Academics From France

"The political, ethical, social, philosophical problem of our day is not to try to liberate the individual from the state and from the state's institutions but to liberate us both from the state and from the type of individualization which is linked to the state. We have to promote new forms of subjectivity through the refusal of this kind of individuality which has been imposed on us for several centuries."

"Maybe the target nowadays is not to discover what we are but to refuse what we are."

"All those movements which took place in the fifteenth and sixteenth centuries and which had the Reformation as their main expression and result should be analyzed as a great crisis of the Western experience of subjectivity and a revolt against the kind of religious and moral power which gave form, during the Middle Ages, to this subjectivity. The need to take a direct part in spiritual life, in the work of salvation, in the truth which lies in the Book—all that was a struggle for a new subjectivity."

"All these present struggles revolve around the question: Who are we? They are a refusal of these abstractions, of economic and ideological state violence, which ignore who we are individually, and also a refusal of a scientific or administrative inquisition which determines who one is."

"The pastorate was formed against a sort of intoxication of religious behavior, examples of which are found throughout the Middle East in the second, third, and fourth centuries, and to which certain Gnostic sects in particular bear striking and indisputable testimony. In at least some of these Gnostic sects, in fact, the identification of matter with evil, and as absolute evil, obviously entailed certain consequences. This might be, for example, a kind of vertigo or enchantment provoked by a sort of unlimited asceticism that could lead to suicide: freeing oneself from matter as quickly as possible. There is also the idea, the theme, of destroying matter through the exhaustion of the evils it contains, of committing every possible sin, going to the very end of the domain of evil opened up by matter, and thus destroying matter. Let us sin, then, and sin to infinity. There is also the theme of the nullification of the world of the law, to destroy which one must first destroy the law, that is to say, break every law. One must respond to every law established by the world, or by the powers of the world, by violating it, systematically breaking the law and in effect, overthrowing the reign of the one who created the world."

"The new governmental reason does not deal with what I would call the things in themselves of governmentality, such as individuals, things, wealth, and land. It no longer deals with these things in themselves. It deals with the phenomena of politics, that is to say, interests, which precisely constitute politics and its stakes; it deals with interests, or that respect in which a given individual, thing, wealth, and so on interests other individuals or the collective body of individuals. ... In the new regime, government is basically no longer to be exercised over subjects and other things subjected through these subjects. Government is now to be exercised over what we could call the phenomenal republic of interests. The fundamental question of liberalism is: What is the utility value of government and all actions of government in a society where exchange determines the value of things?"

"Recalling all the erroneous things that doctors have been able to say about sex or madness does us a fat lot of good. I think that what is currently politically important is to determine the regime of verediction established at a given moment ... on the basis of which you can now recognize, for example, that doctors in the nineteenth century said so many stupid things about sex. ... It is not so much the history of the true or the history of the false as the history of verediction which has a political significance."

"The question here is the same as the question I addressed with regard to madness, disease, delinquency and sexuality. In all of these cases, it was not a question of showing how these objects were for a long time hidden before being finally discovered, nor of showing how all these objects are only wicked illusions or ideological products to be dispelled in the light of reason finally having reached its zenith. It was a matter of showing by what conjunctions a whole set of practices—from the moment they become coordinated with a regime of truth—was able to make what does not exist (madness, disease, delinquency, sexuality, etcetera), nonetheless become something."

"The critical ontology of ourselves has to be considered not, certainly, as a theory, a doctrine, nor even as a permanent body of knowledge that is accumulating; it has to be conceived as an attitude, an ethos, a philosophical life in which the critique of what we are is at one and the same time the historical analysis of the limits that are imposed on us and an experiment with the possibility of going beyond them."

"Il y a des moments dans la vie où la question de savoir si on peut penser autrement qu’on ne pense et percevoir autrement qu’on ne voit est indispensable pour continuer à regarder ou à réfléchir… Qu’est-ce donc que la philosophie aujourd’hui… si elle ne consiste pas, au lieu de légitimer ce qu’on sait déjà, à entreprendre de savoir comment et jusqu’où il serait possible de penser autrement ?… L’ « essai »—qu’il faut entendre comme épreuve modificatrice de soi-même dans le jeu de la vérité et non comme appropriation simplificatrice d’autrui à des fins de communication—est le corps vivant de la philosophie, si du moins celle-ci est encore maintenant ce qu’elle était autrefois, c’est-à-dire une « ascèse », un exercice de soi, dans la pensée."

