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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.
Paul-Michel Doria Foucault (15 October 1926 – 25 June 1984) was a French philosopher, historian of ideas, writer, political activist, literary critic, and Professor of the History of Systems of Thought at the Collège de France from 1970 until his death in 1984. Foucault's theories primarily address the relationship between power and knowledge, and how they are used as a form of social control through societal institutions. He revolutionized the academic study of the history of medicine, sexuality, penality, the liberal state and classical ethics, and contributed to the philosophy of language and aesthetics.
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The political, ethical, social, philosophical problem of our day is not to try to liberate the individual from the state and from the state's institutions but to liberate us both from the state and from the type of individualization which is linked to the state. We have to promote new forms of subjectivity through the refusal of this kind of individuality which has been imposed on us for several centuries.
Beneath the humanization of the penalties, what one finds are all those rules that authorize, or rather demand, 'leniency', as a calculated economy of the powder to punish. But they also provoke a shift in the point of application of this power: it is no longer the body, with the ritual play of excessive pains, spectacular branding in the ritual of the public execution; it is the mind or rather a play of representations and sings circulating discreetly but necessarily and evidently in the minds of all. It is no longer the body, but the soul, said Mably. And we see very clearly what he meant by this term: the correlative of a technique of power. Old 'anatomies' of punishment are abandoned, But have we really entered the age of non-corporal punishment?