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The Will to Punish (Hardcover)
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The Will to Punish (Hardcover)
Series: The Berkeley Tanner Lectures
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Over the last few decades, most societies have become more
repressive, their laws more relentless, their magistrates more
inflexible, independently of the evolution of crime. In The Will to
Punish, using an approach both genealogical and ethnographic,
distinguished anthropologist Didier Fassin addresses the major
issues raised by this punitive moment through an inquiry into the
very foundations of punishment. What is punishment? Why punish? Who
is punished? Through these three questions, he initiates a critical
dialogue with moral philosophy and legal theory on the definition,
the justification and the distribution of punishment. Discussing
various historical and national contexts, mobilizing a ten-year
research program on police, justice and prison, and taking up the
legacy of Friedrich Nietzsche and Michel Foucault, he shows that
the link between crime and punishment is an historical artifact,
that the response to crime has not always been the infliction of
pain, that punishment does not only proceed from rational logics
used to legitimize it, that more severity in sentencing often means
increasing social inequality before the law, and that the question,
"What should be punished?" always comes down to the questions "Whom
do we deem punishable?" and "Whom do we want to be spared?" Going
against a triumphant penal populism, this investigation proposes a
salutary revision of the presuppositions that nourish the passion
for punishing and invites to rethink the place of punishment in the
contemporary world. The theses developed in the volume are
discussed by criminologist David Garland, historian Rebecca
McLennan, and sociologist Bruce Western, to whom Didier Fassin
responds in a short essay.
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