3
" There is no solution for Europe other than deepening the democratic values it invented. It does not need a geographical extension, absurdly drawn out to the ends of the Earth; what it needs is an intensification of its soul, a condensation of its strengths. It is one of the rare places on this planet where something absolutely unprecedented is happening, without its people even knowing it, so much do they take miracles for granted. Beyond imprecation and apology, we have to express our delighted amazement that we live on this continent and not another. Europe, the planet's moral compass, has sobered up after the intoxication of conquest and has acquired a sense of the fragility of human affairs. It has to rediscover its civilizing capabilities, not recover its taste for blood and carnage, chiefly for spiritual advances. But the spirit of penitence must not smother the spirit of resistance. Europe must cherish freedom as its most precious possession and teach it to schoolchildren. It must also celebrate the beauty of discord and divest itself of its sick allergy to confrontation, not be afraid to point out the enemy, and combine firmness with regard to governments and generosity with regard to peoples. In short, it must simply reconnect with the subversive richness of its ideas and the vitality of its founding principles.
Naturally, we will continue to speak the double language of fidelity and rupture, to oscillate between being a prosecutor and a defense lawyer. That is our mental hygiene: we are forced to be both the knife and the wound, the blade that cuts and the hand that heals. The first duty of a democracy is not to ruminate on old evils, it is to relentlessly denounce its present crimes and failures. This requires reciprocity, with everyone applying the same rule. We must have done with the blackmail of culpability, cease to sacrifice ourselves to our persecutors. A policy of friendship cannot be founded on the false principle: we take the opprobrium, you take the forgiveness. Once we have recognized any faults we have, then the prosecution must turn against the accusers and subject them to constant criticism as well. Let us cease to confuse the necessary evaluation of ourselves with moralizing masochism. There comes a time when remorse becomes a second offence that adds to the first without cancelling it. Let us inject in others a poison that has long gnawed away at us: shame. A little guilty conscience in Tehran, Riyadh, Karachi, Moscow, Beijing, Havana, Caracas, Algiers, Damascus, Yangon, Harare, and Khartoum, to mention them alone, would do these governments, and especially their people, a lot of good. The fines gift Europe could give the world would be to offer it the spirit of critical examination that it has conceived and that has saved it from so many perils. It is a poisoned gift, but one that is indispensable for the survival of humanity. "
― Pascal Bruckner , The Tyranny of Guilt: An Essay on Western Masochism
7
" The fact that the crime and the punishment were related and bound up in the form of atrocity was not the result of some obscurely accepted law of retaliation. It was the effect, in the rites of punishment, of a certain mechanism of power: of a power that not only did not hesitate to exert itself directly on bodies, but was exalted and strengthened by its visible manifestations; of a power that asserted itself as an armed power whose functions of maintaining order were not entirely unconnected with the functions of war; of a power that presented rules and obligations as personal bonds, a breach of which constituted an offence and called for vengeance; of a power for which disobedience was an act of hostility, the first sign of rebellion, which is not in principle different from civil war; of a power that had to demonstrate not why it enforced its laws, but who were its enemies, and what unleashing of force threatened them; of a power which, in the absence of continual supervision, sought a renewal of its effect in the spectacle of its individual manifestations; of a power that was recharged in the ritual display of its reality as 'super-power'. "
― Michel Foucault , Discipline and Punish: The Birth of the Prison
8
" A system of justice does not need to pursue retribution. If the purpose of drug sentencing is to prevent harm, all we need to do is decide what to do with people who pose a genuine risk to society or cause tangible harm. There are perfectly rational ways of doing this; in fact, most societies already pursue such policies with respect to alcohol: we leave people free to drink and get inebriated, but set limits on where and when. In general, we prosecute drunk drivers, not inebriated pedestrians.
In this sense, the justice system is in many respects a battleground between moral ideas and evidence concerning how to most effectively promote both individual and societal interests, liberty, health, happiness and wellbeing. Severely compromising this system, insofar as it serves to further these ideals, is our vacillation or obsession with moral responsibility, which is, in the broadest sense, an attempt to isolate the subjective element of human choice, an exercise that all too readily deteriorates into blaming and scapegoating without providing effective solutions to the actual problem. The problem with the question of moral responsibility is that it is inherently subjective and involves conjecture about an individuals’ state of mind, awareness and ability to act that can rarely if ever be proved. Thus it involves precisely the same type of conjecture that characterizes superstitious notions of possession and the influence of the devil and provides no effective means of managing conduct: the individual convicted for an offence or crime considered morally wrong is convicted based on a series of hypotheses and probabilities and not necessarily because he or she is actually morally wrong. The fairness and effectiveness of a system of justice based on such hypotheses is highly questionable particularly as a basis for preventing or reducing drug use related harm. For example, with respect to drugs, the system quite obviously fails as a deterrent and the system is not organised to ‘reform’ the offender much less to ensure that he or she has ‘learned a lesson’; moreover, the offender does not get an opportunity to make amends or even have a conversation with the alleged victim. In the case of retributive justice, the justice system is effectively mopping up after the fact. In other words, as far as deterrence is concerned, the entire exercise of justice becomes an exercise based on faith, rather than one based on evidence. "
― , Entheogens, Society and Law: The Politics of Consciousness, Autonomy and Responsibility
17
" Darona’s face bore the pinched, taut look and shadowed eyes of someone constantly in pain, but the lack of lines suggested she was younger than Jesral had first thought; middle-aged, fifty at the very most.‘You make an uncommonly fine looking noblewoman, for a Mhrydaineg commoner.’‘Thank you.’ Jesral was careful to keep all tone out of her voice. Darona gave her a shrewd stare, then a slight smile.‘Self-control. Good. You must ignore me when I offend you unintentionally. They say that pain can make one waspish, but my brothers and son tell me there’s been no change in my manner. I was acid-tongued long before this set in,’ she held up a knotted hand, ‘and taking devil’s claw root has no effect on that. Rest assured, young woman, when I intend offence people are in no doubt about it. "
