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Modernity and Prisons 14
Module: Criminological Theory (m900)
38 Documents
Students shared 38 documents in this course
University: University of the West of England
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Modernity & Incarceration II: Origins of the Prison 14/2/17
Examining ideas of Michel Foucault we understand modern roots of penitentiary.
Crime and Punishment in pre-modern age
In discipline and punish, Foucault captures essential features of pre-modern punishment:
- Physical: punishment always pertains to the body
- Public: takes place in public. All the elements of the process take place in the public arena.
- Ritualistic Spectacle: public ceremonies
Trying to communicate a deeper meaning, however horrible it was, it is not primitive or irrational as
we tend to think. This sort of criminal justice system or method is rational in its context (culture that
existed at the time)
Foucault argues that punishment took this form because consistent sovereign power
(monarchies/rulers who owned territory). They were concerned not with government but with
sovereignty. These regimes were not based on citizenship rather they were based on right of kings
(divine right of kings/queens) to rule territory as they see fit.
Pre-modern world was a society of strict hierarchy. In this society (God -> sovereign -> classes) the
sovereign is everything as society basis its values on serving God, and the sovereign has been
appointed by God.
Therefore, any transgression of law is a transgression against the sovereign and therefore against
God.
Wasn’t just a scare tactic, but confirmed people’s beliefs. As seeing transgressors being punished by
the sovereign confirmed their beliefs in God and made them feel secure as they’re under the
protection of that power (They can see that the sovereign is all powerful)
An exercise of power that fit the beliefs and institutions of the day.
In this kind of society there is no prison system as such.
Medieval ‘hospitals’ – secure accommodation not punishment: These local jails were not used as a
method of punishment, but to house debtors, lunatics or to hold people until punishment.
As late as 17th & 18th century control of deviants mostly communal & family affair.
Foucault argues that these premodern ways of punishment were phased out quickly by the CJS.
Removal of life, punishment of the body is replaced by removal of liberty.
Crime & punishment in ‘Age of Reason’
Foucault argues that pre-modern forms of punishment replaced by prison at the end of the 18th
century and throughout 19th century:
Two possibilities why:
- Humanisation of CJS: Modern criminal justice is said to be humane as what existed before is
said to be inhumane. Foucault doesn’t accept this and say punishment has just become more
subtle and under control.
Foucault argues for second interpretation – rationalisation of power
2 primary causes for shift to prisons:
