Saturday, October 17, 2015

D&P Part Two 'Generalized punishment' & 'The gentle way in punishment'

CGC
October 15, 2015

Questions
1 1) Writing history à need to create a time slice: What does that necessity do to the study? Does Foucault have an answer for that?
2 2) How does Foucault explain the coherence of divergent interests in an economy of power? How do they coalesce?
3 3) Unpack the relationship between subject of the law and imprisonment as an apparatus of knowledge.
4 4) Where is Foucault located in identifying this pattern? (p.89) – Especially in the roles that scales, series, and principles play.
5 5)  How does humanity emerge as an effect of measurement? (p.75); (p.90) criminal as “juridically paradoxical being?”
6 6) What is the significance of an “ultimate crime”? (p.92)


Discussion
RE 1):

Transition point – tracking movement from torture/excessive spectacle to punishment/different economy of power. Slice marking vague boundaries of transition? Worry about clean narrative – point at which something beginning and ends. Marking a transition period, movement? Is this tracking the concern in the question? Effect and cause as happening at the same time – reading causality into the two moments? Simultaneous emergence, but a function of the medium – having to write a text (text as providing a causal form because of its particular medium?) Neither causal nor incidental, but co-constitutive? Capital/accumulative relationship – shift in economy shaping and shaped by form of punishment. Tendencies to establish causal relationships as part of his project of questioning power relationships? Is there anything residual and unintended that comes with that? When Foucault takes a time slice, where is he locating himself?

à Q.4 – providing a novel way in identifying patterns – linearity and causality as distinct concepts – text as providing linearity, but not necessarily causal. Making a claim about what was “really” happening? Sounds a little bit (perhaps not really doing this) like he’s saying, “I’m going to uncover to “real” story; what really happened” – Compelling in his narration, but not actually grappling with this question. – Practicing his method that fits into a linear, narrative style? Uncovering – different way to problematize and question. What does it mean to say (on p.89) that these principles are the essential raisons d’etre of penal reform – contingently essential/necessary à What’s the criteria of what counts as establishing this story? Status of the essential here? Identifying a pattern via his particular time-location? Is he using ‘models’ (p.120) as schematic? Moving in and out of the local and the general? If he’s making claims about what is happening/what is really happening, does it make a difference that (p.89) he’s talking about new technologies, objects, but principles are just one of the elements?

(p.127) – trying to find distinction between these reformatories and the reformers’ conception of punishment? Some focus on techniques that modulates a concern that he’s doing ideology critique or ‘unmasking’? Does it matter that his analytic has shifted from one of theories/laws to one of instruments and tactics/techniques? – Not making ideological claims, but a claim about techniques. Question about scale – empirical instances of models as “standing in” for something bigger? Pulling out patterns that are compelling, but presumably there is vast material in the archives and he is the person pulling out the pattern. Writing other causes not included in the genealogy – Question of selection?

Transition from language of tactic/technique to one of strategy (89). Techniques being used v. identifying a unifying strategy in relation to those techniques. Economy as a corollary to this? Tying together the narrative about techniques in a particular way. ‘Semio-technique’ relation to ideology (p.103)? Semio-technique = pattern/approach taken by gentle reformers. Relationship between punishment and crime. à semantic correspondence between your crime and your punishment in semio-technique (p.111-113). Description of the field, pattern he sees rather than the pattern through which he’s seeing. Location of the genealogy?

What’s the criteria for establishing the pattern he sees vs. the pattern through which he sees. Letting the story emerge through the material? Imposition of a pattern? Judgment being made in the methodology? Criteria of selection – what’s the status of the claim? What are some of the patterns Foucault worries about superimposing on the history? Shifts in the way he’s telling the story to destabilize the idea that he is superimposing some schematic on the material. Is there the “right patterns”? Are we assuming that this can be done “objectively” at all? Assuming a standard of history that’s never questioned? – What’s the geographical specificity? Not accounting for colonial encounter? Able to describe how the logic of avoiding colonialism can work…telling us a lot about how hegemony explains and masks itself.

Substantive claims vs. methodology? Method of avoidance? Is there an obligation to talk about every problem? Mode of exposing? Is this something we want? Exposure of penal system in France has certain implications…opening spaces of appeasement and new tactics of governance. Recent phenomena? Two ways of dealing with the gaps in what he’s doing. 1) Mount a criticism of Foucault 2) Mount a criticism of ourselves à negative philosophy as incredibly problematic – trying to pull something out of the text. Important to mark the gaps for ourselves, writing 40 years later. It is a history, but not the History. Critique of the content of the text of what he should have done or where he should have been located. Not arguing that this is the central story, but a story that opens up a way of critiquing certain relations. Style, approach, method – showing different ways of not falling into telling the story. Counter-conduct as forms of resistances – a conduct that is countering a conduct, but it is itself a conduct…Foucault’s work as a conduct that is aware of its own positionality.

RE 5):
(p.75) – humanity as the outcome of this new economy, this new measurement. (p.90) – Becoming an enemy of the people, punishment must have humanity as its measure – shift from vengeance of the sovereign to defense of the society. Questioning humanity and questioning measurement and how those are related for him. What do the reformers say in this chapter? (p.73) – Movement at end of 18th C. to wipe out cruel and unusual punishment à humanity gets set up in the context of this claim – respect the dignity of humanity. Story about the great reformers, producing this great notion of humanity – sounds like a good thing. Part of this included society’s self-regulation. Freedom, like humanity, taken as an inherent good, but a produced/emergent concept. Humanity as an affective rejection of excessive violence – way of conceptually specifying what is betrayed in the excessive violence of torture and in the violence of rebellion. Skeptical of rhetoric, the rhetoric of ‘the human’ emerging at this time. (p.78)

Rhetoric vs. techniques à to be more effective and punish ‘better’. Not a new sensibility – just another policy. Enlightenment discourse à humanity becomes a ‘thing’ – something around which “strategic coincidence emerges” (p.78). Stepping back from the text – not reconstructing the argument, but moving past that level of theoretical architecture. Continues to evoke the theoretical architecture as itself a technique. Tracking how one does that – to maintain a hold on the theoretical construct, but putting it in motion with other things and seeing how its part of a broader strategic field à how it gets produced & with what else is it produced?

(p.77-78) – “remarkable strategic coincidence” à what’s the justification for this? – discourse & techniques of punishing “better” – Not justifying the reinterpretation of the reformers– attributing strategy where there is only technique? Techniques = specific tactics; Technology = the logic of the techne – seeing strategic patterns that he’s assembling together out of al of these specificities. à a strategy, a technology (bigger assemblage) rather than just a tactic – what level is this at (not at level of intentionality).


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