Crime is inevitable in society, whether it be in traditional societies or in modern society. However, with an action, there are always has to be a consequence, however when breaking the law, the consequences are rather bad, and sometimes harsh. This is called punishment. Discipline is enforcing acceptable patterns of behaviour and teaching obedience. In an excerpt called Discipline and Punish, contemporary theorist Michael Foucault explains these two concepts. This paper will summarize the author’s main points; provide a comparison with a theorist previously lectured on in class, as well as a personal interpretation of Foucault’s arguments. As probably studied in any law or history class, punishment in medieval times consisted of …show more content…
Prison is an important place, because it takes away the power from individuals. This means that the criminal is no longer acting upon his will, but that of the officers, judge, guards, etc. “They are the foundation of society, and an element in its equilibrium.” (215) All the techniques, when created, they “attained a level at which formation of knowledge and the increase of power regularly reinforce the other.” (216) This part of the paper will provide a comparison with a theorist previously discussed in a lecture. The theorist with whom Michael Foucault’s arguments will be compared to is Emile Durkheim. Durkheim sees crime as functional. He says that if there was no crime, all our values would be dispersed--these values are laws. These laws are observed by sanctions and punishments attached to it. However, in order for these laws to exist, there must be a punishment, thus, for there to be a punishment, there has to be crime. Repressive law, according to this classical theorist was based on punishing for the evil doing of the criminal through revenge. Durkheim believes that a crime is not collective and when one goes against the core values of society, one threatens the entire order of society. Therefore, this theorist would agree with Foucault that when disciplining a criminal, he or she should be stripped of their freedom and when
Michel Foucault and Erving Goffman’s work was centralised around there two different concepts of how your identity is formed through the process of power and expert knowledge. This Essay will discuss the ideas of Michel Foucault who was a French Social Theorist. His theories addressed the relationship between power and knowledge and how both of these are used as a form of social control through society. The essay will look at Foucault’s work in The Body and Sexuality, Madness and Civilisation and Discipline and Punish which displays how he conceptualised Power and identity on a Marxist and macro basis of study. The Essay will also address the Ideas of Erving Goffman who was A Canadian Born Sociologist who’s key study was what
People have been committing crimes for many centuries, however over time crime punishment changed in different ways. Some of the punishment methods used in one century is found not affective in another century. In England, during the 1600’s crime punishment where hasher and people who were considered criminals did not get many opportunities to be put on trial most time before being sent to face the death penalty. There are many factor that could have contributed to how crime punishment have revolved from the 1600’s all the way to the 1800’s. What were the causes that made the punishments from the 1600’s very different from the ones in the 1700’s and 1800’s? Is it just the different method
This is a summary of Michel Foucault's seminal work on the history of criminal punishment and social discipline as it transformed from punitive to correctional models during the late eighteenth and nineteenth centuries.
Prison is a place where the criminal justice system put its entire hopes. The correctional
The concept of morality and moral “rules and laws” has as its corollary, the concept of “rule-breaking” or acting immorally. A common response to immoral behavior is punishments, which leads me to ask the question: how is punishment justified? In his article “The Classic Debate”, American legal philosopher Joel Feinberg lays out the main points of discourse between the two major theories of justified punishment, which I will deconstruct. Feinberg asserts that there are two main theories used to justify punishment: Retributivism and Utilitarianism. These two theories supposedly oppose each other such that they are mutually exclusive and jointly exhaustive (Feinberg). The latter of these theories, Utilitarianism, is the main concern of this
Through the discussion of punishment and its purpose Foucault brings up the idea of normalization. Government and other higher levels of authority have established what they consider to be proper conduct within society. Those who deter from those guidelines are punished.
