Sociologists From France

"In its most general form, confinement was explained, or at least justified, by a will to avoid scandal. It thereby signalled an important change in the consciousness of evil. The Renaissance had let unreason in all its forms come out into the light of day, as public exposure gave evil the chance to redeem itself and to serve as an exemplum."

"There is little in common between the organised parading of madness in the eighteenth century and the freedom with which madness came to the fore during the Renaissance. The earlier age had found it everywhere, an integral element of each experience, both in images and in real life dangers. During the classical period, it was also on public view, but behind bars. When it manifested itself it was at a carefully controlled distance, under the watchful eye of a reason that denied all kinship with it, and felt quite unthreatened by any hint of resemblance. Madness had become a thing to be observed, no longer the monster within, but an animal moved by strange mechanisms, more beast than man, where all humanity had long since disappeared."

"If our intention now is to reveal classical unreason on its own terms, outside of its ties with dreams and error, it must be understood not as a form of reason that is somehow diseased, lost or mad, but quite simply as reason dazzled."

"To say that madness is dazzlement is to say that the madman sees the day, the same day that rational men see, as both live in the same light, but that when looking at that very light, nothing else and nothing in it, he sees it as nothing but emptiness, night and nothingness. Darkness for him is another way of seeing the day. Which means that in looking at the night and the nothingness of the night, he does not see at all. And that in the belief that he sees, he allows the fantasies of his imagination and the people of his nights to come to him as realities. For that reason, delirium and dazzlement exist in a relation that is the essence of madness, just as truth and clarity, in their fundamental relation, are constitutive of classical reason. In that sense, the Cartesian progression of doubt is clearly the great exorcism of madness. Descartes closes his eyes and ears the better to see the true light of the essential day, thereby ensuring that he will not suffer the dazzlement of the mad, who open their eyes and only see night, and not seeing at all, believe that they see things when they imagine them. In the uniform clarity of his closed senses, Descartes has broken with all possible fascination, and if he sees, he knows he really sees what he is seeing. Whereas in the madman's gaze, drunk on the light that is night, images rise up and multiply, beyond any possible self-criticism, since the madman sees them, but irremediably separated from being, since the madman sees nothing. Unreason is to reason as dazzlement is to daylight."

"The circle of day and night is the law of the classical world: the most restricted but most demanding of the necessities of the world, the most inevitable but the simplest of the legislations of nature. This was a law that excluded all dialectics and all reconciliation, consequently laying the foundations for the smooth unity of knowledge as well as the uncompromising division of tragic existence. It reigns on a world without darkness, which knows neither effusiveness nor the gentle charms of lyricism. All is waking or dreams, truth or error, the light of being or the nothingness of shadow."

"It is understandable then that tragic heroes, unlike the baroque characters who had preceded them, could never be mad, and that inversely madness could never take on the tragic value we have known since Nietzsche and Artaud. In the classical epoch, tragic characters and the mad face each other without any possible dialogue or common language, for the one can only pronounce the decisive language of being, where the truth of light and the depths of night meet in a flash, and the other repeats endlessly an indifferent murmur where the empty chatter of the day is cancelled out by the deceptive lies of the shadows."

"This is the moment when it becomes clear that the images of madness are nothing but dream and error, and that if the unfortunate sufferer who is blinded by them invokes them, it is the better to disappear with them into the annihilation for which they are destined."

"In the tragedies of the early seventeenth century, madness too provided the dénouement, but it did so in liberating the truth. It still opened onto language, to a renewed form of speech, that of explanation and of the real regained. The most it could ever be was the penultimate moment of tragedy. Not the closing moment, as in Andromaque, where no truth appears, other than, in Delirium, the truth of a passion that finds its fullest, most perfect expression in madness."

"To sum up all these steps, each of which is very lengthy and complex, we will have put the game of truth back in the network of constraints and dominations. Truth, I should say rather, the system of truth and falsity, will have revealed the face it turned away from us for so long and which is that of its violence."

"There is hardly a philosophy which has not invoked something like the will or desire to know, the love of truth, etcetera. But, in truth, very few philosophers—apart, perhaps, from Spinoza and Schopenhauer—have accorded it more than a marginal status; as if there was no need for philosophy to say first of all what the name that it bears actually refers to. As if placing at the head of its discourse the desire to know, which it repeats in its name, was enough to justify its own existence and show—at a stroke—that it is necessary and natural: All men desire to know. Who, then, is not a philosopher, and how could philosophy not be the most necessary thing in the world?"

