical contexts.

Historical Context

The inquiry will trace the emergence and institutionalization of novel responses to major crimes during both colonial and postcolonial periods, focusing on their unprecedented nature in precolonial Africa. These developments introduced formal legal codes, prisons, penal systems, and ultimately, the use of capital punishment. Howarth (2007) has linked these institutional shifts to wider societal transformations, including the stratification of criminals versus law-abiding citizens, the diseased versus the healthy, and the living versus the deceased. Giddens (1991) attributes the institutionalization of such societal challenges to the erosion of ontological security, whereby modernity’s reliance on bureaucratic institutions fostered an increasingly structured response to social problems. Similarly, Kellehear (2007) describes this process as the "gentrification" of morality, whereby urban professional classes shaped evolving norms surrounding crime, punishment, and governance.

By mapping the historical evolution of formal legal and penal systems across the African continent, beginning in the 19th century, the study will contextualize Botswana’s adoption and continued use of capital punishment. This historical grounding will provide insights into the dynamics between colonial legacies, local traditions, and contemporary legal practices.

Anthropological Focus

The research will critically examine why Botswana, a democratic society in the present day, continues to employ what Bernault (2004) refers to as "carnal technologies"—what can be regarded as the renewed interest in the? resacralization of bodies—within the context of this research it can be identified as a mechanism for regulating society through capital punishment of so called criminalized bodies. Specific research questions include:

1. To what extent is capital punishment effective in reducing murder rates in Botswana, particularly in comparison to neighboring Southern African countries?
2. What does the adoption and retention of capital punishment reveal about sociocultural and political conceptions of state authority, the body, death, and power in Gaborone?
3. Beyond serving as a deterrent for major crimes such as murder, what broader societal functions does capital punishment fulfill in contexts where it remains in practice?
4. How do the laws and practices surrounding capital punishment shape everyday perceptions and actions concerning life, death, and justice in Gaborone?
5. To what extent are notions of "autochthony" and "allochthony" (Geschiere, 2010) relevant to the continued practice of capital punishment in Botswana?

Methodology

To address these research questions, the study will employ a combination of historical and ethnographic methods. Data collection will include:

• In-depth interviews: Conducted with legal professionals, penal officials, executioners, representatives of civil society organizations (both proponents and opponents of capital punishment), and cultural authorities.
• Participant observation: Attending court cases, observing executions, and engaging in immersive interactions with penal officials and legal experts.
• Archival research: Examining historical legal codes, penal system records, execution data, appeals, and capital punishment-related documentation specific to Botswana, with a focus on Gaborone.

These methods aim to provide a holistic understanding of the sociocultural, legal, and historical dimensions of capital punishment in Botswana.

Theoretical Framework

The study will engage critically with Foucault’s (1975) concept of "biopolitics" and Mbembe’s (2003) notion of "necropolitics" to engage with the interplay between state power, society, and the medicolegal control of bodies, living and dying. These theoretical perspectives will frame the analysis of how bodies, as both material and symbolic entities, are central to practices of governance, discipline, and control. Additionally, the study will examine the ontological implications of these practices, particularly in the context of the "ontological turn" in anthropology (Henare et al., 2006; Pedersen, 2012; Holbraad and Pedersen, 2017). By treating Gaborone as a site of "multiple worlds" (Pickering, 2017), the research will move beyond paradigms of social constructionism as articulated by scholars such as Kelly (2014) and Woolgar and Lezaun (2013, 2015). By situating Gaborone’s capital punishment practices within these broader theoretical debates, the study seeks not only to trace the epistemic and existential dimensions of punishment, conformity, and death. But to uncover how local practices articulate with global discourses on sovereignty, morality, and justice. The research will also engage with the anthropology of death, punishment, and societal norms,

?In summary, this research endeavors to provide a nuanced and anthropological rigorous exploration of the historical, cultural, and political dimensions of capital punishment in Gaborone. Through an interdisciplinary approach, it aims to contribute to a deeper understanding of the complex dynamics between state authority, social control, and the body in Botswana.

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