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Michel Foucault on Punishment

Michel Foucault on Punishment
This book, published in 1975, is a genealogical study of the development of the "gentler" modern way of imprisoning criminals rather than torturing or killing them. While recognizing the element of genuinely enlightened reform, Foucault particularly emphasizes how such reform also becomes a vehicle of more effective control: "to punish less, perhaps; but certainly to punish better". He further argues that the new mode of punishment becomes the model for control of an entire society, with factories, hospitals, and schools modeled on the modern prison. We should not, however, think that the deployment of this model was due to the explicit decisions of some central controlling agency. In typically genealogical fashion, Foucault's analysis shows how techniques and institutions, developed for different and often quite innocuous purposes, converged to create the modern system of disciplinary power.

At the core of Foucault's picture of modern "disciplinary" society are three primary techniques of control: hierarchical observation, normalizing judgment, and the examination. To a great extent, control over people (power) can be achieved merely by observing them. So, for example, the tiered rows of seats in a stadium not only makes it easy for spectators to see but also for guards or security cameras to scan the audience. A perfect system of observation would allow one "guard" to see everything (a situation approximated, as we shall see, in Jeremy Bentham's Panopticon). But since this is not usually possible, there is a need for "relays" of observers, hierarchically ordered, through whom observed data passes from lower to higher levels.

A distinctive feature of modern power (disciplinary control) is its concern with what people have not done (nonobservence), with, that is, a person's failure to reach required standards. This concern illustrates the primary function of modern disciplinary systems: to correct deviant behavior. The goal is not revenge (as in the case of the tortures of premodern punishment) but reform, where, of course, reform means coming to live by society's standards or norms. Discipline through imposing precise norms ("normalization") is quite different from the older system of judicial punishment, which merely judges each action as allowed by the law or not allowed by the law and does not say that those judged are "normal" or "abnormal". This idea of normalization is pervasive in our society: e.g., national standards for educational programs, for medical practice, for industrial processes and products.

The examination (for example, of students in schools, of patients in hospitals) is a method of control that combines hierarchical observation with normalizing judgment. It is a prime example of what Foucault calls power/knowledge, since it combines into a unified whole "the deployment of force and the establishment of truth" (184). It both elicits the truth about those who undergo the examination (tells what they know or what is the state of their health) and controls their behavior (by forcing them to study or directing them to a course of treatment).

On Foucault's account, the relation of power and knowledge is far closer than in the familiar Baconian engineering model, for which "knowledge is power" means that knowledge is an instrument of power, although the two exist quite independently. Foucault's point is rather that, at least for the study of human beings, the goals of power and the goals of knowledge cannot be separated: in knowing we control and in controlling we know.

The examination also situates individuals in a "field of documentation". The results of exams are recorded in documents that provide detailed information about the individuals examined and allow power systems to control them (e.g., absentee records for schools, patients' charts in hospitals). On the basis of these records, those in control can formulate categories, averages, and norms that are in turn a basis for knowledge. The examination turns the individual into a "case"—in both senses of the term: a scientific example and an object of care. Caring is always also an opportunity for control.

Bentham's Panopticon is, for Foucault, an ideal architectural model of modern disciplinary power. It is a design for a prison, built so that each inmate is separated from and invisible to all the others (in separate "cells") and each inmate is always visible to a monitor situated in a central tower. Monitors will not in fact always see each inmate; the point is that they could at any time. Since inmates never know whether they are being observed, they must act as if they are always objects of observation. As a result, control is achieved more by the internal monitoring of those controlled than by heavy physical constraints.

The principle of the Panopticon can be applied not only to prisons but to any system of disciplinary power (a factory, a hospital, a school). And, in fact, although Bentham himself was never able to build it, its principle has come to pervade every aspect of modern society. It is the instrument through which modern discipline has replaced pre-modern

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