Correction to: The Prison and the Factory (40th Anniversary Edition)

Melossi, Darío; Pavarini, Massimo

doi:10.1057/978-1-137-56590-7_8

Cited by 1 publication

(7 citation statements)

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“…The reflections that follow are a development of discussions that took place on the occasion of the reissuing of the book authored by me and Massimo Pavarini, The Prison and the Factory , approximately 40 years after its original publication. 1 This work, as well as much, if not all, of the “revisionist” penality literature that came out at the time (Foucault, 1975; Garland, 1990; Ignatieff, 1978; Melossi and Pavarini, 1977; Rusche and Kirchheimer, 1939, but republished in 1968), were devoted to the topic of imprisonment, therefore focused strictly on the punishment of the free. When Massimo Pavarini and I started analyzing the prehistory of modern imprisonment we decided to restrict our perspective to penal imprisonment, probably also because our standpoint was supposed to be, at first, a legal (penal) standpoint (Melossi, 2018).…”

Section: Outside Of the Prison/factorymentioning

confidence: 99%

“…1 This work, as well as much, if not all, of the “revisionist” penality literature that came out at the time (Foucault, 1975; Garland, 1990; Ignatieff, 1978; Melossi and Pavarini, 1977; Rusche and Kirchheimer, 1939, but republished in 1968), were devoted to the topic of imprisonment, therefore focused strictly on the punishment of the free. When Massimo Pavarini and I started analyzing the prehistory of modern imprisonment we decided to restrict our perspective to penal imprisonment, probably also because our standpoint was supposed to be, at first, a legal (penal) standpoint (Melossi, 2018). We (more or less consciously) decided to “bracket,” almost in a phenomenological way, what was left out of the prison.…”

Section: Outside Of the Prison/factorymentioning

confidence: 99%

“…Pashukanis would later comment:Deprivation of freedom, for a period stipulated in the court sentence, is the specific form in which modern, that is to say, bourgeois-capitalist, criminal law embodies the principle of equivalent recompense. This form is unconsciously yet deeply linked with the conception of man in the abstract and abstract human labor measurable in time (Pashukanis, 1924: 180–181; see Melossi and Pavarini, 1977: 74, 250).…”

Section: The Servitude For a Time Of [Their] Workmentioning

confidence: 99%

“…Would it, therefore, be only “the silent compulsion of economic relations” that “sets the seal on the domination of the capitalist over the worker”? Because, on the other hand, Marx also tells us that the violence of primitive accumulation (De Angelis, 2001; Federici, 2014)—those “powers of the State” (or of the capitalist, which in the factory is the same)—become incorporated within the distinction between a “sphere of circulation” which is “a very Eden of the innate rights of man [where] alone rule Freedom, Equality, Property, and Bentham” (Marx, 1867: 176; Melossi and Pavarini, 1977: 61) and instead that “hidden abode of production” where “the possessor of labour-power [is] timid and holding back, like one who is bringing his own hide to market and has nothing to expect but—a hiding” (Marx, 1867: 176)?…”

Section: The Servitude For a Time Of [Their] Workmentioning

confidence: 99%

“…Certainly, this is much clearer at the very start of the capitalist system. So much so that, in Discipline and Punish , Foucault includes one of his rare citations to Marx (Foucault, 1975: 221), not inappropriately where Marx discusses how, at the very onset of the capitalist organization of work, labor, after being purchased and assembled together by the capitalist, is forcibly organized by the capitalist's very physical authority, who co-ordinates the production process with his eye, his voice and his command (Marx, 1867: 322–335; Melossi and Pavarini, 1977: 61).…”

Section: The Servitude For a Time Of [Their] Workmentioning

confidence: 99%

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Servitude for a time: From the permanent slavery of the unfree to the slavery pro tempore of the free

Melossi

2022

Punishment & Society

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I consider the forms of control, which went “untreated” by 1970s “revisionist” penality literature (in other words, I wonder whether the categories of human beings who are (mostly) not found in prisons have something in common). I take as starting point that the “temporary slavery” which is the punishment of imprisonment, emerged historically as related to the “free” condition of those punished. Forms of control instead for the “unfree” are not to be included in “(penal) imprisonment” and could be understood as “domestic” forms of control expressed, originally, in the idea of “Pater Familias.” This form of control is not punishment but is a permanent condition deemed appropriate for given categories of human beings, such as “children,” “women,” “slaves,” and what I call “the mad and other non-persons.” I first examine how imprisonment (as punishment) emerged, after the end of servitude in Europe, as a sort of “memory of slavery,” to enforce a principle of subordination dedicated to “the free.” Then, I look at the mechanisms of social control for those who are not socially perceived as “free.” Finally, I attempt at sketching the process of expansion of mechanisms of subordination—for the free and the unfree—beyond European borders.

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