Michel Foucault Surveiller et punir. La naissance de la prison - Eine Analyse (German Edition)

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Naissance de la prison. A Theory of Networks. Debates in the Digital Humanities. Hardt, Michael and Toni Negri: Das Testament des Dr. An Introduction to Actor-Network-Theory. Ordering, Strategy and Heterogeneity. Der Beginn der modernen Rundfunkforschung. The Shape of Things to Come. The Burgtheater and Austrian Identity. Theater and Cultural Politics in Vienna, — A Film Theory Reader.

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Motivation Research and Subliminal Advertising in America. The Father of Spin. Bernays and the Birth of Public Relations. The demand was such that the political authorities had seemed persuaded.

After many intervening events, including a draft bill made public on July 18, , the reform project, caught up in the imperatives of the election campaign and its focus on security issues, was put on a back burner. The diversity of participants in this movement may even suggest a positive outcome 2.

Nevertheless, one question seems to be absent from the current attempts to create a law governing the penitentiary.

For all these activist associations, academics, judges and politicians, the law would, in effect, be the guarantor of respect for rights in prison — the sine qua non of a prison that is respectful of human dignity, of a prison based on laws Froment, But none among them doubts the effectiveness of this same law in prison.

This raises questions about the place of norms in the context of total institutions Goffman, The March 16, adoption by the German parliament of a law respecting the execution of sentences has, in effect, settled the question of formal legality. But not the question concerning the respect for rights in prison. However, this work remains a legal research, and as such is based on the study of texts and their application by the jurisprudence of the two states concerned, in order to analyse the limitations of formal legality in an institution that creates its own rules.

Since , this obligation has been respected in prisons by virtue of the law relating to the execution of sentences Strafvollzugsgesetz. In France, the same principle is affirmed in Section 34 of the Constitution. Nevertheless, the legislature has not deemed it appropriate to legislate concerning the rights of people incarcerated in French prisons.

Two principles flow from this: Following these principles in a decision of the 4 th of March 5 , the constitutional court gave formal notice to the legislature to provide Germany with a law related to the execution of punishments.

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It contains paragraphs — the first of which defines the domain of its application: The subjects of the three paragraphs that follow are: Lastly, paragraph provides for legal limitations on the exercise of fundamental human rights: It was hoped, in effect, that the techniques of treatment could adapt to the evolution of knowledge in this domain 11 and that the restrictions necessary to rights and freedoms might intervene beyond what the law could foresee Supposedly meant to interpret the law and ensure its uniform application throughout the territory of the German Republic, these administrative regulations, while acting as the most frequent restraint on laws favourable to the prisoner, have allowed local authorities a great freedom of manoeuvre for the limitation of freedoms in the name of order and security Neubacher, This legal grey-area certainly allows for an adaptation of the norms to local situations, but it also creates a form of legal uncertainty, in that the application of law will depend on a relevant authority, its conception of its role, and its own imperatives.

But in the area of prisons, the legislature was content to confer to the regulatory power, using the expedient of Section of The Code of Penal Procedure, the mission of determining the organization and regulation of penal institutions. The essence of the measures managing the life of the prisoners is in fact contained in the regulatory part of The Code of Penal Procedure and the hierarchy of norms is found, by some inversion, in the part relating to the execution of sentences. Because there is no legal rationale justifying such a derogation from constitutional principle, a law would be necessary to consistently limit the exercise of the fundamental rights of the prisoners Canivet, , In this way, the regulation of searches of prisoners 13 , the regime regarding communications, written or telephonic 14 or the implementation of state constraints 15 are all very much part of a domain governed by decree.

It is the same for the disciplinary regime, which is entirely regulated by a decree of April 2, 16 , the constitutionality of which is questionable, according to Raymond Gassin Gassin, Circulars that are supposed to interpret the terms of a law Koubi, that does not exist, therefore govern permissions to leave 17 , body searches 18 , or use of isolation 19 , issues that relate to the rights of the person.

After a notice of the Council of State of October 3, 20 that confirmed the application of this law to prisons, the authorities, by means of a circular, tried to limit its effects, especially the potential for lawyers to appear before the disciplinary commision Moreover, the penal administration still does not allow other orders that are unfavourable to prisoners, such as solitary confinement, to be made subject to this law.

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The Minister of Justice, by way of a draft decree, reviewed with the correctional unions on Sept. This impression is re-enforced by the fact that in spite of the development of a national and European jurisprudence that increasingly tends to limit arbitrary administrative decision-making, the exercise of rights in prisons continues to meet resistance from internal institutional rules. Similarly, in spite of nearly 30 years of penitentiary law as well as a rich jurisprudence, prisoner rights in Germany are far from what they should be according to the laws.

The question therefore arises whether these surviving prison regulations which interfere with fundamental rights, do so because the law is fundamentally flawed or just ineffective within the prisons. Another issue is whether the existence of laws is synonymous with the respect for rights.

Forty years later, and in spite of a prisoner escape rate among the lowest in Europe, the fear of escapes and the imperatives of order and security have remained the foundational obsession of the French prison system Herzog-Evans, A union representative appearing before the commission of inquiry of the National Assembly in , stated that: It facilitates the social re-integration of those persons entrusted to it by judicial authority.

This is an interesting formulation because it shows that the law itself creates a certain hierarchy between the goals of social reintegration and the maintenance of public security. In the first case, there is only a required conduct, in the second, a required result. To see a required result in relation to re-integration seems unlikely, indeed, undesirable.

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On the one hand, evaluating a successful re-integration requires a discussion of the criteria used: Integration into the work-force? Description Michel Foucault identified sexuality as one of the defining biopolitical technologies of the nineteenth and twentieth centuries. In fact, in this historical excavation of the biopolitical significance of the term, she argues that it could not have emerged at any other time. Repo shows that gender is not originally a feminist term, but emerged from the study of intersex and transsexual persons in the fields of sexology and psychology in the s and s.

Prior to the s gender was used to refer to various types of any number of phenomena — sometimes sex, but not necessarily. Its only regular usage was in linguistics, where it was used to classify nouns as masculine, feminine, or neuter. In the mid-twentieth century, gender shifted from being a nominator of types to designating the sexual order of things.

As with sexuality in the Victorian period, over the last sixty years, the notion of gender has become an entire field of knowledge. Gender has also become a key variable in social scientific surveys of different socio-political phenomena like voting, representation, employment, salaries, and parental leave decisions.

Michel Foucault

It critiques the emergence of gender in demographic science and the implications of this genealogy for feminist theory and politics today. Drawing on an a wide variety of historical and contemporary sources, the book makes a major theoretical argument about gender as a historically specific apparatus of biopower and calls into question the emancipatory potential of the category in feminist theory and politics. Rosie Smith, Book Review: The Sociological Imagination, It provides a detailed examination of the role of truth-telling throughout antiquity and its development into a key stone of contemporary European juridical proceedings.

Foucault guides the reader through the history of truth-telling within society, how it is constructed and how it affects power, knowledge, and the subject.