Home > Work > The Punitive Society: Lectures at the Collège de France, 1972-1973

The Punitive Society: Lectures at the Collège de France, 1972-1973 QUOTES

1 " the bourgeoisie wanted to insert something more than just the negative law of “this is not yours” between the worker and the production apparatus he had in his hands. A supplementary code was needed that complements this law and gets it to work: the worker himself had to be moralized. When he is told: “You are only your labor-power and I have paid the market price for it,”‡ and when so much wealth is put in his hands, it is necessary to inject into the relationship between the worker and what he is working on a whole series of obligations and constraints that overlay the law of wages, which is apparently the simple law of the market.§ The wage contract must be accompanied by a coercion that is like its validity clause: the working class must be “regenerated,” “moralized.” Thus the transfer of the penitentiary takes place with one social class applying it to another: it is in this class relationship between the bourgeoisie and the proletariat that the condensed and remodeled penitentiary system begins to function; it will be a political instrument of the control and maintenance of relations of production. Fourth, something more is needed for this supplementary code to function effectively and for the delinquent actually to appear as a social enemy: the actual separation of delinquents from non-delinquents within those lower strata practicing illegalism. The great continuous mass of economico-political illegalism, going from common law crime to political revolt, must be broken up and the purely delinquent must be placed on one side, and those free of delinquency, who may be called non-delinquent, on the other. Thus, the bourgeoisie has no great wish to suppress delinquency.18 The main objective of the penal system is breaking this continuum of lower-class illegalism and the organization of a world of delinquency. There are two instruments for this. On the one hand, an ideological instrument: the theory of the delinquent as social enemy. This is no longer someone who struggles against the law, who wishes to evade power, but someone who is at war with every member of society. And the suddenly monstrous face the criminal assumes at the end of the eighteenth century, in literature and in penal theorists, corresponds to this need to break lower-class illegalism "

Michel Foucault , The Punitive Society: Lectures at the Collège de France, 1972-1973