Bourgeois landed property recast peasant customary rights as theft requiring punishment

Evidence

Furthermore, as it was acquired in part by the bourgeoisie, now free of the feudal burdens that once weighed upon it, landed property became absolute property: all the tolerated ‘rights’ that the peasantry had acquired or preserved (the abandonment of old obligations or the consolidation of irregular practices: the right of free pasture, wood-collecting, etc.) were now rejected by the new owners who regarded them quite simply as theft (thus leading, among the people, to a series of chain reactions of an increasingly illegal, or, if one prefers the term, criminal kind: breaches of close, the theft or killing of cattle, fires, assaults, murders (cf. Festy and Agulhon). The illegality of rights, which often meant the survival of the most deprived, tended, with the new status of property, to become an illegality of property. It then had to be punished. — Michel Foucault, Discipline & Punish- The Birth of the…, 141

Categorization

  • XREF: This causal mechanism — recasting tolerated practice as criminal property violation — parallels the concept of moral entrepreneurship/social construction of deviance and feeds the reader’s thesis that discipline redefines transgression to extend power. — connects to: Capitalism recast tolerated popular customs as criminal property theft — Michel Foucault, Discipline & Punish- The Birth of the…, 143; Theft laws criminalized former slaves’ access to land’s spontaneous fruits.; Eighteenth-century popular illegality shifted from attacking rights to attacking property — Michel Foucault, Discipline & Punish- The Birth of the…, 141 (+10 more)
  • DEEPTHINKING: The core mechanism driving penal reform: not new compassion but a property-regime shift that reclassified survival practices as crimes, making punishment necessary and hence justifying deeper disciplinary control.

Broader Connections