"Par pouvoir… je n’entends pas un système général de domination exercée par un élément ou un groupe sur un autre, et dont les effets, par dérivations successives, traversaient le corps social tout entier… il me semble qu’il faut comprendre d’abord la multiplicité de rapports de force qui sont immanents au domaine où ils s’exercent, et sont constitutifs de leur organisation ; le jeu qui par voie de luttes et d’affrontements incessants les transforme, les renforce, les inverse ; les appuis que ces rapports de force trouvent les uns dans les autres, de manière à former chaîne ou système, ou, au contraire, les décalages, les contradictions qui les isolent les uns des autres ; les stratégies enfin dans lesquelles ils prennent effet, et dont le dessin général ou la cristallisation institutionnelle prennent corps dans les appareils étatiques, dans la formulation de la loi, dans les hégémonies sociales. La condition de possibilité du pouvoir… il ne fait pas la chercher dans l’existence première d’un point central, dans un foyer unique de souveraineté d’où rayonneraient des formes dérivées et descendantes ; induisent sans cesse, par leur inégalité, des états de pouvoir, mais toujours locaux et instables. Omniprésence du pouvoir : non point parce qu’il aurait le privilège de tout regrouper sous son invincible unité, mais parce qu’il se produit à chaque instant, en tout point, ou plutôt dans toute relation d’un point à un autre. Le pouvoir est partout ; ce n’est pas qu’il englobe tout, c’est qu’il vient de partout."

"Les discours sont des éléments ou des blocs tactiques dans le champ des rapports de force; il peut y en avoir de différents et même de contradictoires à l'intérieur d'une même stratégie; ils peuvent au contraire circuler sans changer de forme entre des stratégies opposées."

"The appearance in nineteenth-century psychiatry, jurisprudence, and literature of a whole series of discourses on the species and subspecies of homosexuality, inversion, pederasty, and "psychic hermaphroditism" made possible a strong advance of social controls into this area of "perversity"; but it also made possible the formation of a "reverse" discourse: homosexuality began to speak in its own behalf, to demand that its legitimacy or "naturality" be acknowledged, often in the same vocabulary, using the same categories by which it was medically disqualified."

"L’important, c’est que le sexe n’ait pas été seulement affaire de sensation et de plaisir, de loi ou d’interdiction, mais aussi de vrai et de faux."

"Confession frees, but power reduces one to silence; truth does not belong to the order of power, but shares an original affinity with freedom: traditional themes in philosophy, which a political history of truth would have to overturn by showing that truth is not by nature free--nor error servile--but that its production is thoroughly imbued with relations of power. The confession is an example of this."

"The most defenseless tenderness and the bloodiest of powers have a similar need of confession. Western man has become a confessing animal."

"Homosexuality appears as one of the forms of sexuality when it was transposed from the practice of sodomy onto a kind of interior androgyny, a hermaphroditism of the soul. The sodomite had been a temporary aberration; the homosexual was now a species."

"Today, criminal justice functions and justifies itself only by this perpetual reference to something other than itself, by this unceasing reinscription in non-juridical systems."

"Exercise is the technique by which one imposes on the body tasks that are both repetitive and different, but always graduated. By bending behavior towards a terminal state, exercise makes possible a perpetual characterization of the individual...It thus assures, in the form of continuity and constraint, a growth, an observation, a qualification."

"In the darkest region of the political field the condemned man represents the symmetrical, inverted figure of the king."

"He who is subjected to a field of visibility, and who knows it, assumes responsibility for the constraints of power; he makes them play spontaneously upon himself; he inscribes in himself the power relation in which he simultaneously plays both roles; he becomes the principle of his own subjection."

