The Punitive Society

Michel Foucault

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

Edited by Bernard E. Harcourt General Editors: François Ewald and Alessandro Fontana

English Series Editor: Arnold I. Davidson Translated by Graham Burchell

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Michel Foucault

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

Edited by Bernard E. Harcourt General Editors: François Ewald and Alessandro Fontana

English Series Editor: Arnold I. Davidson Translated by Graham Burchell

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THE PUNITIVE SOCIETY © Éditions du Seuil/Gallimard 2013, edition established under the direction of François Ewald and Alessandro Fontana, by Bernard E. Harcourt.

Translation © Graham Burchell, 2015 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission.

No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6-10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages.

The author has asserted his right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988.

First published in France by Éditions du Seuil/Gallimard under the title La Société Punitive: Cours au Collège de France. 1972-1973.

English translation first published in hardcover 2015 by PALGRAVE MACMILLAN Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire, RG21 6XS. Palgrave Macmillan in the US is a division of St Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010.

Palgrave is the global academic imprint of the above companies and has companies and representatives throughout the world.

Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries.

ISBN 978-1-4039-8660-3 Library of Congress Cataloging-in-Publication Data Foucault, Michel, 1926-1984.

[Société punitive. English] The punitive society : lectures at the Collège de France 1972-1973 / Bernard E. Harcourt ; translated by Graham Burchell. pages cm ISBN 978-1-4039-8660-3 1. Social control--Philosophy. 2. Punishment--Philosophy. I. Harcourt, Bernard E., 1963- II. Burchell, Graham. III. Collège de France. IV. Title.

V. Title: Michel Foucault the punitive society.

B2430.F72113 2015 303.3'3--dc23 2015003226 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin.

A catalogue record for this book is available from the British Library.

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Contents

Foreword: François Ewald and Alessandro Fontana Translator’s note

xii xviii

one

3 January 1973 1 Classification of societies: cremating and burying; assimilating and excluding. Inadequacy of the notion of exclusion. The psychiatric hospital. Inadequacy of the notion of transgression.  Object of the lectures: critique of the notions of exclusion and transgression, and analysis of the subtle tactics of the sanction.

(I) The four penal tactics: 1. exclusion; 2. compensation; 3. marking; 4. confinement.  Initial hypothesis: classification of societies of exclusion, redemption, marking, or confinement.  Possible objections and reply: the same penalties have different functions in the four penal tactics. Example of the fine.

Example of the death penalty. Damiens and the sovereign’s power. Present day death penalty as redoubled confinement.

(II) Establishing the autonomy of the level of penal tactics: 1. situating them within the sphere of power; 2. examining political struggles and disputes around power.  Civil war as framework of power struggles: tactics of struggle and penality; strategy of confinement.

two

10 January 1973 21 The four elements of an analysis: 1. the constant, universal war internal to society; 2. a penal system that is neither universal

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nor univocal, but made by some for others; 3. the structure of universal superintendence (surveillance); 4. a system of confinement. (I) The content of the notion of civil war.

(A) Civil war as resurgence of the war of all against all, according to Hobbes. (B) Distinction between civil war and war of all against all. New groups; examples of the Nu-pieds and the Luddite movement. (C) Politics as continuation of civil war. (II) The criminal’s status as social enemy.  Knowledge effects: psychopathological or psychiatric hold on the criminal and deviance.  Epistemic effects: sociology of criminality as social pathology. The criminal as connector, transcriber, exchanger. three

17 January 1973 43 The appearance of the criminal as social enemy. Historical survey of first manifestations. (I) Economic analysis of delinquency in the eighteenth century by the physiocrats. Le Trosne, Mémoire sur les vagabonds (1764): More than a psychological propensity like idleness or a social phenomenon like begging, vagabondage is the matrix of crime and a scourge of the economy; it produces scarcity of labor, raises wages, and lowers production.  The laws inadequate; the measures recommended

by Le Trosne: 1. enslavement; 2. outlawing; 3. peasant self-defense; 4. mass conscription.  Similarities of vagabonds and nobility. (II) The criminal-social enemy as literary theme.

Gil Blas and the beginning of the eighteenth century: the continuum and omnipresence of delinquency. Novels of terror at the end of the eighteenth century: localized and extra-social delinquency. Emergence of the dualities crime-innocence, evil-good.

four

24 January 1973 61 (III) Other signs of the emergence of the criminal-social enemy.

Debate on the death penalty in 1791. (IV) Relationship between the theoretical-political effects of a discourse and punitive tactics in the same period. Main system of punishment: in England, organization of penitentiary system in 1790-1800;

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in France, 1791-1821. Heterogeneity of criminal-social enemy and the prison: rift between the penal and the penitentiary.  According to penal theory, punishment as social defense; hence these four principles: relativity; gradation; continuous supervision; publicity and infallibility; and three models of punishment: infamy, talion, slavery.  In prison: time the only graduated variable. The prison-form and the wage-form: twin historical forms. Capitalist power and system of penality: power’s hold on time. five

31 January 1973 82 The prison-form and the wage-form (continuation). Power’s hold on time: condition of possibility of the capitalist system and of imprisonment.  From archeology to genealogy.  Objections of the religious model and replies. (A) The monastic cell: to exclude the world, and not to punish. (B) The Quakers: rejection of the English penal code and of the death penalty.  Opposition to Beccaria concerning infraction and wrongdoing; the conception of sin. (C) Organization of the prison of Philadelphia and of Walnut Street: first mention of the “penitentiary (pénitentier).” (D) Consequences: 1. grafting of Christian morality on criminal justice; 2. knowledge (connaissance) of the prisoner: a form of knowledge (savoir) becomes possible; 3. religion invests the prison. Progressive re-Christianization of crime.

