The principle of humane punishment remains undefined yet treated as insuperable

Evidence

These elements are so necessary and yet so uncertain that it is they, as disturbing as ever and still associated in the same dubious relation, that one finds today whenever the problem of an economy of punishment is posed. It is as if the eighteenth century had opened up the crisis of this economy and, in order to resolve it, proposed the fundamental law that punishment must have ‘humanity’ as its ‘measure’, without any definitive meaning being given to this principle, which nevertheless is regarded as insuperable. — Michel Foucault, Discipline & Punish- The Birth of the…, 127

Categorization

  • QUESTION: Worth chasing: how does the unresolved definition of ‘humanity as measure’ play out in modern penal debates the reader may encounter elsewhere?
  • XREF: connects to: Painless execution drugs are the logical terminus of non-corporal penality — Michel Foucault, Discipline & Punish- The Birth of the…, 46; Subtler punishment masked sovereign power rather than making it more humane; Humane punishment is really an economic regulation of power effects — Michel Foucault, Discipline & Punish- The Birth of the…, 150 (+2 more)

Broader Connections