"Discipline 'makes' individuals; it is the specific technique of a power that regards individuals both as objects and as instruments of its exercise. It is not a triumphant power...it is a modest, suspicious power, which functions as a calculated, but permanent economy."

"The judges of normality are present everywhere. We are in the society of the teacher-judge, the doctor-judge, the educator-judge, the social worker-judge; it is on them that the universal reign of the normative is based; and each individual, wherever he may find himself, subjects to it his body, his gestures, his behavior, his aptitudes, his achievements."

"The man described for us, whom we are invited to free, is already in himself the effect of a subjection much more profound than himself. A 'soul' inhabits him and brings him to existence...the soul is the effect and instrument of political anatomy; the soul is the prison of the body."

"But a punishment like forced labour or even imprisonment – mere loss of liberty – has never functioned without a certain additional element of punishment that certainly concerns the body itself: rationing of food, sexual deprivation, corporal punishment, solitary confinement ... There remains, therefore, a trace of ‘torture’ in the modern mechanisms of criminal justice – a trace that has not been entirely overcome, but which is enveloped, increasingly, by the non-corporal nature of the penal system"

"But let there be no misunderstanding: it is not that a real man, the object of knowledge, philosophical reflection or technological intervention, has been substituted for the soul, the illusion of theologians. The man described for us, whom we are invited to free, is already in himself the effect of a subjection more profound than himself. A 'soul' inhabits him and brings him to existence, which is itself a factor in the mastery that power exercises over the body. The soul is the effect and instrument of a political anatomy; the soul is the prison of the body."

"There is no power relation without the correlative constitution of a field of knowledge, nor any knowledge that does not presuppose and constitute at the same time power relations"

"The 'Enlightenment', which discovered the liberties, also invented the disciplines."

"Generally speaking, all the authorities exercising individual control function according to a double mode; that of binary division and branding (mad/sane; dangerous/harmless; normal/abnormal); and that of coercive assignment, of differential distribution (who he is; where he must be; how he is to be characterized' how he is to be recognized' how a constant surveillance is to be exercised over him in a individual way, etc.)."

"A real subjection is born mechanically from a fictitious relation. So it is not necessary to use force to constrain the convict to good behavior, the madman to calm, the worker to work, the schoolboy to application, the patient to the observation of the regulations"

"We are aware of all the inconveniences of prison, and that it is dangerous when it is not useless. And yet one cannot 'see' how to replace it. It is the detestable solution, which one seems unable to do without."

"The perfect disciplinary apparatus would make it possible for a single haze to see everything constantly. A central point would be both the source of light illuminating everything, and a locus of convergence for everything that must be known: a perfect eye that nothing would escape and a centre towards which all gazes would be turned."

"The chief function of the disciplinary power is to 'train', rather than to select and to levy; or, no doubt, to train in order to levy and select all the more. It does not link forces together in order to reduce them; it seeks to bind them together in such a way as to multiply and use them"

"A great prison structure was planned, whose different levels would correspond exactly to the levels of the centralized administration. The scaffold, where the body of the tortured criminal had been exposed to the ritually manifested force of the sovereign, the punitive theatre in which the representation of punishment was permanently available to the social body, was replaced by a great enclosed, complex and hierarchized structure that was integrated into the very body of the state apparatus."

"Above the punitive city hangs this iron spider; and the criminal who is to be thus crucified by the new law is parricide."

"This, then, is how one must imagine the punitive city. At the crossroads, in the gardens, at the side of roads being repaired or bridges built, in workshops open to all, in the depths of mines that may be visited, will be hundreds of tiny theatres of punishment. Each crime will have its law; each criminal his punishment. It will be a visible punishment, a punishment that tells all, that explains, justifies itself, convicts: placards, different-coloured caps bearing inscriptions, posters, symbols, texts read or printed, tirelessly repeat the code. Scenery, perspectives, optical effects, trompe-l'œil sometimes magnify the scene, making it more fearful than it is, but also clearer. From where the public is sitting, it is possible to believe in the existence of certain cruelties which, in fact, do not take place. But the essential point, in all these real or magnified severities, is that they should all, according to a strict economy, teach a lesson: that each punishment should be a fable. And that, in counterpoint with all the direct examples of virtue, one may at each moment encounter, as a living spectacle, the misfortunes of vice. Around each of these moral ‘representations’, schoolchildren will gather with their masters and adults will learn what lessons to teach their offspring. The great terrifying ritual of the public execution gives way, day after day, street after street, to this serious theatre, with its multifarious and persuasive scenes. And popular memory will reproduce in rumour the austere discourse of the law. But perhaps it will be necessary, above these innumerable spectacles and narratives, to place the major sign of punishment for the most terrible of crimes: the keystone of the penal edifice."

