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The concept of the ‘pre-criminal space’ has seen increasing uncritical use in countering terrorism policy since 9/11. It is understood by critical scholars primarily as a new legal temporality that brings forward the ‘threshold of criminal responsibility’, thus allowing for pre-emptive, suspicion-based criminalisation. This has allowed for the validation of measures such as arbitrary arrest and detention, bogus trial and restrictions on liberty, and is evidenced as being applied in an Islamophobic and racialised manner to entire communities. Furthermore, in our contemporary moment of Covid-19 where the emergency tools used to regulate hygiene and infection intersect with those used in countering terrorism work, critics are increasingly concerned about the expansion and normalisation of the pre-criminal space and its use in pathologising and medicalised ways. Using archival research, this article adapts the contemporary concept of the ‘pre-criminal’ to a historical and medico-legal context. In doing so it traces how the history of infectious diseases – in particular VD – has shaped the space through slippages between hegemonic understandings of morality, hygiene, vagrancy and extremism. I show how the ‘vagrant’ nature of disease marked racialised, gendered and classed subjects as potentially infectious and immoral. Looking particularly at the regulation of sex workers in British-occupied Egypt, I conceptualise the power struggles between actors including the British administration, British abolitionist feminists and the Egyptian government as a securitisation network which infiltrated the lives of Egyptians and marked them as suspicious. I further show how the encroachment upon everyday lives was made even more possible through the implementation of martial law. In this way, I suggest that contemporary British forms of pre-criminality and risk can be understood as a latent form of coloniality present in law-making practices.
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