Questions:
1. (p. 178) Criminology and medico-juducial codification - what is the relation? What is transcription?
2. (p. 175) Fascism as connecting military force and corporatism to protect apparatus of production. How does this relate to capitalist penality?
3. (p. 173) How is 'illegalism' different from 'infra-legal illegalism'? What marks the distinction between them?
4. (p. 171) How does the earlier fear of the vagabond connect to urbanization? Is this the 'whole floating population turned out by poverty'?
5. (p. 175) How is the 'record book (livret)' connected to militarism and corporatism?
6. (p. 174) How is the civil code connected to habit? Is there a temporal dimension here?
Discussion
* Reference to the "text" and "discourse." We are not getting "behind" or "underneath" what is said. (p. 165)
- It seems like the concern is not the vagabond but the proximity of workers and how their habits are connected to profitability (Q4)
- Vagabond is the paradigmatic figure of delinquency - but now all of these other modes of punitive practices that are extended to workers
- Now, there is increase in state apparatus and production
- The workers are quasi-delinquent; Foucault wants to show the connection between work and punishment
- Narrative is about the mechanism of control towards non-working populations moving to the worker as the central site of concern
- Immorality, concerning "the body, need, desire, habit, and will" (p. 176); "whole system of moral conditioning needs to be incorporated into penality" (p. 176)
- Vagabond in 1714 (p. 45) versus workers in 1830 (p. 172) (Q4)
- Technique - penitentiary applied to vagabond; then penality extends to worker
- Social enemy as a figure is transcribed into "immature, maladjusted, and primitive" (Q1)
- "moralizing modulation" (p. 177)
- Shift to morality of worker over the contract (p. 174)
- Quakers not medico-judicial in their penitentiary
- No psychologists in prison
- Beccaria isn't connecting the medical to punishment
- Medicalization and moralization that are different
- Moralization now outside of prison
- (p. 91) medical health and religious transformation
- Discipline or the crafting of habits (moralization)
- Discipline and Punish - sovereign form of punishment versus reformers (Beccaria) versus disciplinary
- So, Beccaria is not disciplinary
- These are all in the discourse; practices are also part of what is said (Foucault is not giving conspiratorial social theory)
- (p. 179) "penal text" procedures of moralization
- Different functions of juridico-medical versus criminology (Q1)
- Criminology gives punishment to crime
- Medico-judicial gives the prediction of criminal
- "homicidal monomania" creates a medical cause (p. 179)
- Criminology transports medico-judicial model elsewhere
- Penal Code
- We could think of a practicing judge who says "I'm not a psychologist" and "social dangerousness is not an infraction in the code"
- Psychologist gives the law a way to identify social dangerousness - language of "dispositions"
- Branching out of a disciplinary society - not just people who commit crimes, but those who could potentially commit crimes (also extends beyond the domain of the courts)
- infra-legal illegalism - think of "infra" as "not quite" or "underneath" (Q3)
- But weren't the illegalisms already infra?
- Examples of "infra-legal": lazy, getting drunk, being late
- "infra-legal" illegalism is not opposed to illegalism (?)
- Disagreement on this point - weren't the earlier cases of illegalism cases which were illegal but not punished?
- Illegalisms that officially break the law versus those that don't
Note: Recommendation to read 14 March, 194-196, for the next week + 21 March