six

7 February 1973 99 The penitentiary, dimension of all the contemporary social controls. (I) The generalization and conditions of acceptability of the prison-form. (A) England. Spontaneous groups for ensuring order: 1. Quakers and Methodists; 2. Societies for the suppression of vice; 3. Self-defense groups; 4. Private police.  New system of control: inculcate conduct, moralize and control the lower classes. Colquhoun, A Treatise on the Police of the Metropolis (1797). Three principles: 1. Morality as foundation of the penal system; 2. Need for State-police; 3. Police target

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the lower classes.  Conclusions: 1. State as agent of morality; 2. Links with the development of capitalism; 3. The coercive as prison’s condition of acceptability.  Present movements of moral dissidence: dissolving the penality–morality link. seven

14 February 1973 122 (A) England (continued). The great rise of virtues. (B) France. Appearance of new techniques of removal and confinement. In France, investment of State apparatus by lateral social interest: lettres de cachet, a means of social control that produces moralization and psychologization of the penalty in the nineteenth century. Capillary counter-investment of associations, families, and corporations.  Field of knowledge, biographical archives: influence of psychiatric, sociological, and criminological knowledge in the nineteenth century.  Replacement of lettres de cachet by centralized State bodies: the big reformatories.

eight

21 February 1973 139 (B) France (continued). Recapitulation and outcome: the punitive society. Mechanism: control of lower-class or popular illegalism (illégalisme populaire). 1. Popular illegalism in the eighteenth century. The case of the Maine weavers. Merchants and weavers circumvent the regulations. The positive functioning of illegalisms. 2. Reversal at the end of the eighteenth century.

The bourgeoisie seizes the judicial apparatus in order to get rid of lower-class illegalism now become “depredation.” Worker depredation; plunder by workers in the Port of London. 3.

Organization of the penal and penitentiary system. Instruments: the notion of social enemy; moralization of the working class; prison, colony, army, police.  In the nineteenth century, worker illegalism, target of the whole repressive system of the bourgeoisie.

nine

28 February 1973 (B) France (continued). Pinning the moral on the penal. 4.

Peasant depredation: in the eighteenth century, illegalism as functional element of peasant life; end of eighteenth century,

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Contents ix

abolition of feudal rights; nineteenth century, tighter exploitation.

The case of the exploitation of forests. New illegalism against the contract; challenge and civil dispute. 5. Consequences: (i) the army as source and exchanger of illegalisms; (ii) illegalism as the stake of the Revolution; (iii) a massive and programmed bourgeois response: the “lower class” as “degenerate class.”

The new character of the delinquent: wild, immoral, but can be regenerated by superintendence.  Reflections: the intelligence of the bourgeoisie; the stupidity of intellectuals; the seriousness of the struggle. ten

7 March 1973 170 Analogies between Target and the Quakers. (I) Fear at the start of the nineteenth century: 1. linked to the new modes of production; a fear of the worker, of his desire and his body; 2. grounded in reality; 3. fear of the laboring class; 4. of the fact that “they” do not work enough. Threat to the capitalist apparatus. The penal system is directed at the worker’s body, desire, and need. Double requirement: free market and discipline.

The worker’s record book (livret). (II) Penal dualism: the double front of penality. 1. Recodification of crimes and penalties: homogeneous, positive, constraining, representative, effective. 2.

Integration of a moral conditioning: aggravating and extenuating circumstances; supervision; reformatories; re-education.  Law–correction duality. Criminology: a discourse that ensures the transcription of this duality. Monomania.  Symbiosis of criminology and penal system.

eleven

14 March 1973 186 (I) New illegalism: from depredation to dissipation. Refusing one’s labor-power. The worker’s body as dominant factor: idleness; refusal to work; irregularity; nomadism; festivity; refusal of family; debauchery. (A) History of laziness. Classical idleness of seventeenth and eighteenth centuries; collective and organized refusal in the nineteenth century. (B) Characteristics of this dissipation: reciprocal reinforcement of illegalisms;

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collective and easy to spread; infra-legal; profitable to the bourgeoisie; object of disapproval. The three forms of dissipation: intemperance, improvidence, disorderliness. The three institutions of dissipation: festivity, lottery, cohabitation. (II) Controlling dissipation. Para-penal mechanisms; savings book; worker’s record book. Graduated, continuous, and accumulative system.

(III) Continuity and capillarization of justice in everyday life. General supervision. Examination form. The supervision– punishment couple. Disciplinary society. twelve

201 21 March 1973 The factory-barracks-convent at Jujurieux. Minutely detailed regulations, employers’ Icaria. (I) The institutions of confinement: pedagogical, corrective, therapeutic. Architectural and micro-sociological research. (II) Analysis of these institutions. (A) New form of confinement-sequestration. Three differences from the classical age. 1. Form of hyper-power.

2. Normalization. 3. Intra-State system. (B) The functions of sequestration. The sequestration of time. Subjection of the time of life to the time of production. 2. Direct or indirect control of entire existence. Fabrication of the social. 3. Permanent and uninterrupted judgment. 4. Production of a new type of discursivity: daily moral accounting of entire existence; ordered by reference to the normal and the abnormal.