"This legible lesson, this ritual recording, must be repeated as often as possible; the punishments must be a school rather than a festival; an ever-open book rather than a ceremony. The duration that makes the punishment effective for the guilty is also useful for the spectators. They must be able to consult at each moment the permanent lexicon of crime and punishment. A secret punishment is a punishment half wasted. Children should be allowed to come to the places where the penalty is being carried out; there they will attend their classes in civics. And grown men will periodically relearn the laws. Let us conceive of places of punishment as a Garden of the Laws that families would visit on Sundays."

"In the old system, the body of the condemned man became the king's property, on which the sovereign left his mark and brought down the effects of his power. Now he will be rather the property of society, the object of a collective and useful appropriation."

"Beneath the humanization of the penalties, what one finds are all those rules that authorize, or rather demand, 'leniency', as a calculated economy of the powder to punish. But they also provoke a shift in the point of application of this power: it is no longer the body, with the ritual play of excessive pains, spectacular branding in the ritual of the public execution; it is the mind or rather a play of representations and sings circulating discreetly but necessarily and evidently in the minds of all. It is no longer the body, but the soul, said Mably. And we see very clearly what he meant by this term: the correlative of a technique of power. Old 'anatomies' of punishment are abandoned, But have we really entered the age of non-corporal punishment?"

"It proved necessary, therefore, to control these illicit practices and introduce new legislation to cover them. The offenses had to be properly defined and more surely punished; out of this mass of irregularities, sometimes tolerated and sometimes punished with a severity out of all proportion to the offense, one had to determine what was an intolerable offense, and the offenders had to be apprehended and punished. With the new forms of capital accumulation, new relations of production and the new legal status of property, all the popular practices that belonged, either in a silent, everyday, tolerated form, or in a violent form, to the illegality of rights were reduced by force to an illegality of property. In that movement which transformed a society of juridico-political levies into a society of the appropriation of the means and products of labour, theft tended to become the first of the great loopholes in legality. Or, to put it another way, the economy of illegalities was restructured with the development of capitalist society. The illegality of property was separated from the illegality of rights. This distinction represents a class opposition because, on the one hand, the illegality that was to be most accessible to the lower classes was that of property – the violent transfer of ownership – and because, on the other, the bourgeoisie was to reserve to itself the illegality of rights: the possibility of getting round its own regulations and its own laws, of ensuring for itself an immense sector of economic circulation by a skillful manipulation of gaps in the law – gaps that were foreseen by its silences, or opened up by de facto tolerance. And this great redistribution of illegalities was even to be expressed through a specialization of the legal circuits: for illegalities of property – for theft – there were the ordinary courts and punishments; for the illegalities of rights – fraud, tax evasion, irregular commercial operations – special legal institutions applied with transactions, accommodations, reduced fines, etc. The bourgeoisie reserved to itself the fruitful domain of the illegality of rights. And at the same time as this split was taking place, there emerged the need for a constant policing concerned essentially with this illegality of property. It became necessary to get rid of the old economy of the power to punish, based on the principles of the confused and inadequate multiplicity of authorities, the distribution and concentration of the power correlative with actual inertia and inevitable tolerance, punishments that were spectacular in their manifestations and haphazard in their application. It became necessary to define a strategy and techniques of punishment in which an economy of continuity and permanence would replace that of expenditure and excess. In short, penal reform was born at the point of junction between the struggle against the super-power of the sovereign and that against the infra-power of acquired and tolerated illegalities."

"This dysfunction of power was related to a central excess: what might be called the monarchical 'super-power', which identified the right to punish with the personal power of the sovereign."

