My hypothesis is not so much that the court is the natural expression of popular justice, but rather that its historical function is to ensnare it, to control it and strangle it, by re-inscribing it within institutions which are typical of a state apparatus.
Interpretation
Foucault critiques how the court system manages justice by framing it within state-controlled institutions.
In this quote, Michel Foucault suggests that the courts do not merely reflect popular notions of justice but rather manipulate and contain those ideas within formalized legal structures. He argues that this historical role of the courts serves to limit the expression of justice, making it conform to the expectations and regulations of state apparatuses, thereby maintaining societal control.
In practice
In a debate about legal reform, one could use this quote to illustrate the limitations of the current justice system.
A real subjection is born mechanically from a fictitious relation [...] He who is subjected to a field of visibility, and who knows it, assumes responsibility for the constraints of power; he makes them play spontaneously upon himself; he inscribed in himself the power relation in which he simultaneously plays both roles; he becomes the principle of his own subjection.
Matthey, a Geneva physician very close to Rousseau's influence, formulates the prospect for all men of reason: 'Do not glory in your state, if you are wise and civilized men; an instant suffices to disturb and annihilate that supposed wisdom of which you are so proud; an unexpected event, a sharp and sudden emotion of the soul will abruptly change the most reasonable and intelligent man into a raving idiot.
But the guilty person is only one of the targets of punishment. For punishment is directed above all at others, at all the potentially guilty.
I don’t feel that it is necessary to know exactly what I am. The main interest in life and work is to become someone else that you were not in the beginning. If you knew when you began a book what you would say at the end, do you think that you would have the courage to write it? What is true for writing and for love relationships is true also for life. The game is worthwhile insofar as we don’t know what will be the end.
You may have killed God beneath the weight of all that you have said; but don't imagine that, with all that you are saying, you will make a man that will live longer than he.
The work of an intellectual is not to mould the political will of others; it is, through the analyses that he does in his own field, to re-examine evidence and assumptions, to shake up habitual ways of working and thinking, to dissipate conventional familiarities, to re-evaluate rules and institutions and to participate in the formation of a political will (where he has his role as citizen to play).
Memory is all we are. Moments and feelings, captured in amber, strung on filaments of reason. Take a man’s memories and you take all of him. Chip away a memory at a time and you destroy him as surely as if you hammered nail after nail through his skull.
whose steps were a restless substitute for flight.
..the United States is subject to the scrutiny of a candid world ... what the United States does, for good or for ill, continues to be watched by the international community, in particular by organizations concerned with the advancement of the rule of law and respect for human dignity.
Real wealth consists in things of utility and beauty, in things that help to create strong, beautiful bodies and surroundings inspiring to live in.
No burden is so heavy for a man to bear as a succession of happy days.
Self-awareness is a trait that not only makes us human but also paradoxically makes us want to be more than merely human. As I said in my BBC Reith Lectures, “Science tells us we are merely beasts, but we don’t feel like that. We feel like angels trapped inside the bodies of beasts, forever craving transcendence
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