Abstract

The profound influence of French philosopher and historian Michel Foucault reverberates across various fields of study, notably in law and the social sciences. One of his most prominent works is Discipline and Punish, a genealogical study outlining the development of the punitive state. In the book, Foucault discusses two eras of punishment: the premodern and modern periods. Foucault asserts that premodern punishment was rooted in the persistent occurrence of public torture and execution, while the silent and powerful strategy of discipline characterizes modern punishment. However, Discipline and Punish was written in the mid-1970s, and it is no secret that technology has advanced significantly since Foucault put his pen to paper. Society now witnesses ruthless violence performed on behalf of the state through phone screens and social media, mirroring the public torture and execution that distinguished the premodern era. Concurrently, police officers have become subjects of constant observation, adding a fascinating dimension to Foucault’s foundational theories on discipline. Taken together, these developments indicate that Foucault’s work exists as a baseline for contemporary discussions regarding social media and its relationship to police accountability. Premodern and modern punishment coexist today, and their coexistence demands that legal scholars and institutions simultaneously consider the theories, aims, and results of both punishment styles. As a result, the overlapping theories this Note discusses serve as necessary policy considerations that must be examined when advocating for changes in legislation or judicial doctrine regarding police violence.

Keywords

Shayna Swanson, Police in Modernity, Michel Foucault, Discipline and Punish, Punishment Styles, Police Violence, Legislation Change