Foucault and Punishment Essay

Throughout the years, the use of imprisonment has varied, along with its influences of society. It is thought that although prisons have been around since the thirteenth century, prisons as we know them now to be have only been around for the last three centuries. The first uses of prisons were not seen as a form of punishment instead they were used as a way of making people do something. People would be held in prison until they paid their debts, or awaiting trial and then leading up to their sentence. McGowen (1995) suggests that from the early 1700s ‘bridewells’ a house of correction have existed, however at that time being used merely for vagrants and drunks. At the end of the sixteenth century there was a shift in punishment to imprisonment, along with this came a new, more humane idea of reform. Criminals would spend their days of prison carrying out hard labour. However after the American Revolution, imprisonment took a step back and there was another change. There was mass overcrowding within the prison service and although the death penalty was still being used it was a symbol of the power of the state. Therefore, an everyday way of dealing with offenders would be transportation to the colonies, being either Australia or America.

With the ideas of The Age of Enlightenment growing in popularity, a new concept of criminal punishment came into play; the penitentiary. The

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.

The society generally has established customs and moral imperative to guide the conduct of each member of that particular society. These norms designating certain ways in which people ought to live in the society exist in societal laws and moral prescription. The justifications for the ideal practices in the society have been found in the desire to maintain peaceful coexistence in the society. The extent of freedom of an individual is therefore often curtailed for the greater good of the society. These utilitarian considerations have been discussed amidst the concept and rationale of punishment. John Stuart Mill, Michel Foucault and Kantian ethics have been used to justify or refute the notion and rationale of punishment in our society. These ethical perspectives provide useful insight into understanding punishment and its justifications or otherwise. Punishment is necessary as a social control tool and must be exerted with reasonableness and with due regard for the aim for which it is exerted.

One of the many things that has been highly controversial and still is to this very day is how to properly punish and treat criminals. Here in America we now have the Eighth Amendment to protect us from cruel and unusual punishment. This was based off of a Parliament Act of 1689 that created England’s Bill of Rights. Before England had come up with the idea that humans should have guaranteed basic rights, it wasn’t a matter of whether or not a criminal would die, as much as it was a matter of how they would die. Torture devices such as the guillotine, the stake, the brazen bull, and the rack were used to spread the idea of fear and punishment that was ineffectually used by leaders to try and control their people throughout the history of Europe.

The other crimes only consisted of labor and fines as punishment. In the 1700’s jails became an extremely unsafe place. The inmates in the jails were tortured until they became insane. Later in the 1800’s, incarceration was used as punishment for individuals who committed a severe crime. However, this was an issue for the legislature because they did not want to finance the prisons.

Since a time before people can even remember there have been different types of ways to make people pay for their wrongdoings. Prior to the 19th century, prisons kept criminals in their grasp until the full punishment was ensued. Many time these punishments involved public humiliation, physical pain, and emotional pain. This kind of tactic went on until it was discovered to be more or less ineffective. (Aging Inmates) The Quakers attempted to make a different approach to trying the “fix” people. They started to use the techniques of religious teachings and solitary confinement to try to turn people around for the better. All the these techniques were used with consideration of the crimes that has been committed. (Aging Inmates) During the Victorian Era, the use of extreme physical labor became very popular. Audiences would come and watch as criminals had to undergo extreme physical

The idea was to make prison a system for corrections, rather than detention alone. These ideas soon manifested in schools of philosophy and criminology were the notion was defended that punishment should be more lenient only at the cost of the greater good and aimed to change the behavior itself. Eventually these ideas gave birth to a new form of incarcerations designed to deter both rise in crime and to reform, based on self-reflection over the prisoner’s choices.

From the late Middle Ages to the end of the nineteenth century punishments changed quite greatly although some things, of course, remained the same. A few things that changed were the policing, the use of gaols and the ideas based around capital punishment.

Since the beginning of civilization, people have been using some sort of punishment on people who broke the law. Punishment often came in many different forms. Often looking back in 1600, 1700 and even 1800 we see many barbaric form of punishment. Prisons always existed however, often prisons did not serve as a long term punishment and only was used to hold offenders until their execution. For the most part people were executed by hanging. As I mentioned, prior to 1770 prisons were mainly used to hold offenders until their trial and then after the trial they were either executed almost immediately or had to pay some sort of fine. Out of all

Not only can torture do cruel things to the person receiving the affliction, but it can also affect the torturer. When a person gives torture, it damages the humanity of them, which means they will never be the same person again. When torture is used, the victim is treated as a “thing” rather than a person. The receiver is basically dehumanized to achieve the desires of the torturer. Although torture can be used to discover new information, it does not always work that way. Torture can cause inaccurate information to be provided due to the want for the torture to be finished with. In some cases, torture is not the

For centuries governments have acted on behalf of society removing and punishing criminals with the goal of protecting its citizens. Criminals were arrested and locked-up in jails awaiting their sentencing. Once sentenced, they were publically humiliated, tortured, or killed. Early forms punishments were cruel and mostly focused on retribution.

In the chapter, “The body of the Condemned,” Foucault addresses the evolution of the punishment system and how it has gone from being a public spectacle to something that is done behind closed doors. Foucault opens the chapter with an extremely descriptive and gory representation of a public execution. The purpose of this was to display how execution have changed from being in the public eye to behind closed doors using the electric chair and legal injections. It was done in this fashion to deter individuals from committing heinous crimes. Today, the cost of prison time, fines, etc.. deter individuals instead. Punishment has become less about effecting the body and more about the changing the souls and integrating them back into society.

Throughout time, the use of punishment has changed drastically. Not only has the actual infliction of punishment changed, the reasoning behind this punishment has also changed. There have been numerous scholars, educators, and researchers that have presented various theories on the reasoning behind societal punishment. Some of these theories are closely similar, however some are drastically different. It is important to note that these theorists have broad perceptions that can be rooted back to specific time periods throughout history. Societal punishment is defined as, “punishment being a complex social institution, shaped by the ensemble of social and historical forces and having a range of effects that reach well beyond the population of offenders” (Garland, 1991).

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.