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Penal law was not created by the common people, nor by the peasantry, nor by the proletariat, but entirely by the bourgeoisie as an important tactical weapon in this system of divisions which they wished to introduce.
Michel Foucault
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Interpretation

What this quote means

This quote emphasizes that legal systems are constructed by the ruling class to maintain social divisions and control.

Michel Foucault argues that penal law is a construct of the bourgeoisie, suggesting that it serves their interests and reinforces societal hierarchies. By stating that this law was not created by the common people or lower classes, he highlights the idea that power structures are maintained through legal systems designed to divide and regulate society according to class lines.

Themes

LawBourgeoisiePowerSocietyDivision

In practice

Example use cases

During a lecture on social justice, one might reference this quote to discuss how laws can perpetuate inequality.

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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.
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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.
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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.
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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.
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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.
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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).
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