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Forum Post: On obedience to "the Law"

Posted 13 years ago on Oct. 27, 2011, 1:34 p.m. EST by Dionysuslives (170)
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As Michel Foucault argues effectively in Discipline and Punish, the transition from the Middle Ages to the Modern age is characterized by a shift of emphasis within judicial systems from "punishing" wrongdoings to "correcting" behaviour. The critical point to be made here is that neither a legal system grounded in "punishment" nor one grounded in "corrections" is concerned with addressing the underlying motivations of so-called "criminal" behaviour. The central concern is with the regulation of the body, it's movements and gestures. If legal prohibition was enough to prevent violent crime, things like murder and rape would not happen. "Law" as an institution, regardless of its claims, has nothing to do with the legislation of Morality. It's sole pragmatic function is social control and the regulation of bodily behaviour. It's strength lies not in its moral rectitude but its ability to make use of coercion and violence to maintain social order.

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