225 thirteen 28 March 1973

Theme of the lectures: the prison-form as social form; a knowledge-power. (I) General analysis of power. Four schemas to be rejected. 1. Appropriation: power is not possessed, it is exercised. The case of worker saving. 2. Localization: power is not strictly localized in the State apparatuses, but is much more deep rooted. The case of police in the eighteenth century and of the penal in the nineteenth century. 3. Subordination: power does not guarantee, but constitutes modes of production. The case of sequestration. 4. Ideology: the exercise of power is not the site of the formation of ideology, but of knowledge; all knowledge makes

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possible the exercise of a power. The case of administrative survey (surveillance). (II) Analysis of disciplinary power: normalization, habit, discipline.  Comparison of the use of the term “habit” in the philosophy of the eighteenth and nineteenth centuries. Comparison of power-sovereignty in the eighteenth century and power-normalization in the nineteenth century.  Sequestration produces the norm and produces normal individuals. New type of discourses: the human sciences.

Course summary

248

Course context

265

Index of concepts and notions

311

Index of names

319

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Foreword

MICHEL FOUCAULT TAUGHT AT the Collège de France from January 1971 until his death in June 1984 (with the exception of 1977 when he took a sabbatical year). The title of his chair was “The History of Systems of Thought.”

On the proposal of Jules Vuillemin, the chair was created on 30 November 1969 by the general assembly of the professors of the Collège de France and replaced that of “The History of Philosophical Thought” held by Jean Hyppolite until his death. The same assembly elected Michel Foucault to the new chair on 12 April 1970.1 He was 43 years old.

Michel Foucault’s inaugural lecture was delivered on 2 December 1970.2 Teaching at the Collège de France is governed by particular rules.

Professors must provide 26 hours of teaching a year (with the possibility of a maximum of half this total being given in the form of seminars3).

Each year they must present their original research and this obliges them to change the content of their teaching for each course. Courses and seminars are completely open; no enrolment or qualification is required and the professors do not award any qualifications.4 In the terminology of the Collège de France, the professors do not have students but only auditors.

Michel Foucault’s courses were held every Wednesday from January to March. The huge audience made up of students, teachers, researchers and the curious, including many who came from outside France, required two amphitheaters of the Collège de France. Foucault often complained about the distance between himself and his “public” and of how few exchanges the course made possible.5 He would have liked a seminar

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Foreword xiii

in which real collective work could take place and made a number of attempts to bring this about. In the final years he devoted a long period to answering his auditors’ questions at the end of each course.

This is how Gérard Petitjean, a journalist from Le Nouvel Observateur, described the atmosphere at Foucault’s lectures in 1975: When Foucault enters the amphitheater, brisk and dynamic like someone who plunges into the water, he steps over bodies to reach his chair, pushes away the cassette recorders so he can put down his papers, removes his jacket, lights a lamp and sets off at full speed. His voice is strong and effective, amplified by the loudspeakers that are the only concession to modernism in a hall that is barely lit by light spread from stucco bowls. The hall has three hundred places and there are five hundred people packed together, filling the smallest free space … There is no oratorical effect. It is clear and terribly effective. There is absolutely no concession to improvisation. Foucault has twelve hours each year to explain in a public course the direction taken by his research in the year just ended. So everything is concentrated and he fills the margins like correspondents who have too much to say for the space available to them. At 19.15 Foucault stops. The students rush towards his desk; not to speak to him, but to stop their cassette recorders. There are no questions. In the pushing and shoving Foucault is alone. Foucault remarks: “It should be possible to discuss what I have put forward. Sometimes, when it has not been a good lecture, it would need very little, just one question, to put everything straight. However, this question never comes. The group effect in France makes any genuine discussion impossible. And as there is no feedback, the course is theatricalized. My relationship with the people there is like that of an actor or an acrobat. And when I have finished speaking, a sensation of total solitude …”6 Foucault approached his teaching as a researcher: explorations for a future book as well as the opening up of fields of problematization were formulated as an invitation to possible future researchers. This is why the courses at the Collège de France do not duplicate the published books. They are not sketches for the books even though both books

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xiv F o r e w o r d

and courses share certain themes. They have their own status. They arise from a specific discursive regime within the set of Foucault’s “philosophical activities.” In particular they set out the program for a genealogy of knowledge/power relations, which are the terms in which he thinks of his work from the beginning of the 1970s, as opposed to the program of an archeology of discursive formations that previously orientated his work.7 The course also performed a role in contemporary reality. Those who followed his courses were not only held in thrall by the narrative that unfolded week by week and seduced by the rigorous exposition, they also found a perspective on contemporary reality. Michel Foucault’s art consisted in using history to cut diagonally through contemporary reality. He could speak of Nietzsche or Aristotle, of expert psychiatric opinion or the Christian pastorate, but those who attended his lectures always took from what he said a perspective on the present and contemporary events. Foucault’s specific strength in his courses was the subtle interplay between learned erudition, personal commitment, and work on the event. ♠

With their development and refinement in the 1970s, Foucault’s desk was quickly invaded by cassette recorders. The courses—and some seminars—have thus been preserved.

This edition is based on the words delivered in public by Foucault.

It gives a transcription of these words that is as literal as possible.8 We would have liked to present it as such. However, the transition from an oral to a written presentation calls for editorial intervention: at the very least it requires the introduction of punctuation and division into paragraphs. Our principle has been always to remain as close as possible to the course actually delivered.

