Michel Foucault

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.).

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.

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.

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.

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

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

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 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.

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.

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.

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.