confession – Discipline & Punish http://blogs.elsweb.org/disciplinepunish Early American Crime Narratives Mon, 04 Jun 2007 21:45:54 +0000 en-US hourly 1 https://wordpress.org/?v=6.3.2 foucault ch. 2 http://blogs.elsweb.org/disciplinepunish/foucault-ch-2/ Mon, 04 Jun 2007 21:36:53 +0000 http://blogs.elsweb.org/disciplinepunish/2007/06/04/foucault-ch-2/ Continue reading ]]> (this is an older post, but i had combined it with the pillars of salt post and went back to separat

the two into two individual posts.)

1. pain– suffering and distress in varying degrees of severity takes on a completely different definition in Foucault’s text. in fact, he presents pain as the foundation upon which the “technique” of torture is built. in fact, Foucault points out that in order for an act to be considered torture, it must obey three criteria, all of which pivots around pain. “it must produce a certain degree of pain,…death is a torture [if it] is the occassion and the culmination of a calculated gradation of pain,…and death-torture is the art of maintaining life in pain.” “torture rests on a whole quantitative art of pain.”

2. confession– this disclosure of information, fact or not, is presented by Foucault as the key moment in one’s right to subject another to torture. I felt like it was presented as an interesting concept seeing as the emphasis placed on the confession seems to also function as an outlet of responsiblity for those imposing torture on someone else. “a real victory for the accused…was for the criminal to accept responsibility for his own crime and himself sign what had been skillfully and obscurely constructed by the preliminary investigation…they must if possible judge and condemn themselves.” it is outwardly stated, “the confession, an act of the criminal.”

3. torture– to return to a Foucault favorite, this infliction of severe physical pain as means of punishment is actually given a completely different definition in the text. in fact, it is defined as “…not savage…a regulated practice.” i feel that this definition of the term offers a new perspective on the act. torture is so unbeknownst to our society today that hearing it defined as “not savage” is almost offensive seeing as those being tortured were humans like ourselves.

However, it puts the whole judicial system into perspective, perhaps. as we look down upon people who, hundreds of years ago, practiced torture and say they were barbarous, is it possible that they would look at penal system today and say we are cowards? Would they feel that there has been an evolution or progression in punishment like we see it? maybe two moot points, but a point nonetheless. i just find it to be very interesting that the ultimate point of the judicial system is to produce justice and that, while embracing the differences between Foucault’s time period and our own in terms of punishment, both eras felt and feel as though they were achieving the same outcome: justice; however, going about it in two polar opposite ways: torturous to humane. it is fascinating that two different peoples feel that the exact same outcome can be produced from two completely opposite acts. i digress from my main point being torture.

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second foucault reading http://blogs.elsweb.org/disciplinepunish/second-foucault-reading/ Tue, 29 May 2007 22:02:36 +0000 http://blogs.elsweb.org/disciplinepunish/2007/05/29/second-foucault-reading/ Continue reading ]]> excessiveness – The most important factor of public punishment was the excessiveness that was employed whenever the punishment was enacted.  “excess of violence emploiyed is one of the elements of its glory:  the fact that the guilty man should moan and cry out under the blows is not a shameful side effect it is the very ceremonial of justice being expressed in all its force.  Justice pursues the body beyond all possible pain.”  ” In the ‘excesses’ of torture, a whole econonmy of power is invested.”  Power is also at stake in the process of public execution and torture.  The goal of these actions taken against a person was for those in position to rule over the citizens of a society to maintain that autonomous rule by exerting extra force on those who disobeyed their laws and commandments.

 confession – The ultimate goal of the penal system is the confession or admittance of guilt for a crime.  In most cases it is held that a confession means the truth has been told and the true guilty party has taken repsonsibility for the crime.  “Through it the accused committed himslef to the procedure; he signed the truth of the preliminary investigation.”  Torture is a way to get preople to fess up although strong enough men may be able to withstand it and maintain silence while weaker men will readily confess to crimes they haven’t committed.

demonstration – The scaffold was used “It was the task of the guilty man to bear openly his condemnation and the truth of the crime he had committed.”  “A successful public execution justified justice, in that it published the truth of the crime in the very body of the man to be executed.” “in torture, pain, confrontation and truth were bound together…”

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pillars of salt http://blogs.elsweb.org/disciplinepunish/third-posts/ Tue, 29 May 2007 17:53:28 +0000 http://blogs.elsweb.org/disciplinepunish/2007/05/29/third-posts/ Continue reading ]]> 1. participate-to take part. pillars of salt does a thorough job of showing the individual participants in public executions and punishment. one, or maybe just me, would at first think the only true participant in an execution would be the person being executed as he or she takes the dominate role. however, this text goes to show that everyone, down to the plebian towns- people play an imperative role in a criminal’s execution. “but the people came not just to watch, they came to participate. it was not only the idle and the curious who gathered to witness a…spectacle; people from a variety of levels and areas assembled to experience a carefully staged public ritual.” the commoners participated as viewers, as supporters of a man’s hanging, as judges of his crime; most importantly, they were innocent participants. those who had not participated in sinful, condmening acts. aside from the commoners, the clergy participated. Their participation was in the role as savior; the main character responsible, via their moving sermons and speeches pertaining to the accused, for saving a man’s soul and the soul’s of onlookers and witnesses. “in order to reinforce the social order, in order to reaffirm the values that the capital crime had threatened, minsters and magistrates collaborated in presenting Morgan before as many people as possible, and through their direction the ritual of death dramatized the condemned man’s struggles to escape a firey hell.”

2. death– the termination of life takes on a completely different meaning in Pillars of Salt. It was not just the act of passing away, but a form of entertainment. in terms of Morgan’s and Rodger’s executions, the said purpose of the public affair was to warn others of the outcome of wrong doing ON YOUR SOUL. however, perhaps the intention of the crowd was to witness something never before experienced. in fact, the text even states, “fully aware of the popular fascination with death. ” the onlookers are also actually referred to as an “audience.”

3. conversion– ultimately a change, i found the contrasting usage of the term, in comparison to that of Foucalt, very interesting. in this text, the interest in conversion was not placed on injust to just, but rather on sinner to non-sinner, wretched to holy. a criminal’s conversion is looked upon in this instance from a much more religious standpoint. “ministers became in- creasingly involved with arousing a more personal, evangelical form of piety.” and “criminal characterization similarly reflected this evangelical fervor, and narrative emphasis shifted from the individual’s desperate distress to his or her confident faith in Christ’s merciful love.”

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