Sarah Snyder
Professor Feola
Gov’t 416: Critical Theory
Assignment #2
On Foucault, “Truth and Juridical Forms”
Michel Foucault may be regarded as the most influential twentieth-century philosopher on the history of systems of thought. His theories focus on the relationship between power and knowledge, and how such may be used as a form of social control through institutions in society. In “Truth and Juridical Forms,” Foucault addresses the development of the nineteenth-century penal regime, which completely transformed the operation of the traditional penal justice system. In doing so, Foucault famously compares contemporary society to a prison- “prison is not so unlike what happens every day.” Ultimately, Foucault attempts to exemplify
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First, institutions control nearly all of the individual’s time. Second, institutions control the individual’s body. (Foucault, “Truth and Juridical Forms” 79-81) As such, “the operation of these institutions implied a general discipline of existence that went far beyond their seemingly precise ends” (Foucault, “Truth and Juridical Forms” 81). Institutions control the entire livelihood of the individual such that his time and body may be transformed into productive labor time and labor power. For example, in school, the individual does not only learn arithmetic and other like subjects, but also the correct, most efficient way to accomplish such. Third, institutions consist of a new type of power, so that all individual relations constitute a power relationship. (Foucault, “Truth and Juridical Forms” 82-83) A relationship of power may be described as a mode of action that acts upon an individual’s actions through which the behavior of an active subject is able to inscribe itself. (Foucault, “The Subject and Power” 342) Institutions work through an authority network of individuals, and power is employed and exercised by individuals through a netlike organization. “Not only do individuals circulate between its threads; they are always in the position of simultaneously undergoing and exercising this power. They are not only its inert or consenting target; they are always also the elements of its articulation” (Foucault, “Two Lectures” 34). Power may take various forms, all of which are employed and exercised by individualsand unto individuals in the institutions of society. In all institutions, there is political and judicial power, as certain individuals claim the right to give orders, establish rules, and so forth as well as the right to punish and award. For example, in school, the professor not only teaches, but also dictates, evaluates, as well as punishes and rewards.
Alexis de Tocqueville’s observation of the American prison system brought out several interesting facts about America and how it governs itself. He talks of the danger of greed for money, the importance of forming associations, and the power of influence in town government. Although many of his observations have since changed, many of them bring about legitimate points about American government and society.
What would the criminal justice system be without punishment? Perhaps, the criminal justice system would not serve a function or cease to exist. Punishment is one of the main facets of the criminal justice system. It holds such significance that it even reflects the beliefs and values of a particular society. Fyodor Dostoyevsky (1821-1881) once said “The degree of civilization in a society can be judged by entering its prisons.” (Pollock, 2010: 315). Punishment has been around since the beginning of civilization. With its rich history, the concept of punishment has been analyzed by some of the most renowned theorists, some of which include Jeremy Bentham, Cesare Beccaria, Adolphe Quetelet and André-Michel Guerry (Pollock, 2010: 318). Once found guilty of an offense the type of punishment must be determined. There are many different rationales used to answer why it is necessary to inflict punishment. Rationales for punishment include retribution, prevention, treatment and rehabilitation. To better understand these rationales ethical systems such as utilitarianism, ethical formalism and ethics of care can be used. The general public should be knowledgeable about punishment, even more so should professionals in the criminal justice field because they are directly linked to it in some way.
Since he cares little for the affairs of the world, claiming they do not mean anything, then justice—a major concern of the world—also means nothing to him. His actions both before and after his decision to kill a man without provocation demonstrate his apathetic view of the world, and his indifference to justice. Therefore Meursault’s search for justice, culminated by the court’s decision to execute him, remains an example to all of the inability of society to instill justice in criminals. Meursault’s perpetual refusal to acquire a sense of morality and emotion instigates skepticism in all who learn of his story of society’s true ability to instill justice in the
...lacks, and men. Furthermore, the competing paradigms influence public policy. Those that maintain acts as voluntary are more inclined to punish the individual or group, however those that are seen to act under determined forces, judge treatment to be more suitable. Even though these theories contrast, they still contain similarities which are shared in the new penology. Aspects are taken from all to create a new perspective on crime that centres on the management of offenders.
The techniques of discipline, which are exhibited most by the prison of Mettray who used the division of the inmate population into hierarchical groups and constant supervision to transform criminals into docile bodies, are still in place today because of the implications they have in medicinal and judicial models. The carceral network and its influence on society has transformed society from a punitive model into a penitentiary model that produced delinquents, transformed the focus from order and offenses to the norms of society, and legalized the power to punish (the great economy of power). The carceral network also allowed the focus of the penal system to mainly focus on punishing and judging normality, allowed for inmates to be captured
The criminal justice system is always criticized for a range of issues concerning the injustices that has taken place throughout history and even today. Many political leaders and social activists have sought to reform the criminal justice system; however, some have realized that there are systematic barriers that inhibit reformation. Political ...
In Western cultures imprisonment is the universal method of punishing criminals (Chapman 571). According to criminologists locking up criminals may not even be an effective form of punishment. First, the prison sentences do not serve as an example to deter future criminals, which is indicated, in the increased rates of criminal behavior over the years. Secondly, prisons may protect the average citizen from crimes but the violence is then diverted to prison workers and other inmates. Finally, inmates are locked together which impedes their rehabilitation and exposes them too more criminal
Mass incarceration is a massive system of racial and societal management. It is the process by which individuals jailed for the criminal structure. Marked culprits and criminals are put in jail for a long time and after that are discharged into a permanent second-class status in which they are stripped of essential civil and human rights. It is a framework that works to control individuals, frequently at early ages, and all parts of their lives after they have been seen as suspects in some wrongdoing. Alexander discusses the three stages in the cycle of mass incarceration. Those three stages include roundup, the period of formal control, and period of invisible.