Summaries and repetitions have been removed whenever it seemed to be absolutely necessary. Interrupted sentences have been restored and faulty constructions corrected. Suspension points indicate that the recording is inaudible. When a sentence is obscure there is a conjectural integration or an addition between square brackets. An asterisk

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Foreword xv

directing the reader to the bottom of the page indicates a significant divergence between the notes used by Foucault and the words actually uttered. Quotations have been checked and references to the texts used are indicated. The critical apparatus is limited to the elucidation of obscure points, the explanation of some allusions and the clarification of critical points. To make the lectures easier to read, each lecture is preceded by a brief summary that indicates its principal articulations.

For this year, 1972-1973, we do not have the recordings of Foucault’s lectures made by Gilbert Burlet, but we do have a typescript produced

by Jacqueline Germé. The text is based on this typescript and Foucault’s preparatory manuscript. In the “Course Context,” Bernard E. Harcourt explains the criteria employed to edit the text.9 The text of the course is followed by the summary published by the Annuaire du Collège de France. Foucault usually wrote these in June, some time after the end of the course. It was an opportunity for him to pick out retrospectively the intention and objectives of the course. It constitutes the best introduction to the course.

Each volume ends with a “context” for which the course editors are responsible. It seeks to provide the reader with elements of the biographical, ideological, and political context, situating the course within the published work and providing indications concerning its place within the corpus used in order to facilitate understanding and to avoid misinterpretations that might arise from a neglect of the circumstances in which each course was developed and delivered.

The Punitive Society, the course delivered in 1973, is edited by Bernard E. Harcourt. ♠

A new aspect of Michel Foucault’s “œuvre” is published with this edition of the Collège de France courses.

Strictly speaking it is not a matter of unpublished work, since this edition reproduces words uttered publicly by Foucault. The written material Foucault used to support his lectures could be highly developed, as this volume attests.

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xvi F o r e w o r d

This edition of the Collège de France courses was authorized by Michel Foucault’s heirs who wanted to be able to satisfy the strong demand for their publication, in France as elsewhere, and to do this under indisputably responsible conditions. The editors have tried to be equal to the degree of confidence placed in them.

FRANÇOIS EWALD AND ALESSANDRO FONTANA

Alessandro Fontana died on 17 February 2013 before being able to complete the edition of Michel Foucault’s lectures at the Collège de France, of which he was one of the initiators. Because it will maintain the style and rigor that he gave to it, the edition will continue to be published under his authority until its completion.—F.E.

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Foreword xvii 1. Michel Foucault concluded a short document drawn up in support of his candidacy with these words: “We should undertake the history of systems of thought.” “Titres et travaux,” in Dits et Écrits, 1954-1988, four volumes, eds. Daniel Defert and François Ewald (Paris: Gallimard, 1994) vol. 1, p. 846; English translation by Robert Hurley, “Candidacy Presentation: Collège de France” in The Essential Works of Michel Foucault, 1954-1984, vol. 1: Ethics: Subjectivity and Truth, ed. Paul Rabinow (New York: The New Press, 1997) p. 9.

2. It was published by Gallimard in May 1971 with the title L’Ordre du discours, Paris, 1971.

English translation by Ian McLeod, “The Order of Discourse,” in Robert Young, ed., Untying the Text (London: Routledge and Kegan Paul, 1981).

3. This was Foucault’s practice until the start of the 1980s.

4. Within the framework of the Collège de France.

5. In 1976, in the vain hope of reducing the size of the audience, Michel Foucault changed the time of his course from 17.45 to 9.00. See the beginning of the first lecture (7 January 1976) of “Il faut défendre la société.” Cours au Collège de France, 1976 (Paris: Gallimard/Seuil, 1997); English translation by David Macey, “Society Must be Defended.” Lectures at the Collège de France 1975-1976 (New York: Picador, 2003).

6. Gérard Petitjean, “Les Grands Prêtres de l’université française,” Le Nouvel Observateur, 7 April 1975.

7. See especially, “Nietzsche, la généalogie, l’histoire,” in Dits et Écrits, vol. 2, p. 137; English translation by Donald F. Brouchard and Sherry Simon, “Nietzsche, Genealogy, History” in The Essential Works of Michel Foucault 1954-1984, vol. 2: Aesthetics, Method, and Epistemology, ed.

James Faubion (New York: The New Press, 1998) pp. 369-392.

8. We have made use of the recordings made by Gilbert Burlet and Jacques Lagrange in particular.

These are deposited in the Collège de France and the Institut Mémoires de l’Édition Contemporaine.

9. See below pp. 299-300.

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Index of Concepts and Notions Compiled by Sue Carlton

Page numbers followed by n refer to end of chapter notes abortion, right to 112, 113, 121n, 145 administrative survey (surveillance) 233–6 Annales d’agriculture 159 anthropemy (exclusion) 2, 15n anthropophagy 2, 4, 5, 11, 16n archeological approach 84, 93n, 111, 289, 290, 292, 297 architecture 22–3, 38n, 72–3, 204 assimilation 2, 4, 15n Attica prison (US) 268, 269, 281, 284 Austrian Criminal Code 101, 117n, 250 banishment/exile 4, 9, 62, 69, 74n see also exclusion; transportation body/bodies control of 81n, 218–19, 242n, 261–2, 275, 287 see also marking as labor-power 173–4, 187, 196, 202 waste of 187, 192 see also dissipation Botany Bay 251 bourgeoisie 174, 228, 291 control of juridical system 140, 145–6, 149–50, 158, 174, 283, 305n illegalisms of 144, 148, 151, 191

