The Will to Punish PDF
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The Will to Punish The Berkeley Tanner Lectures The Tanner Lectures on Human Values were established by the American scholar, industrialist, and philanthropist Obert Clark Tanner; they are presented annually at nine universities in the United States and England. The University of California, Berkeley became a permanent host of annual Tanner Lectures in the academic year 2000–2 001. This work is the eleventh in a series of books based on the Berkeley Tanner Lectures. The volume includes a revised version of the lectures that Didier Fassin presented at Berkeley in April 2016, together with the responses of the three invited commentators on that occasion—B ruce Western, Rebecca M. McLennan, David W. Garland—a nd a final rejoinder by Professor Fassin. The volume is edited by Christopher Kutz, who also contributes an introduction. The Berkeley Tanner Lecture Series was established in the belief that these distinguished lectures, to- gether with the lively debates stimulated by their presentation in Berkeley, deserve to be made available to a wider audience. Additional volumes are in preparation. Martin Jay R. Jay Wallace Series Editors Volumes Published in the Series Joseph Raz, The Practice of Value Edited by R. Jay Wallace With Christine M. Korsgaard, Robert Pippin, and Bernard Williams Frank Kermode, Pleasure and Change: The Aesthetics of Canon Edited by Robert Alter With Geoffrey Hartman, John Guillory, and Carey Perloff Seyla Benhabib, Another Cosmopolitanism Edited by Robert Post With Jeremy Waldron, Bonnie Honig, and Will Kymlicka Axel Honneth, Reification: A New Look at an Old Idea Edited by Martin Jay With Judith Butler, Raymond Guess, and Jonathan Lear Allan Gibbard, Reconciling Our Aims: In Search of Bases for Ethics Edited by Barry Stroud With Michael Bratman, John Broome, and F. M. Kamm Derek Parfit, On What Matters: Volumes 1 and 2 Edited by Samuel Scheffler With Susan Wolf, Allen Wood, Barbara Herman, and T. M. Scanlon, Jeremy Waldron, Dignity, Rank, and Rights Edited by Meir Dan- Cohen With Wai Chee Dimock, Don Herzog, and Michael Rosen Samuel Scheffler, Death and the Afterlife Edited by Niko Kolodny With Susan Wolf, Harry G. Frankfurt, and Seana Valentine Shiffrin Eric L. Santner, The Weight Of All Flesh: On the Subject- Matter of Political Economy Edited by Kevis Goodman With Bonnie Honig, Peter E. Gordon, and Hent De Vries F. M. Kamm, The Trolley Problem Mysteries Edited by Eric Rakowski With Judith Jarvis Thomson, Thomas Hurka, and Shelly Kagan The Will to Punish Didier Fassin With Commentaries by Bruce Western Rebecca M. McLennan David W. Garland Edited and Introduced by Christopher Kutz 1 1 Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and certain other countries. Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America. © The Regents of the University of California 2018 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above. You must not circulate this work in any other form and you must impose this same condition on any acquirer. CIP data is on file at the Library of Congress ISBN 978– 0– 19– 088858– 9 1 3 5 7 9 8 6 4 2 Printed by Sheridan Books, Inc., United States of America A French version of Didier Fassin’s text has been published under the title Punir: Une passion contemporaine (Le Seuil, 2017). Contents Acknowledgments vii Contributors ix Introduction 1 Christopher Kutz THE WILL TO PUNISH Didier Fassin Prologue: A Tale of Two Societies 15 Chapter 1: What Is Punishment? 32 Chapter 2: Why Does One Punish? 63 Chapter 3: Who Gets Punished? 91 Conclusion: Rethinking Punishment 120 COMMENTS Violence, Poverty, Values, and the Will to Punish 129 Bruce Western Ideal Theory and Historical Complexity 142 Rebecca M. McLennan . vi Contents The Rule of Law, Representational Struggles, and the Will to Punish 154 David W. Garland REPLY Didier Fassin What Is a Critique of Punishment? 171 Index 183 Acknowledgments Delivering the Tanner Lectures on Human Values is an immense honor, and succeeding the distinguished scholars and intellectuals who have previously given them is a great privilege. Anthropologists and sociologists are certainly not the most numerous in this prestig- ious list, and as it is the first time that someone from these disci- plines has this honor at the University of California, Berkeley, the challenge is even greater. I am therefore especially grateful to Chancellor Nicholas Dirks and Professor Martin Jay as well as the chair and vice chair, re- spectively, of the Tanner Committee for their invitation to de- velop these untimely meditations on punishment, if I may dare such reference to the author who has accompanied my reflection as I was preparing them. I also want to express my gratitude to Professors David Garland, Rebecca McLennan, and Bruce Western for having agreed to provide comments on my lectures; I could not have imagined a better set of discussants. Several colleagues and friends have made various contributions at different stages of the elaboration of this book, in particular Linda Bosniak, José Brunner, Bernard Harcourt, Axel Honneth, Jaeeun Kim, Christopher Kutz, Thomas Lemke, Allegra McLeod, Ayşe Parla, Yves Sintomer, Felix Trautmann, Peter Wagner, and Linda Zerilli, for which I am appre- ciative. In the preparation of the manuscript, I have also benefited from Laura McCune’s copyediting and Anne- Claire Defossez’s remarks. But since this theoretical reflection is based on ten years of em- pirical research on police, justice, and prisons in France, as part of an Advanced Grant from the European Research Council, I must finally acknowledge my debt toward all those who have rendered . viii Acknowledgments my work possible and have nourished it with their knowledge and experience: officers, commissioners, judges, lawyers, guards, war- dens, parole counselors, social workers, health professionals, public officials, politicians, activists, prisoners, citizens. I dedicate this essay to my father who passed away as I was pre- paring my lectures and whose inspiration is probably more pro- found than I even realize. Didier Fassin January 2017 Contributors Didier Fassin is the James D. Wolfensohn Professor of Social Science at the Institute for Advanced Study in Princeton and a di- rector of studies at the École des Hautes Études en Sciences Sociales in Paris. Anthropologist, sociologist, and physician, he has worked in Senegal, South Africa, Ecuador, and France in the domain of po- litical and moral anthropology. His recent work includes an ethnog- raphy of the French state based on fieldwork with the police, justice, and prison systems, which he conducted as part of his Advanced Grant of the European Research Council, and a theoretical reflec- tion on the public presence of the social science, which he presented in his recipient lecture for the Gold Medal in Anthropology at the Swedish Royal Academy of Arts and Sciences. He recently authored Humanitarian Reason: A Moral History of the Present (2011), Enforcing Order: An Ethnography of Urban Policing (2013), Prison Worlds: An Ethnography of the Carceral Condition (2016), and the forthcoming Life: A Critical User’s Manual. David Garland is Arthur T. Vanderbilt Professor of Law and a professor of sociology at New York University. His books include The Welfare State: A Very Short Introduction (2016), Peculiar Institution: America’s Death Penalty in an Age of Abolition (2010), The Culture of Control: Crime and Social Order in Contemporary Society (2001), Punishment and Modern Society: A Study in Social Theory (1990), and Punishment and Welfare: A History of Penal Strategies (1985; new ed. 2017). Christopher Kutz is C. William Maxeiner Distinguished Professor of Law in the Jurisprudence and Social Policy Program (Berkeley
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