Through a functionalist perspective, the justice system is an institution based upon the belief that justice, equality and fairness help to form the basic framework of society. If there is deviance, defined as “behavior that violates the standards of conduct or expectations of a group or society” (Witt 135), the society must discover how to deal with it. Examples of crime, which is an aspect of deviance, are theft, murder, and sexual assault. Another concept of this institution is the concept of social control, defined as “the techniques and strategies for preventing deviant human behavior in any society” (Witt 130). Through this concept, the justice system strives to direct individuals to be morally correct. The justice system is a dominant part of this by handling crime through punishment such as arrest. Therefore, when the officers that were a part of the justice system in this article partook in shooting different individuals, this can be viewed as the institution handling deviance through social control. If there was not this social control, then the justice system would not be doing its job that contributes to the overall higher structure of
Foucault’s notion of discourse entails the relationship between “knowledge of the truth” (dialectic) and “practice of the soul” (psychagogy) which is an art of true discourse. These relations bring out the parrhesiastic nature of the philosopher who engages in a true discourse. However, it can be noted that Foucault denies assuming knowledge of truth as the precondition of discourse. Truth is not known to the speaker prior to the utterance of the statements he makes. If the discourse of truth is to be analyzed the “truth” must be regarded as a permanent function of discourse. This suggests that discourse and truth goes hand and hand. Therefore “dialectic” and “psychagogy” do not determine the speaker’s ability when he/she makes a statement
Some theorists believe that ‘power is everywhere: not because it embraces everything, but because it comes from everywhere… power is not an institution, nor a structure, nor possession. It is the name we give to a complex strategic situation in a particular society. (Foucault, 1990: 93) This is because power is present in each individual and in every relationship. It is defined as the ability of a group to get another group to take some form of desired action, usually by consensual power and sometimes by force. (Holmes, Hughes &Julian, 2007) There have been a number of differing views on ‘power over’ the many years in which it has been studied. Theorist such as Anthony Gidden in his works on structuration theory attempts to integrate basic structural analyses and agency-centred traditions. According to this, people are free to act, but they must also use and replicate fundamental structures of power by and through their own actions. Power is wielded and maintained by how one ‘makes a difference’ and based on their decisions and actions, if one fails to exercise power, that is to ‘make a difference’ then power is lost. (Giddens: 1984: 14) However, more recent theorists have revisited older conceptions including the power one has over another and within the decision-making processes, and power, as the ability to set specific, wanted agendas. To put it simply, power is the ability to get others to do something they wouldn’t otherwise do. In the political arena, therefore, power is the ability to make or influence decisions that other people are bound by.
2nd ed. of the book. 2 Park Square, Milton Park, Abingdon, Oxon 0X14.4RN, Routledge. Foucault, M. (1995) Discipline and Punishment. The Birth of the Prison [online].
There are many explanations for what punishment characterises. For Emile Durkheim, punishment was mainly an expression of social solidarity and not a form of crime control. Here, the offender attacks the social moral order by committing a crime and therefore, has to be punished, to show that this moral order still "works". Durkheim's theory suggests that punishment must be visible to everyone, and so expresses the outrage of all members of society against the challenge to their collective values. The form of punishment changes between mechanic (torture, execution) and organic (prison) solidarity because the values of society change but the idea behind punishing, the essence, stays the same - keeping the moral order intact not decreasing crime. Foucault has a different view of the role or function of punishment. For Foucault, punishment signifies political control. His theory compares the age of torture with the age of prison, concluding that the shift from the former to the latter is done due to changes in society and new strategies needed for the dominance of it by the rulers. Punishment for Foucault is a show of power first brutal and direct (torture), then organised and rational (prison). Punishment does not get more lenient because of humanitarian reasons but because the power relations in society change.
There’s too much pressure on the criminal justice system because it is supposed to solve socie-ty’s ills. One of the greatest challenges facing the criminal justice system is the need to balance the rights of the accused criminals against society interest in imposing punishments on those convicted of
Incarceration has not always been the main form of “punishment” when it comes to doing an injustice to society. In fact, in the early 1600’s common forms of punishments for doing wrong in society included social rejection, corporal punishment, forced labor etc. (“Prison History.”). It had not been until the 18th century where it had been determined that incarceration could actually be a form of punishment correlating with a set amount of time in which an individual had to serve dependent on the severity of his actions. The logic behind incarceration is to restrict a person of his liberty as retribution for the crime he has committed (Prison History.”) Prisons that were created in the 18th century gained their recognition because of their high goals in perfecting society. But, the truth is as people were focusing on perfecting society prisons soon became overcrowded, dirty, and most of all dangerous. By the late 19th century many more people had become aware of the poor prison conditions which had led to a “reformatory” movement. The reformatory movement was put into place as a means of rehabilitation for inmates (“Prison History.”) Prisons would now offer programs to reform inmates into model citizens by offering counseling, education, and opportunities to gain skills needed for working in a civilian world. However, with the growing amount of inmates each year prisons are still becoming overcrowded. Because prisons are so overcrowded there are not enough resources being spent on achieving the rehabilitation of inmates and reintegrating them into society in order for them to survive in the civilian world once released from prison (“Prison History.”)