Developing Global Leaders: Insights From African Case Studies

Springer Verlag (2019)
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Abstract

“What characterizes the act of justice is not resort to a court and to judges; it is not the intervention of magistrates (even if they had to be simple mediators or arbitrators). What characterizes the juridical act, the process or the procedure in the broad sense, is the regulated development of a dispute. And the intervention of judges, their opinion or decision, is only ever an episode in this development. What defines the juridical order is the way in which one confronts one another, the way in which one struggles. The rule and the struggle, the rule in the struggle, this is the juridical.” - Michel Foucault Penal Theories and Institutions is the title Michel Foucault gave to the lectures he delivered at the Collège de France from November 1971 to March 1972. In these lectures Michel Foucault presents for the first time his approach to the question of power that will be the focus of his research up to the writing of Discipline and Punish (1975) and beyond. His analysis starts with a detailed account of Richelieu’s repression of the Nu-pieds revolt (1639-1640) and then goes on to show how the apparatus of power developed by the monarchy on this occasion breaks with the system of juridical and judicial institutions of the Middle Ages and opens out onto a “judicial State apparatus”, a “repressive system”, whose function is focused on the confinement of those who challenge its order. Michel Foucault systemizes the approach of a history of truth on the basis of the study of “juridico-political matrices” that he had begun in the previous year’s lectures (Lectures on the Will to Know) and which is at the heart of the notion of “knowledge-power”. In these lectures Foucault develops his theory of justice and penal law. The appearance of this volume marks the end of the publication of the series Foucault’s courses at the Collège de France (the first volume of which was published in 1997).

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Chapters

9 FEBRUARY 1972

I. History of Germanic penal law : its residues in penal law of the Middle Ages. The accusatory procedure, the diffamatio. The system of proof: a test which determines the winner. The truth is not at stake in the oaths, ordeals, and judicial duel. Private war as modality of law in the Middle Ages. T... see more

2 FEBRUARY 1972

Opposition of the new repressive system to the old one: antagonism between processes which gives rise to the birth of justice as both a specific and a state controlled apparatus. I. History of the judicial apparatus in the eighteenth century: political struggles, operational conflicts, and determina... see more

seven: 26 JANUARY 1972

The failure of the repression carried out by the Chancellor Séguier and then the Fronde gave rise to the setting up of three new institutions: a centralized justice ; the police; a punitive system by removal from the population, confinement, deportation. In response to popular struggles, the repress... see more

six: 19 JANUARY 1972

A remarkable system of repression for several reasons. I. Internal coherence: interplay of differentiated sanctions aiming to break the previous alliances of social groups; financial profit given to the privileged in return for maintenance of order; formation of a third instance as administrative in... see more

five: 12 JANUARY 1972

I. Entry of the civil power into Rouen and formation of the visible body of the State. ~ The Chancellor goes beyond the traditional judicial rules and unites the orders of justice and military force: the State takes on a repressive power. ~ Appearance of that third purely repressive function of the ... see more

four: 22 DECEMBER 1971

Reminder: Analysis at three levels of the first episode of repression by armed justice . ~ Development on the basis of the third level: a dramatization in four acts. Royal power designates the population as “social enemy”. The local powers bring their submission but try to limit and moderate royal p... see more

three: 15 DECEMBER 1971

An “armed justice”: the repressive tactic as series of circumstantial operations; deferred doubling of the military by the civil: chronological gap between slow intervention by the army and the entry on the scene of the civil power. ~ Analysis in terms of relations of force: formation of an armed re... see more

two: 1 DECEMBER 1971

Summary of stages: a popular revolt aimed at the State tax system; evasion of nobility, bourgeoisie, and members of the Parlement; the army as sole guarantor: towards the century of “armed justice”; royal power introduces the new repressive system. ~ How to do the history of this new repressive syst... see more

one: 24 NOVEMBER 1971

Methodological principle: analysis of the penal system to be set in the context of systems of repression in order to throw light on the historical development of moral, sociological, and psychological notions; political crime and common law crime. ~ Historical object: to study the repression of popu... see more

thirteen: 8 MARCH 1972

I. After analysis of the function and power relations of penal justice in the Middle Ages, studying its knowledge effects: not in the sense of ideological operations, but of production of truth. ~ In Germanic law, the test establishes the superiority of one over the other. ~ In the new penal regime ... see more

twelve: 1 MARCH 1972

Summary: crises and social struggles of the thirteenth and fourteenth centuries lead to the centralization of royal power and the setting up of a royal justice which appears in the institution of a Parlement. Three characteristics of State justice: universal, compulsory, delegated. ~ Two other measu... see more

eleven: 23 FEBRUARY 1972

I. Endogenous process. The function of peace institutions in the Middle Ages: 1/ constitution of a space of justitia guaranteed by the judiciary as public authority; 2/ constitution of better assured zones of taxation which double the procedure; 3/ distribution of arms, intervention of force, and fo... see more

ten: 16 FEBRUARY 1972

Distinction between medieval pre-State structures and the State apparatuses which replace them. Penal practice in the Middle Ages, which is inserted between civil dispute and violent despoilment, consists in a political-economic correlation; it redistributes property, wealth, and goods: it is the “j... see more

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