Foucault 02 index 311

and popular illegalisms 151, 152n, 156, 161–2, 191, 279, 281, 282–3, 290, 292, 296 and stupidity 164–6, 270 Brussels Congress (1847) 250, 251 capitalism 110–11, 140, 173, 210, 273, 278–9, 287–8 Cayenne penal colony 251 Le Chapelier law 175, 182n, 183n Le Château des Pyrénées (Radcliffe) 53, 55, 58–9n Church and criminal justice system 89–90 English dissident communities 86, 96n, 102, 268, 289 and punitive confinement 85–6, 91–2 civil war 13–14, 271–2 and class struggle 266, 271, 276–7, 284 and politics 273–4 and power 29–32, 271–2 and war of all against all 13, 24–9, 34, 39n, 229, 271 class struggle 268, 278, 288, 304n and civil war 266, 271, 276–7, 284 classifying societies 1–14, 248–9 assimilation and exclusion 2–12, 15n

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312 I n d e x classifying societies—continued cremation and burial 1, 15n dealing with dangerous individuals 2–14 Clermont judges, and smugglers 162–3 Code d’instruction criminelle (1808) 22, 23, 39n, 63, 177 cohabitation 187, 192 Comité d’action des prisonniers 265–6 compensation 7, 9, 18n, 19n, 248 confession 195, 215, 224n confinement 203–8, 217, 249–52, 256–7, 266 as form of hyper-power 205–7, 219 institutions of 203–9 see also factory-convents as punitive tactic 4, 8, 9, 11, 12, 13, 16n, 24, 248, 249–50, 267 security-confinement 249 sequestration 208–16, 217, 218 control of sexuality 213–14 and normalization 207–8, 218 and State apparatus 207, 209, 217 substitute-confinement 249 and supervision 258 see also prison-form; prison/ imprisonment Conseils de Prud’hommes 195, 197n craft industry, and illegalism 148 Criminal Code (1767) 63 criminal-social enemy 32–7, 43–5, 52–3, 114, 149–50, 163 appearance of 44, 53, 61, 62–3, 65 and civil war 266, 284 as exchanger 34–5, 36–7, 54, 289 in literature 53–5 and punishment and correction 63–72, 82–3, 164, 253–4 and refusal to work 48–9 see also delinquents/delinquency; vagabonds/vagabondage criminality and inadequate laws 49–50

Foucault 02 index 312

as social pathology 35–6 see also illegalisms; psychopathology criminology 66, 91, 178–9 death penalty 8, 10–11, 19–20n, 61–2, 63, 86 society’s right to kill 51, 62 delinquents/delinquency 55, 149, 178, 251–2, 262–3, 295, 298 economic analysis of 45–50 and movement in society 53–4 recruits for police and army 150–1 see also criminal-social enemy; criminality; vagabonds/ vagabondage depredation 104, 110, 135, 147–9, 160, 186–7, 190–1, 283 and nomadism 193 value of 154n see also dissipation; illegalisms, lower-class (popular) deviation 66, 252 disciplinary power 237–41, 265, 278–9, 295 and new type of discourse 240–1 see also habit disciplinary society 114, 196, 239, 271, 276, 294, 295 disorderliness 128, 187, 192, 257 dissipation 105, 187, 188–92, 260, 283 control of irregularity 193–6 employment tribunals 195, 197n England control and supervision 102–12, 122, 133–4, 217 and development of capitalism 104–5, 110, 111, 112 groups maintaining order 102–7, 257–8, 268 new system of control 105–12 police 104, 108, 109, 110

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Index 313 societies for suppression of vice 102–3, 105–7, 110, 111–12, 258 enslavement/forced labor 50, 63–4, 69–70, 114, 250, 255 see also punishment, model of slavery evil 55, 87–8, 170–1 examination 56, 115, 196, 199n, 219, 267, 283 exclusion 2–7, 8–10, 11, 12, 16–17n, 36, 217 see also banishment/exile; transportation factory-convents 201–4, 206–7, 209–10, 221n, 273 regulations 202–3, 210, 212 see also Jujurieux silk mill; Villeneuvette wool factory fascism 125, 175, 286, 293 Ferme générale 162–3 festivity 192, 218, 232, 287 feudalism 52, 181, 206, 207 fines 8, 9–10, 18n, 71, 80n, 141, 142, 143 forests codes 75n, 260 exploitation of 157–8 France abolition of feudal rights 157–8 factory-barracks-convent see factoryconvents; Jujurieux silk mill; Villeneuvette wool factory printers’ strike (Paris-1793) 128–9 social control 123–35, 139–51, 155–66, 258 counter-investment of groups 126–7, 131 see also lettres de cachet emergence of centralized State bodies 134–5 investment by lateral social interest 125 monarchy 123, 126, 127, 230

Foucault 02 index 313

parajudicial State apparatus 124, 126, 128, 131, 258 police 124, 125, 258 reformatories 134 removal and confinement 124, 133, 201–20 see also confinement; sequestration fraud 142, 148, 149 French Revolution (1789) 28, 234, 243, 258, 259 and abolition of feudal rights 157 and popular illegalism 145–6, 158–9, 160 September massacres 30 genealogical approach 84, 93n, 111, 291, 292, 297 Gil Blas (Lesage) 53–4, 55, 58n Gordon Riots 103, 119n, 258, 277 grain riots 29–30, 158 Groupe d’information sur les prisons (G.I.P.) 80n, 94n, 265, 269, 270 habit 64, 174, 237–40, 245–6n, 265, 291 of work 50, 64, 76n see also disciplinary power homosexuality 214 hôpitaux générales 129 hospital 38n, 77n, 91 psychiatric 4–5 ideology 233, 236, 272, 273, 286, 288 idleness 46, 105, 112, 187, 189, 255 illegalisms 140–51, 156–64, 277, 278, 280, 281–3 of the army 160–1 and birth of industrial society 161 business 142–3, 144, 282 and evasion of law 175–6 of government 143 and legality 144–6 lower-class see popular illegalisms

