Courts punish qualities hidden behind acts, not just the acts themselves

Evidence

Certainly the ‘crimes’ and ‘offences’ on which judgement is passed are juridical objects defined by the code, but judgement is also passed on the passions, instincts, anomalies, infirmities, maladjustments, effects of environment or heredity; acts of aggression are punished, so also, through them, is aggressivity; rape, but at the same time perversions; murders, but also drives and desires. — Michel Foucault, Discipline & Punish- The Birth of the
, 58

Categorization

  • XREF: Mirrors the telescreen’s surveillance of intentions and mental states rather than only actions, per the reader’s thesis. — connects to: Discipline judges individuals themselves, not just their acts — Michel Foucault, Discipline & Punish- The Birth of the
, 279; Disciplinary punishment targets failure to conform, not just law-breaking — Michel Foucault, Discipline & Punish- The Birth of the
, 276; Courts won’t punish or reward either side based on moral fault like affairs — Infidelity and Divorce in California: What It Really Means for Your Case