Instead of insanity eliminating the crime according to the original meaning of article 64,every crime and… — Michel Foucault
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'
p. 20Source: Wikiquote · CC BY-SA 4.0
More from this book
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.
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.
p. 17
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.
p. 80