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314 I n d e x illegalisms—continued of the privileged 142–3, 144, 145, 148, 282 see also depredation; dissipation improvidence 172, 187, 192, 205 informers 149, 154n, 262 intemperance 187, 192 judicial apparatus 124, 258 and control of penitentiary system 66 controlled by bourgeoisie 123, 144, 145–6, 283 Jujurieux silk mill 201–2, 210, 212, 221n, 273 jury 35, 36, 119n, 199n labor as essence of man 287 forced 50, 63–4, 69–70, 250 see also enslavement/forced labour; punishment, model of slavery and prison 71–2, 83 shortage of 46 labor-power 232–3 and defects of working class 187–8 refusal of 187–96 laissez-faire 277 laws 53, 142–50 inadequate 49–50 measures to deal with vagabonds 50–1 and morality 107–9 see also morality, and penality and social utility 41–2n, 67, 87, 107 see also illegalisms lettres de cachet 126–34, 139, 192, 249, 257 knowledge formed from 131–3 replaced by centralized apparatus 134–5 limit 6, 17n, 40–1n, 196 lottery 192, 211, 260 lower classes and morality 106–8

Foucault 02 index 314

and resort to law 144 as target of police 109 see also popular illegalisms (lower-class) Luddite movement 31, 40–1n, 277, 280 Magistrates’ Association 179, 184–5n Maine weavers 141–2 maisons de force 129, 249 marginalization 16–17n, 125, 195, 207–8, 236, 261, 262, 293 market riots (18th C) 28, 29–30, 144 marking as punitive tactic 7–8, 9–11, 12, 248, 261 see also punishment, model of infamy/shame; torture Methodists 102, 106, 117–18n, 257 Mettray agricultural colony 204, 216, 222n, 295 monasteries 84–6, 92, 95n monomania 178–9, 184n moral dissidence 112 morality 289–93 and class 106–7 coercion 110–11 control and superintendence of 102–7, 291–2 and defects of working class 187–8 moral training 105, 193, 260 and penal system 105, 106–12, 177 present-day struggle against coercion 112–13 Ney prison (Toul), revolt (1971) 269 nomadism 190, 191, 228, 283 moral 192–3 Nu-pieds 30–1, 40n, 280 panopticism 38n, 77n, 115, 219, 242n, 258, 262, 276, 294 Panopticon 38n, 64, 77n, 115, 222n, 258

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Index 315 paramilitary self-defence groups 103–4 Paris ragmen, revolt (1832) 171, 180n Penal Code (England) 86, 105 Penal Code (France) 163, 174, 179, 250, 295–6 1791 62, 64, 65, 73n, 96n 1810 22, 63, 175–6, 183n reform of (1831) 22, 63, 250 penal system 177–8 made by some for others 22, 24 and morality 105, 106–12, 177 and religion 91–2 and repression 277–8, 279–80 role of fear 171–4 transformation at turn of 19th century 258–63, 283 and universal superintendence 22–4 see also judicial apparatus; prison/ imprisonment; punishment penalties as debt 10, 52, 71–2, 248 see also compensation; redemption and progress of social integration 178 penance 67, 73n, 85, 89, 90, 91, 135, 195, 290, 291 penitentiary (pénitentier) 89, 92, 99–100, 291 Philadelphia prison model 37, 88–9, 107n physiocrats 45, 47–8, 56–7n police 35 England 104, 108, 109, 110, 146, 258 France 124, 125, 146, 230, 258, 283 recruitment of delinquents 150–1 popular illegalisms (lower-class) 140–1, 143–51, 160–2, 176 and moralization 296–7 no longer tolerated 146–8, 151, 152n, 155–6, 282–3, 290–2 see also criminal, as social enemy; delinquency and political struggle 143–4, 161

Foucault 02 index 315

and production system (refusal to work) 187–96, 258–61 control of irregularity 193–6, 259, 260 rural 156–60, 259–60 see also depredation; dissipation Port of London workers 147 power 227–41, 271, 288 appropriation/exercise of 228–9, 280 extraction of time 83 and ideology 233, 236, 272, 273, 288 and knowledge 233–6, 271 localization of 229–31 and morality 87 and normalization 239–40 and production 231–3, 239 and sovereignty 8, 11, 232, 239–40, 295 see also disciplinary power; sequestration priest, role in prison 91–2, 135, 291 prison-form 225–7 generalization/universalization of 100–1, 111, 252–6, 290–1 conditions of acceptability 102–12, 293 and monastic form 84–6 as social form 227, 266, 267 and wage-form 71–2, 83, 266, 292 prison/imprisonment 63–7, 84–6, 206, 249 criticisms of 250–2 development of penitentiary system 99–100, 139–40, 146, 150–1, 156, 250, 268, 286 see also penality, transformation of and diet 73, 88 functions of 90–1, 256–8 mass incarceration 269–70 penitentiary reform 17n, 251 see also Philadelphia prison model and power 227, 286 prisoners’ rights 265–6

