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Foucault's Punitive System Summary

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Throughout Foucault’s reading he talks about punitive justice in two different ways. Although he talks about the differences in the punitive system in history and where it is today he does not seem to say that one is better than the other. In history he talks about how the prisoners were executed or punished in front of the whole community. The punishments were meant to inflict the most pain possible on the prisoner and show the community what would happen to those who disobey the laws. There was no mercy shown on these people and the body was so important. The body should experience the same amount of pain or more depending on what the crime was. Things have changed in today’s punitive system. In today’s system the death penalty is still …show more content…
Foucault says that judges nowadays are there more than to just judge the crimes. They are there to exert their power and to function in the system rather than to actually punish the criminals. I believe that Foucault would disagree with Scalia about what judges are actually doing these days. For Scalia he tells that the judges are there to look at the constitution and laws and to determine whether the convicted has broken anything that is there job to uphold. They much not impose their beliefs when weighing whether a person is guilty or not. I feel that Foucault is saying the opposite, that rather than doing their duty of upholding the laws they are finding more and more power as long as they keep the system …show more content…
The power still is on the body just the knowledge of how to handle the punishment has changed. It is not so much important for the person to physically be punished, but to find other ways to punish using the body. Both Scalia and Foucault point out that most people believe the penal system is in place to help stop crime or make it better when really that is a hard task to do. It also may not be the true reason behind why the death sentence is still in place as it has been throughout

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