« Judge and Punish. The Penal State on Trial ». Published by Stanford University Press


Judge and Punish. The Penal State on Trial. Stanford University Press.

What does it mean to judge and punish? To be judged? To accuse and repress? To be accused? On what principles are these mechanisms based? What kinds of power, coercion, and domination do they exert? How does the criminal justice system address suffering or handle subjected or inflicted pain?

Geoffroy de Lagasnerie spent years sitting in on trials, watching as individuals were judged and sentenced for armed robbery, assault, rape, and murder. His experience led to this original reflection on the penal state, power, and violence that identifies a paradox in the way justice is exercised in liberal democracies. In order to pronounce a judgment, a trial must construct an individualizing story of actors and their acts; but in order to punish, each act between individuals must be transformed into an aggression against society as a whole, against the state itself.

The law is often presented as the reign of reason over passion. Instead, it leads to trauma, dispossession, and violence. Only by overturning our inherited legal fictions can we envision forms of truer justice. Combining narratives of real trials with theoretical analysis, Judge and Punish shows that juridical institutions are not merely a response to crime. The state claims to guarantee our security, yet from our birth, we also belong to it. The criminal trial, a magnifying mirror, reveals our true condition as political subjects.

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