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316 I n d e x prison/imprisonment—continued and religion 91–2 revolts 269 science of prisons 66, 78n, 252 and supervision 90–1 and time element 71–2, 83 see also confinement; prison-form prisoners’ organizations 265–6 Proclamation Society 103, 106, 118n production illegalism (refusal to work) 187–96, 258–61 and power 231–3, 239 protecting productive apparatus 174–5 prohibition 53, 93, 110, 111, 145, 159, 214–15 property 171, 259–60 and contract 238–9 protection from popular illegalisms 87, 108, 151, 175, 282–3, 292 see also depredation and rights 9, 135, 156, 157–60 psychiatric knowledge, and power 236 psychopathology 35–6, 91, 252, 291 punishment 53, 61, 63–72, 73–81n, 194–5 and Christian morality 89–90 see also Philadelphia prison model; Quakers model of infamy/shame 68–9, 70, 114, 254–5 see also marking model of slavery 69–70, 114, 255 see also enslavement/forced labor model of talion 69, 70, 114, 254 penal tactics 6–12, 248 principles of penalties 67–8, 253–4 to protect society 14, 33, 41n, 67, 68, 71, 89, 253–4 see also penal code; penal system; penalties; prison/imprisonment punitive society 140, 195, 266, 278

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Quakers 96n, 277, 296 and moral control 102, 106, 170–1, 268, 289 and penitentiary system 73, 86–8, 100, 101, 268, 289, 291, 295 redemption 7, 8, 9, 10, 12, 18n, 19n, 114, 248 riots 259, 277, 304n, 305n see also Gordon Riots; grain riots; market riots Rural Code (France-1791) 159 scapegoat 2, 16n sedition 140, 144, 158, 277, 278, 279, 280, 305n seditious mobs 140, 152n, 155, 278, 279, 282, 284 self-defence 49, 50–1, 106 paramilitary groups 103–4 September massacres (French Revolution) 30 sequestration 208–16, 217, 218, 231–3 acquisition of time 210–11, 218, 276 control of entire existence 211–16, 218–19, 276 fabrication of the social 214–15 and habit 237, 239 and new type of discursivity 215–16 permanent uninterrupted judgment 215 see also disciplinary power slavery see enslavement/forced labor; punishment, model of slavery smuggling 144, 147, 149, 153n, 156, 157, 162–3 social consciousness 36, 240 social institutions, common characteristics 275 Society for the Reformation of Manners 102–3

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Index 317 Society for the Suppression of Vice 103, 106, 107, 277 sociology 14n, 91, 240, 280 of criminality 35–6, 37, 247 sovereign 25, 49, 87, 253 as criminal’s adversary 33–4, 62, 74n, 77n, 89, 111, 253 and end of war of all against all 27–8, 32, 272 and normalization 224n and power 8, 11, 32, 107–8, 111, 128, 200n, 232 right to punish 41n sovereignty 73, 211 and power 8, 9, 199n, 200n, 204n, 239, 275 and ritual 239, 240 of State 109 territorial 232 spectacle, and surveillance 22–3, 38n, 258, 294 State and control of morality 106, 108, 110, 112, 170–1 and need for police 109 takeover of justice system 111–12, 114, 258 State apparatus counter-investment of groups 126–7, 131 ideological 272, 288 investment by lateral social interest 125 parajudicial 124, 126, 128, 131 and power 229–30 repressive 17, 120, 125, 272, 288, 293, 303n shift towards 108, 134, 139–40, 174, 258 superintendence 64, 146 by spontaneous groups 103–4, 107 of ports 64, 77n, 104, 108

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universal and constant 22–4, 77n see also supervision; surveillance supervision 4–5, 90–1, 110, 131, 164, 177, 214–15 and confinement 258 and punishment 196 within a group 204, 205, 207 see also administrative survey; superintendence; surveillance supplices 10–11, 14 surveillance see administrative survey; panopticism; superintendence; supervision; surveillance surveillance 23–4, 77n, 287, 291, 294 generalized 24, 38n, 135, 195–6, 226, 262, 283 and knowledge 227 and repression 140 surveil–punish couple 279, 295–8 taxation 188, 234, 244n, 246 avoided by vagabonds 47, 49, 51 exemptions 142 and justice system 90, 117n, 123, 125, 144, 162–3 refusal 143–4, 259 spontaneous 158, 161 torture 8, 10–11, 14, 261 see also marking total institutions 94n, 274–5, 303–4n transgression 5–6, 17n, 112, 145, 267, 280 transportation 50, 76n, 114, 119n, 251 see also banishment/exile; exclusion urbanization 171, 172 utopia 51, 68, 202, 203–4, 276 vagabonds/vagabondage 45–52, 124 enslavement of vagabonds 50 hunt and mass conscription 51 peasant self-defence 50–1 refusal to work 47–51

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318 I n d e x vagrancy 158, 193, 194 Vendée inhabitants, and illegalism 161, 167n Vendémiaire decree 194 vengeance 7, 9, 19n, 33, 114, 171 Villeneuvette wool factory 202–3, 207 Walnut Street prison 89, 92, 97n see also Philadelphia Prison model war of all against all and civil war 13, 24–9, 34, 39n, 229, 271 and competition 26, 27 and criminality/delinquency 24, 33, 34, 36, 49