"Nietzsche was the first to release the desire to know from the sovereignty of knowledge itself: to re-establish the distance and exteriority that Aristotle cancelled."

"In France at least, the history of science and thought gives pride of place sciences, sciences of the necessary, all close to philosophy: one can observe in their history the almost uninterrupted emergence of truth and pure reason. The other disciplines, however - those, for example, that concern living beings, languages, or economic facts - are considered too tinged with empirical thought, too exposed to the vagaries of chance or imagery to age old traditions and external events, for it to be supposed that their history could be anything other irregular. At most, they are expected to provide evidence of a state of mind, an intellectual fashion, a mixture of archaism and bold conjecture, of intuition and blindness. But what if empirical knowledge, at a given time and in a given culture, did possess a well defined regularity."

"Absurdity destroys the and of the enumeration by making impossible the in where the things enumerated would be divided up."

"Between the fine point of the brush and the steely gaze, the scene is about to yield up its volume."

"The painter is turning his eyes towards us only in so far as we happen to occupy the same position as his subject. We, the spectators, are an additional factor. Though greeted by that gaze, we are also dismissed by it, replaced by that which was always there before we were: the model itself. But, inversely, the painter's gaze, addressed to the void confronting him outside the picture, accepts as many models as there are spectators; in this precise but neutral place, the observer and the observed take part in a ceaseless exchange."

"We are observing ourselves being observed by the painter, and made visible to his eyes by the same light that enables us to see him. And just as we are about to apprehend ourselves, transcribed by his hand as though in a mirror, we find that we can in fact apprehend nothing of that mirror but its lusterless back. The other side of a psyche."

"[L]'âme, prison du corps."

"Is it surprising that prisons resemble factories, schools, barracks, hospitals, which all resemble prisons?"

"It is ugly to be punishable, but there is no glory in punishing. Hence the double system of protection that justice has set up between itself and the punishment it imposes."

"The guillotine takes life almost without touching the body, just as prison deprives of liberty or a fine reduces wealth. It is intended to apply the law not so to a real body capable of feeling pain as to a juridical subject, the possessor, among other rights, of the right to exist it had to have the abstraction of the law itself."

"It was an important moment. The old partners of the spectacle of punishment, the body and the blood, gave way. A new character came of the scene, masked. It was the end of a certain kind of tragedy; comedy began, with shadow play, faceless voices, impalpable entities. The apparatus of punitive justice must now bite into this bodiless reality."

"Instead of insanity eliminating the crime according to the original meaning of article 64,every crime and even every offense now carries within it, as a legitimate suspicion, but also as a right that may be claimed, the hypothesis of insanity, in any case of anomaly. And the sentence that condemns or acquits is not simply a judgement of guily, a legal decision that lays down punishment; it bears within it an assessment of normality and a technical prescription for a possible normalization Today the judge- magistrate or juror0 certainly does more than 'judge'"

"The disappearance of public executions marks therefore the decline of the spectacle; but it also marks a slackening of the hold on the body."

"A utopia of judicial reticence: take away life, but prevent the patient from feeling it; deprive the prisoner of all rights, but do not inflict pain; impose penalties free of all pain. Recourse to psycho-pharmacology and to various physiological ‘disconnectors’, even if it is temporary, is a logical consequence of this ‘non-corporal’ penalty."

"This book is intended as a correlative history of the modern soul and of a new power to judge; a genealogy of the present scientifico-legal complex from which the power to punish derives its bases, justifications and rules, from which it extends its effects and by which it extends its effects and by which it masks its exorbitant singularity."

"The different pieces of evidence did not constitute so many neutral elements, until such time as they could be gathered together into a single body of evidence that would bring the final certainty of guilt. Each piece of evidence aroused a particular degree of abomination. Guilt did not begin when all the evidence was gathered together; piece by piece, it was constituted by each of the elements that made it possible to recognize a guilty person. Thus a semi-proof did not leave the suspect innocent until such time as it was completed; it made him semi-guilty; slight evidence of a serious crime marked someone as slightly criminal. In short, penal demonstration did not obey a dualistic system: true or false; but a principle of continuous gradation; a degree reached in the demonstration already formed a degree of guilt and consequently involved a degree of punishment."

"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."

"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, 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."

"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."

"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."

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

"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."

"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."

"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."

"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."

"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."

"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?"

"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."

"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."

"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."

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

"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."

"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"

"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."

"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."

"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"

"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.)."

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

"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"