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Discipline and Punish: The Birth of the Prison QUOTES

62 " But perhaps one should reverse the problem and ask oneself what is served by the failure of the prison; what is the use of these different phenomena that are continually being criticized; the maintenance of delinquency, the encouragement of recidivism, the transformation of the occasional offender into a habitual delinquent, the organization of a closed milieu of delinquency. Perhaps one should look for what is hidden beneath the apparent cynicism of the penal institution, which, after purging the convicts by means of their sentence, continues to follow them by a whole series of ‘brandings’ (a surveillance that was once de jure and which is today de facto; the police record that has taken the place of the convict’s passport) and which thus pursues as a ‘delinquent’ someone who has acquitted himself of his punishment as an offender? Can we not see here a consequence rather than a contradiction? If so, one would be forced to suppose that the prison, and no doubt punishment in general, is not intended to eliminate offences, but rather to distinguish them, to distribute them, to use them; that it is not so much that they render docile those who are liable to transgress the law, but that they tend to assimilate the transgression of the laws in a general tactics of subjection. Penality would then appear to be a way of handling illegalities, of laying down the limits of tolerance, of giving free rein to some, of putting pressure on others, of excluding a particular section, of making another useful, of neutralizing certain individuals and of profiting from others. In short, penality does not simply ‘check’ illegalities; it ‘differentiates’ them, it provides them with a general ‘economy’. And, if one can speak of justice, it is not only because the law itself or the way of applying it serves the interests of a class, it is also because the differential administration of illegalities through the mediation of penality forms part of those mechanisms of domination. Legal punishments are to be resituated in an overall strategy of illegalities. The ‘failure’ of the prison may be understood on this basis. "

Michel Foucault , Discipline and Punish: The Birth of the Prison