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and distrust 26, 27 ended by appearance of sovereign 27–8, 32, 272 and glory (additional power) 26–7 War of American Independence 64 weaving profession, and illegalism 141–2, 146–7 worker saving 197n, 228–9 workers control of 174–5, 193–6 record book (livret ouvrier) 175, 182–3n, 191–2, 193, 194, 195, 198n, 215, 260 working class, defects of 187–8

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Index of names Compiled by Sue Carlton

Page numbers followed by n refer to end of chapter notes Althusser, Louis 242n, 243n, 271, 272–3, 278, 279, 284–6, 288 Argenson, Marc-René d’ 132 Balzac, Honoré de 59n, 160, 180n Beaumetz, B-A. Briois de 44, 45, 56n Beccaria, C. 33, 41n, 53, 67, 69, 74n, 79n, 80n, 87, 107, 108–9, 114, 177, 253, 255, 264n, 291, 296 Bentham, Jeremy 38n, 60n, 64, 77n, 107, 114, 119n, 120n, 222n, 276, 294 Béranger, Pierre Jean de 206, 223n Blackstone, Sir William 64, 75, 76–7n, 119n, 153 Blanqui, L.-A. 62, 75n Boadman, A. 105 Bois, Paul 141, 143 Breteuil, Baron de 134 Brissot, J.P. 67, 69, 79n, 81n, 87, 88, 253, 255, 291 Burke, Edmund 105, 106, 119–20n, 277 Burroughs, E. 87, 97n Castel, Robert 245n, 276 Chaptal, Jean-Antoine 234, 243n Chevalier, Louis 160n, 180n, 181n Chevalier, Michel 188

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Chomsky, Noam 284 Clausewitz, Carl von 273, 275, 278, 279, 298 Colquhoun, Patrick 108–9, 120n, 124, 147, 153–4n, 156, 161, 258, 277, 296 Damiens, Robert-François 11, 275 Decazes, Élie Louis 66, 78n, 206, 250 Defert, Daniel 18n, 80n, 94n, 244n, 298–9, 303n Deleuze, Gilles 269, 271, 276, 286 Dupin, Claude 240, 246n Duport, A. 64, 77n, 134, 138n Durkeim, Emile 240, 247n, 280 Fox, George 88, 97n Foyer, Jean 113, 121n Frégier, H.-A. 171, 172, 180n Goffman, Erving 94n, 274–5, 276, 279 Gros, Frédéric 283, 298 Grün, A.187–8 Guattari, Felix 276, 286 Guépin, Ange 246n Hanway, Jonas 277

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320 I n d e x Hobbes, T. 13, 24–5, 26–7, 28, 32, 39n, 271–2, 273, 279, 298 Howard, John 64, 76n, 117n, 277

Pontchartrain, Comte de 132 Porchnev, Boris 40n, 281, 304n Quesnay, François 57n, 236, 245n

Jackson, George 184n, 269 Joseph II, (of Austria) 101, 117n, 250, 258 Julius, N.H. 22–4, 37–8n, 39n, 78n, 92, 158, 219–20, 226, 251–2, 258, 276, 294 Kant, Immanuel 165, 272 Groundwork of the Metaphysics of Morals 23, 108, 276 La Rochefoucauld-Liancourt, F.-A.-F. de 88, 97–8n Le Dreuille, F.-A. 171, 181n Le Peletier de Saint-Fargeau, Louis-Michel 19, 62, 65, 67, 69, 73–4n, 83, 114, 116n, 253, 255 Le Trosne, G.-F. 45–52, 55, 57n, 66–7, 79n, 298 Lesage, A.-R., Gil Blas 58n Lévi-Strauss, C. 2, 4, 5, 6, 15n, 16n Livingstone, E. 256 Lucas, Charles 78n, 252 Marquet-Vasselot, L.-A.-A. 203, 222n Marx, K. 62, 74–5n, 276, 278–9, 284–6, 287, 297, 306–7n Montagne (smuggler) 163 Montalivet, M.-C. Bachasson, comte de 194 Muller, E. 204, 210 Napoleon Bonaparte 23 Napoleon III 125 Nietzsche, Friedrich 79n, 268, 270–1 Paley, W. 33, 41n

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Radcliffe, A., Le Château des Pyrénées 53, 55, 58–80n Regnaud de Saint-Jean-d’Angély, M.-L.-E. 175, 182n Rémusat, C. de 63, 76n, 250 Reybaud, Louis 202, 207, 211n, 222n Rivière, Pierre 160, 263 Robespierre, M. de 62, 74n Rothman, David 275, 276 Rousseau, J.-J. 13, 43, 246n Rudé, George 277 Saint-Simon, Louis de Rouvroy, duc de 240, 246n Sartine, A. de 235, 244n Sartre, Jean-Paul 79–80n, 269 Serpillon, F. 63, 75n Servan, J.M.A. 253 Sue, Eugéne 171, 180n Target, G. 163–4, 168n, 170 Thompson, Edward P. 277–8, 279 Thouinet 137n, 128–9 Thouvenin, J.-P. 188 Treilhard, Jean-Baptiste 39n, 220 Van Meenen, Pierre-François 76n, 250 Vauban, S. Le Prestre de 236, 244–5n Villeneuve-Bargemont, A. de 192, 203 Voltaire 79n, 239–40, 246–7n Watson, Richard, Bishop of Llandaff 107, 120n Weber, Max 279 Wesley, John 102–3, 117–18n, 133, 277 Wilberforce, William 103, 118n, 277

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