Change over time; that is a common theme with everything in the world. The concept of punishment is no different in that regard. In the 16th and 17th century the common view for punishing people was retaliation from the king and to be done in the town square. In what seemed to be all of a sudden, there was a change in human thinking, the concept of punishment changed to a more psychological approach compared to a public embarrassment/torture approach. The following paragraphs will discuss the development of prisons and what in fact gives people gives people the right to punish; as well as the overall meaning and function of prisons. The work by Michel Foucault in Discipline and Punish: The Birth of the Prison will help with the arguments
Stability in terms of society can be defined as the state in which power is clear and defined, and the constituents abide to those in power. In modern day institutions, a certain amount of stability must exist or people would lack the motivation to get work done and would not respond to authority. To ensure motivation, employers will install cameras, or use other techniques to always keep an eye on their workers. If people are doing nothing wrong, there is no reason to have a problem with being watched. For this reason, it is not surprising that employers set their work station similar to a Panopticon, an institutional building that is step up with someone in the middle watching everyone, but the workers don’t know if they are being
Prisons hide prisoners from society. “If an inmate population is shut in, the free community is shut out, and the vision of men held in custody is, in part, prevented from arising to prick the conscience of those who abide by the social rules” (Sykes, 1958, 8). The prison is an instrument of the state. However, the prison reacts and acts based on other groups in the free community. Some believe imprisonment
Michel Foucault is a very famous French intellectual who practiced the knowledge of sociology. Foucault analyzed how knowledge related to social structures, in particular the concept of punishment within the penal system. His theory through, Discipline and Punish: The Birth of the Prison, is a detailed outline of the disciplinary society; in which organizes populations, their relations to power formations, and the corresponding conceptions of the subjects themselves. Previously, this type of punishment focused on torture and dismemberment, in which was applied directly to bodies. Foucault mentions through his literary piece, “the soul is the effect and instrument of a political anatomy: the soul is the prison of the body (p.30). However, today, the notion of punishment involves public appearances in a court and much more humane sentences. However, it is important to note and to understand the idea of power and knowledge; it is fundamental to understand the social system as a whole.
Durkheim: Punishment is one of the main aims of the criminal justice system. As crime is an act that is in breach with the collective conscious the punishment of criminals plays a main role in the maintenance of social solidarity. When the state of collective conscience is violated, the response of the society is consisted of 'repressive sanctions ' that do not aim for retribution or deterrence, but aim to prevent the demoralisation of those who are making sacrifices for the interest of society. The punishment of criminals is required to sustain the commitment of citizens to the society (Pratt 1994, pp.2-3). If punishment is not present members of the community may lose their
In prisons today, rehabilitation, deterrence, incapacitation, and retribution are all elements that provide a justice to society. Prisons effectively do their part in seeing that one if not more of these elements are met and successfully done. If it were not for these elements, than what would a prison be good for? It is highly debated upon whether or not these elements are done properly. It is a fact that these are and a fact that throughout the remainder of time these will be a successful part of prison life.
Crime was seen by Durkheim as inevitable, he argued that a constant level of crime can be functional and only becomes harmful to society when crime rates are abnormally high or low. According to Durkheim the purpose of punishment is not to eliminate crime completely but rather to maintain the norms and values of the majority, in order to keep a relative amount of “social order”.
It is through this that philosophers, government and prison officials have arrived at the five traditional goals of punishment which replicates elements of criminal punishment. They are retribution, rehabilitation, deterrence, restoration and incapacitation. Retribution, rehabilitation and deterrence are however the three most frequently used in today’s modern society, as they are the main justifications for punishment.
For Foucault you cannot understand imprisonment without looking at torture first and how they both correlate to one another. Throughout this essay I will assess Foucault’s theories about torture and his views of how it has come about. I will look at how torture is a technique and the forms of disciplinary techniques that accompany torture. I will assess the power structures and how it manifests into other institutions in today’s society. Lastly how torture is needed to understand imprisonment. Torture was used as a scare tactic in the past to keep individuals under control. Society was aware of what may occur to them if they disobeyed the law. This initiated power and discipline over citizens which helps us to understand power relations today in terms of imprisonment.