When Casanova turned his face and covered his ears: A reading of criminal humanism in dialogue with Michel Foucault

The famous ordeal of Damiens, occurred in the second half of the 18th century and relegated to oblivion, was resurrected in the second half of the 20th century with the publication of Discipline and Punish, by Michel Foucault, which opens the book with its description, followed by transcription of t...

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Detalhes bibliográficos
Autor: Oliveira, Luciano
Formato: artículo
Estado:Versión publicada
Fecha de publicación:2021
País:Brasil
Recursos:Associação Brasileira de Pesquisadores em Sociologia do Direito (ABraSD)
Repositorio:Revista Brasileira de Sociologia do Direito
Idioma:portugués
OAI Identifier:oai:ojs.revista.abrasd.com.br:article/605
Acesso em linha:https://revista.abrasd.com.br/index.php/rbsd/article/view/605
Access Level:acceso abierto
Palavra-chave:abolition of torture
penal humanism
modern sensibility
Foucault
Beccaria
abolição dos suplícios
humanismo penal
sensibilidade moderna
Descrição
Resumo:The famous ordeal of Damiens, occurred in the second half of the 18th century and relegated to oblivion, was resurrected in the second half of the 20th century with the publication of Discipline and Punish, by Michel Foucault, which opens the book with its description, followed by transcription of the regulation of a prison in 1832, where silence, work and prayer replace the dismemberment to which Damiens was subjected, because in modern penal regimes the penalty, instead of gloating over bodies, is aimed at training souls - which today we would call it “resocialization”. Why did this happen? For Foucault, the replacement of torture in public squares by prison only expresses a "relocation of the power to punish", aiming at the production of politically "docile" and economically productive bodies, having nothing to do with a "progress of humanism", as he wants the penal doctrine. The article, mobilizing a little publicized bibliography in Brazil, proposes a re-reading of Foucault's critique of the “penal humanism” of authors such as Beccaria and others, supporting the thesis that, alongside utilitarian reasons, the penal reforms of the 18th century also express a new sensitivity against physical punishment.