Stockerblog’s reading of Foucault’s most recently published lecture course continues.
According to Foucault, the language of the enemy-criminal comes into conflict with the language of the prison, which is more scientific in aim and which leads towards criminology. The problem appears in a text from the Minister of the Interior to the King in 1818, which refers to the prison as the place where the law stops. In this case imprisonment cannot be derived from penal theory or judicial practice, because it is the place where they do not exist. In previous judicial practice, prison was a means of assuring the availability of the prisoner to the courts rather than a punishment in itself. The influential criminal-enemy idea in the late eighteenth century does not lead to imprisonment, it just justifies the penal system as protecting society rather engaging in vengeance, reparation, punishment, or penitence. The new way of thinking about criminality means the punishment is more oriented to the…
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