Contract theory makes every crime an attack on the whole social body

Evidence

At the level of principles, this new strategy falls easily into the general theory of the contract. The citizen is presumed to have accepted once and for all, with the laws of society, the very law by which he may be punished. Thus the criminal appears as a juridically paradoxical being. He has broken the pact, he is therefore the enemy of society as a whole, but he participates in the punishment that is practised upon him. The least crime attacks the whole of society; and the whole of society – including the criminal – is present in the least punishment. Penal punishment is therefore a generalized function, coextensive with the function of the social body and with each of its elements. — Michel Foucault, Discipline & Punish- The Birth of the…, 146

Categorization

  • XREF: Links to the SocialContract tradition (Rousseau, Hobbes) and connects forward to how panoptic power position. Every individual as participant in their own governance. — connects to: Every crime was treated as an assault on the sovereign’s person — Michel Foucault, Discipline & Punish- The Birth of the…, 108; Hate crimes function as terroristic message crimes targeting entire communities. — A. Hussain, N. Meer, Framing Muslim Integration, 372