Civilization and its lies -- See the state for what it is -- The double reality of violence -- Part three. Day after day, week after week, an immense array of legal and repressive operations occurs in courtrooms, these spaces that are at once central, open, and—because they are so intimidating—little known. It is a part of our everyday lives. He then calls for conviction and states the punishment desired by the prosecution. Description: 1 online resource Contents: Part one. What kinds of power, coercion, and domination do they exert? When I speak of the system of judgment and punishment, I refer to an unconscious structure within which and based on which different national judicial systems define themselves and express their unique characteristics. Geoffroy de Lagasnerie spent years sitting in on trials, watching as individuals were judged and sentenced for armed robbery, assault, rape, and murder.
Undertaking such a critique is our right. Instead, it leads to trauma, dispossession, and violence. Along with a critical retooling of sociological inquiry, this groundbreaking work offers an exploration of justice as an institution. Men represent approximately 90 percent of those convicted. Summary What remains anti-democratic in our criminal justice systems, and where does it come from? The criminal trial, a magnifying mirror, reveals our true condition as political subjects. The law is often presented as the reign of reason over passion. Only by overturning our inherited legal fictions can we envision forms of truer justice.
What does it underscore, and to what does it draw attention if not, in the end, the impossibility of establishing any such connection? In evaluating the potential of the restorative process we can ask about the extent to which it has staged and communicated contradictions and clarified different social norms and values among the members of a community; the degree to which it has unblocked dialogue and challenged the silence or the monologising forces and voices; the degree to which it has uncovered inequities and conditions which might have generated the conflict; and its effectiveness in creating collective actions that aim to challenge the status quo, while strengthening future cooperation and solidarity. Next, two or three people argue against or on behalf of the defendant, who then waits, surrounded by police officers or gendarmes, for the court to finish deliberating and to reconvene. In order to pronounce a judgment, a trial must construct an individualizing story of actors and their acts; but in order to punish, each act between individuals must be transformed into an aggression against society as a whole, against the state itself. Beyond responsibility -- The politics of perceptions -- An individualizing narrative -- React differently -- Part four. . Combining narratives of real trials with theoretical analysis, Judge and Punish shows that juridical institutions are not merely a response to crime.
The justice system functions as an objective possibility in our lives that each of us must take into account and that shapes each one of us as a result. The proportion of nonwhites blacks, North Africans, Asians and foreigners Poles, Indians, Serbs, Somalis, etc. Everyone would have granted me the argument or premise that I would have ultimately produced, one that is already widely expressed, known, and understood. Accuse and punish -- The logic of punishment -- What is a crime? What intimate part of us does that system affect? Only by overturning our inherited legal fictions can we envision forms of truer justice. During a trial, the consequences of structural and collective forces are absent, even as, a few inches away, on the other side of the wall, their impact is visible for all to see.
Restorative justice can be in fact be put on trial for responding to the immediacy of the conflict or harm without situating it in a broader framework, ignoring the fact that many instances of so-called criminal behaviour stem from much deeper and wider social problems. A bracing combination of social theory and empirical observation. How does the criminal justice system address suffering or handle subjected or inflicted pain? His experience led to this original reflection on the penal state, power, and violence that identifies a paradox in the way justice is exercised in liberal democracies. A multitude of acts occur on a daily basis: people are judged, convicted or acquitted, or compensated. Every criminal justice system differs when it comes to how and when this conversion of crime into time or money is discussed. We cannot therefore accept the current forms and modes of the system of judgement as self-evident and irreproachable p.
In order to pronounce a judgment, a trial must construct an individualizing story of actors and their acts; but in order to punish, each act between individuals must be transformed into an aggression against society as a whole, against the state itself. On what principles are these mechanisms based? What is the source of the immunity of our system of judgment and the trial form? This book is in no way intended to advance something that resembles, either directly or indirectly, suppression of the law or of the ethical order. Scales and numbers matter also in another way when we think of punishment. In order to pronounce a judgment, a trial must construct an individualizing story of actors and their acts; but in order to punish, each act between individuals must be transformed into an aggression against society as a whole, against the state itself. On what principles are these mechanisms based? I am struck by the fact that critical theory dedicates a great deal of its energy to imagining new arrangements that will redefine the global organization of our societies. Destabilizing and anti-institutional, this is an important book; its sharp attacks on academic social science and 'expertise' will surely spark reaction, attack, and debate, and with good reason.
The law of silence is a code of honor in their world. Such processes cannot offer alternatives to the socio-economic and other cultural factors which may give rise to complex social conflicts but can promote a reflection about them and ideally lead to new cooperative and transformative forms of social action and co-responsibility. The existing forms of the trial and act of judgment remain uncontested and appear incontestable, as if transforming the way we handle crimes and questioning our impulse to judge and punish appeared more utopian and out of reach than dismantling national borders or establishing communism on an international scale. The criminal trial, a magnifying mirror, reveals our true condition as political subjects. To what connection does therefore refer? But in a way, the very repetition of those acts immunizes the penal apparatus from criticism. The law is often presented as the reign of reason over passion. ¹ That ratio also applies to the majority of countries in Europe and to the United States.
In clear and accessible language, his book makes an original and thought-provoking contribution to our understanding of the judicial system in Western democracies. The state power that is de facto exercised on our lives, liberty, and property is so intense that challenging it with radical and ethical concerns becomes a quasi-ontological necessity. The revolution he proposes is mental, with neither redistribution of wealth or regime change as prerequisites, but it remains radical. Thus, one of the grounds that restorative justice challenges the criminal justice is in its intimate architecture of delegation and therefore its sovereign legitimacy. The law is often presented as the reign of reason over passion.