Document Type : Research Paper
Authors
1 PHD student in Criminal law and Criminology at Kharazmi University
2 Associate Professor, Faculty of Law and Political Sciences, University of Tehran
3 Assistant Professor, Faculty of Law and Political Sciences at Kharazmi University
Abstract
abstract
Focusing on power is one of methods to analyse modern punishment. The kind of inference of power makes different analysis’s methods and results. Michel Foucault was one of thinkers that have considered power as relation between forces; and he use of Nietzsche’s method of genealogy for his analyse. Foucault believed that power is everywhere and have correlation relationship with knowledge, his analytic method about the complexity of power and modern disciplinary power and punishment is discourse of power and knowledge. Then, some questions had been mentioned by this method; from the concept of discourse to its usefulness in analysis modern punishment and its bounding or lasting at time. It will be tried in the current article that to answer the three mentioned questions with the analytical descriptive method. In result, it seems due to avoided of prevalent inferences of power, exaggeration in some of his genealogies and some of his unsaid, lead to Foucault' method be expired, but preventive look in the field of modern punishment and his implicit emphasis on such that, that is, punishment is something more than punishment, makes a way for his method to last.
Key words: modern punishment, power, genealogy, discourse, knowledge, discipline.
Keywords
Main Subjects
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118 | فصلنامه علمیِ پژوهش حقوق کیفری | دوره دوازدهم | شماره 45 | زمستان 1402
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