"The criticism of the reformers was directed not so much at the weakness or cruelty of those in authority, as at a bad economy of power."

"The condemned man found himself transformed into a hero by the sheer extend of his widely advertised crimes, and sometimes the affirmation of his belated repentance. Against the law, against the rich, the powerful, the magistrates, the constabulary or the watch, against taxes and their collectors, he appeared to have waged a struggle with which one all too easily identified. The proclamation of these crimes blew up to epic proportions the tiny struggle that passed unperceived in everyday life. If the condemned man was shown to be repentant, accepting the verdict, asking both God and man for forgiveness for his crimes, it was as if he had come through some process of purification: he died, in his own way, like a saint."

"Not only must people know, they must see with their own eyes. Because they must be made to be afraid; but also because they must be the witnesses, the guarantors, of the punishment, and because they must to a certain extent take part in it."

"In the ceremonies of the public execution, the main character was the people, whose real and immediate presence was required for the performance."

"If torture was so strongly embedded in legal practice, it was because it revealed truth and showed the operation of power. It assured the articulation of the written on the oral, the secret on the public, the procedure of investigation on the operation of the confession; it made it possible to reproduce the crime on the visible body of the criminal."

"There can be no doubt that the existence of public tortures and executions were connected with something quite other than this internal organization. Rusche and Kirchheimer are right to see it as the effect of a system of production in which labour power, and therefore the human body, has neither the utility nor the commercial value that are conferred on them in an economy of an industrial type. Moreover, this ‘contempt’ for the body is certainly related to a general attitude to death; and, in such an attitude, one can detect not only the values proper to Christianity, but a demographical, in a sense biological, situation: the ravages of disease and hunger, the periodic massacres of the epidemics, the formidable child mortality rate, the precariousness of the bio-economic balances – all this made death familiar and gave rise to rituals intended to integrate it, to make it acceptable and to give a meaning to its permanent aggression. But in analysing why the public executions survived for so long, one must also refer to the historical conjuncture; it must not be forgotten that the ordinance of 1670 that regulated criminal justice almost up to the Revolution had even increased in certain respects the rigour of the old edicts; Pussort, who, among the commissioners entrusted with the task of drawing up the documents, represented the intentions of the king, was responsible for this, despite the views of such magistrates as Lamoignon; the number of uprisings at the very height of the classical age, the rumbling close at hand of civil war, the king's desire to assert his power at the expense of the parlements go a long way to explain the survival of so severe a penal system."

"The public execution, then, has a juridico-political function. It is a ceremonial by which a momentarily injured sovereignty is reconstituted. It restores that sovereignty by manifesting it at its most spectacular. The public execution, however hasty and everyday, belongs to a whole series of great rituals in which power is eclipsed and restored (coronation, entry of the king into a conquered city, the submission of rebellious subjects); over and above the crime that has placed the sovereign in contempt, it deploys before all eyes an invincible force. Its aim is not so much to re-establish a balance as to bring into play, as its extreme point, the dissymmetry between the subject who has dared to violate the law and the all-powerful sovereign who displays his strength."

"We must first rid ourselves of the illusion that penality is above all (if not exclusively) a means of reducing crime and that, in this role, according to the social forms, the political systems or beliefs, it may be severe or lenient, tend towards expiation of obtaining redress, towards the pursuit of individuals or the attribution of collective responsibility. We must analyse rather the ‘concrete systems of punishment’, study them as social phenomena that cannot be accounted for by the juridical structure of society alone, nor by its fundamental ethical choices; we must situate them in their field of operation, in which the punishment of crime is not the sole element; we must show that punitive measures are not simply ‘negative’ mechanisms that make it possible to repress, to prevent, to exclude, to eliminate; but that they are linked to a whole series of positive and useful effects which it is their task to support (and, in this sense,although legal punishment is carried out in order to punish offences, one might say that the definition of offences and their prosecution are carried out in turn in order to maintain the punitive mechanisms and their functions)."

"The public execution is to be understood not only as a judicial, but also as a political ritual. It belongs, even in minor cases, to the ceremonies by which power is manifested."