The public execution, then, has a juridico-political function. It is a ceremonial by which a momentarily injured sovereignty is reconstituted. It res… - Michel Foucault

This book is intended as a correlative history of the modern soul and of a new power to judge; a genealogy of the present scientifico-legal complex from which the power to punish derives its bases, justifications and rules, from which it extends its effects and by which it extends its effects and by which it masks its exorbitant singularity.

By power... I do not understand a general system of domination exercised by one element or one group over another, whose effects... traverse the entire body social... It seems to me that first what needs to be understood is the multiplicity of relations of force that are immanent to the domain wherein they are exercised, and that are constitutive of its organization; the game that through incessant struggle and confrontation transforms them, reinforces them, inverts them; the supports these relations of force find in each other, so as to form a chain or system, or, on the other hand, the gaps, the contradictions that isolate them from each other; in the end, the strategies in which they take effect, and whose general pattern or institutional crystallization is embodied in the mechanisms of the state, in the formulation of the law, in social hegemonies. The condition of possibility of power... should not be sought in the primary existence of a central point, in a unique space of sovereignty whence would radiate derivative and descendent forms; it is the moving base of relations of force that incessantly induce, by their inequality, states of power, but always local and unstable. Omnipresence of power: not at all because it regroups everything under its invincible unity, but because it is produced at every instant, at every point, or moreover in every relation between one point and another. Power is everywhere: not that it engulfs everything, but that it comes from everywhere.

We must first rid ourselves of the illusion that penality is above all (if not exclusively) a means of reducing crime and that, in this role, according to the social forms, the political systems or beliefs, it may be severe or lenient, tend towards expiation of obtaining redress, towards the pursuit of individuals or the attribution of collective responsibility. We must analyse rather the ‘concrete systems of punishment’, study them as social phenomena that cannot be accounted for by the juridical structure of society alone, nor by its fundamental ethical choices; we must situate them in their field of operation, in which the punishment of crime is not the sole element; we must show that punitive measures are not simply ‘negative’ mechanisms that make it possible to repress, to prevent, to exclude, to eliminate; but that they are linked to a whole series of positive and useful effects which it is their task to support (and, in this sense,although legal punishment is carried out in order to punish offences, one might say that the definition of offences and their prosecution are carried out in turn in order to maintain the punitive mechanisms and their functions).