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This article returns to a colonial discourse on crime, criminals,and punishment that the court of justice enunciated and followed during an 8-yearBritish occupation of the Cape of Good Hope in the latter part of 1795. Tappingunusually frank juridical discussions on criminality and punishment in the context ofsovereignty politics, it examines three key matters. Commencing with a description ofthe Cape colony’s inquisitorial criminal procedures, the analysis—following Foucault(2000)—conceives of these as powers (political techniques) through which the Britishclaimed an exclusive capacity to enunciate legal “truths” about specific criminalevents. Second, it analyzes a unique correspondence between the British militarycommander and the court of justice members together with two illustrative criminal casesof the day. These provide a sense of the judge’s knowledge of crime and criminalpunishment in a social context that imagined itself through social differentiation andhierarchy. Third, it reads these colonial power-knowledge formations as generating threecongruent political logics that in hybrid combinations have nurtured segmented, raciallyorientated, and group-based criminal justice arenas. This discussion alludes to thepivotal role colonial discourses of criminal law have played in generating a politicsthat shaped the criminal justice arenas of subsequent social forms. New, and differentlycombined, political logics of sovereignty, discipline, and biopolitics have left adecided legacy to which post-colonial arenas continue to respond

Occupied Cape Judges and Colonial Knowledge of Crime, Criminals, and Punishment