Foucault's Crime And Punishment Analysis

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Foucault has seen imprisonment as humiliating and gruesome as compared to corporal punishment (Foucault, 1995 cited in Scarre, 2003). The concern about human rights always have the utmost importance, be it about the judicial penalty or anything to do with daily life. Here, the main focus is about how the offender is being treated as compared to that of the person who imposed the penalty upon the offender. Inhumane treatment could be caused by either direct infliction or with the involvement of neglectful treatment against the offender. For a case of cruelness, it depends on the party who causes the cruelty as it may be done deliberately and/or purposefully. Whereas for an inhumane person, he “may just not be moved enough to pay close attention to the …show more content…
As Murtagh (2012, p. 90) states in his study about inhumane punishment: “With respect to legal punishment, an inhumane punishment is one that involves a grossly disproportionately severe amount of suffering. The suffering involved can either be deliberately imposed or it can be the result of indifference or neglect. If the suffering is deliberately imposed, the punishment will be cruel and inhumane. If the suffering is the result of indifference or neglect, the punishment will be inhumane but not cruel.” With these few definitions and interpretations, I had come out with my own take on inhumane which is a punishment that is either causing excessive suffering to the offender or disproportionate and unreasonable. On a retributivist approach, for example, one who has committed a crime by torturing and harming victims is punished corporally and it is deserving and proportionate. Whereas from the perspective of abolitionists, people have been punished inhumanely as the punishment received is disproportionate to the crime committed. However, for any committed crime, there is no ideal punishment to be given. Would it mean that other punishments, apart from corporal punishment, are humane and proportionate to its committed

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