Crime and Punishment

Proceedings of the Xxii World Congress of Philosophy 36:153-158 (2008)
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Abstract

In this paper, I will approach the problem of normalization within the context of crime and punishment in Nietzsche and Foucault. In modern theory and law, a linear, causal relationship has been established between crime and punishment with no regard to the socio-cultural context in which crimes and punishments take place. It was not until the nineteenth century that the problems of this relationship were exposed most notably by Dostoyevsky in fiction and later by Nietzsche in his theoretical writings (the essays) and in his introspective reflections (the aphorisms). Although, according to Foucault, the reformists of penal institutions around the turn to the nineteenth century expanded the domain of crime and punishment to other areas and social contexts, they too were not radical enough tounderstand the problem of crime and punishment in-depth and were not, therefore, capable of exposing them as a syndrome that is deeply rooted in the Occidental world-interpretation, its values and institutions. What I would like to show in this paper is how the syndrome of crime and punishment in the West is intricately tied to, what Nietzsche calls, the morality of good and evil (the slave morality, its absolute truth, and its normalizing trend and power) and how Foucault transplants the Nietzschean critical project to its institutional context. Despite agreements and continuities between the two thinkers, no doubt their differences toowill come to surface in this study.

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