Foreword / Alessandro Fontana

xii

Translator's note

xviii

One.

3 January 1973

1

(I).

The four penal tactics

1.

exclusion

2.

compensation

3.

marking

4.

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

Two.

10 January 1973

21

1.

The constant, universal war internal to society

2.

A Penal system that is neither universal 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

Three.

17 January 1973

43

(I).

Economic analysis of delinquency in the eighteenth century by the physiocrats. Le Trosne, Memoire 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 [ect.]

1.

enslavement

2.

outlawing

3.

Peasant Self-defense

4.

Mass Conscription

(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; in France, 1791--1821. Heterogeneity of criminal-social enemy and the prison: rift between the penal and the [ect.]

Five.

31 January 1973

82

(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 (penitentier)."

(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

(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

1.

Morality as foundation of the penal system

2.

Need for State-police

3.

Police target 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

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 [ect.]

Eight.

21 February 1973

139

(B).

France (continued). Recapitulation and outcome: the punitive society. Mechanism: control of lower-class or popular illegalism (illegalisme 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

155

(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, 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

Ten.

7 March 1973

170

(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

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; 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, [ect.]

(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.

21 March 1973

201

(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

Thirteen.

28 March 1973

225

(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 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

Course summary

248

Course context

265

Index of concepts and notions

311

Index of names

319