I have to say I'm all for public flogging. One type of criminal that a public humiliation might work particularly well with are the juvenile delinquents, a lot of whom consider it a badge of honor to be sent to juvenile detention. And it might not be such a cool thing in the 'hood' to be flogged publicly.
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I propose that it shall be no longer malum in se for a citizen to pummel, cowhide, kick, gouge, cut, wound, bruise, maim, burn, club, bastinado, flay, or even lynch a [government] jobholder, and that it shall be malum prohibitum only to the extent that the punishment exceeds the jobholder's deserts. The amount of this excess, if any, may be determined very conveniently by a petit jury, as other questions of guilt are now determined. The flogged judge, or Congressman, or other jobholder, on being discharged from hospital — or his chief heir, in case he has perished — goes before a grand jury and makes a complaint, and, if a true bill is found, a petit jury is empaneled and all the evidence is put before it. If it decides that the jobholder deserves the punishment inflicted upon him, the citizen who inflicted it is acquitted with honor. If, on the contrary, it decides that this punishment was excessive, then the citizen is adjudged guilty of assault, mayhem, murder, or whatever it is, in a degree apportioned to the difference between what the jobholder deserved and what he got, and punishment for that excess follows in the usual course.
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The public execution, then, has a juridico-political function. It is a ceremonial by which a momentarily injured sovereignty is reconstituted. It restores that sovereignty by manifesting it at its most spectacular. The public execution, however hasty and everyday, belongs to a whole series of great rituals in which power is eclipsed and restored (coronation, entry of the king into a conquered city, the submission of rebellious subjects); over and above the crime that has placed the sovereign in contempt, it deploys before all eyes an invincible force. Its aim is not so much to re-establish a balance as to bring into play, as its extreme point, the dissymmetry between the subject who has dared to violate the law and the all-powerful sovereign who displays his strength.
Children were flogged and slowly dismembered in front of their parents, whose eyelids had been sliced off to make sure they missed nothing. Extremities were amputated carefully, so that a person could remain conscious even when all that remained was a torso and head. Male genitals were removed and burned in front of wives, breasts hacked off and vaginas penetrated by swords while husbands were forced to watch.
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We must put these things in the perspective of the age, its ubiquitous cruelty: flogging and beating were frequent, schoolmasters believed in beating learning into their pupils' heads — the exemplary was frequently beaten for her book. For scolds there were s or gags across the mouth, spiked chastity-belts for unreliable wives, s for women who made nuisances of themselves.
The man who has graduated from the flogging block at Eton to the bench from which he sentences the garrotter to be flogged is the same social product as the garrotter who has been kicked by his father and cuffed by his mother until he has grown strong enough to throttle and rob the rich citizen whose money he desires.
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