福柯《法律精神病学中‘危险个人’概念的演变》.pdf

International Journal of Law and Psychiatry, Vol. 1, pp. l-l 8, 1978 Pergamon Press. Printed in the U.S.A. Aboutthe Conceptof the “DangerousIndividual” in 19th Century Legal Psychiatry Michel Foucault* (translated by Alain Baudot** and Jane Couchman***) I would like to begin by relating a brief exchange which took place the other day in the Paris criminal courts. A man who was accused of five rapes and six attempted rapes, between February and June 1975, was being tried. The ac- cused hardly spoke at all. Questions from the presiding judge: “Have you tried to reflect upon your case?” -Silence. “Why, at twenty-two years of age, do such violent urges overtake you? You must make an effort to analyze yourself. You are the one who has the keys to your own actions. Explain yourself.” -Silence. “Why would you do it again?” -Silence. Then a juror took over and cried out, “For heaven’s sake, defend yourself!” Such a dialogue, or rather, such an interrogatory monologue, is not in the least exceptional. It could doubtlessly be heard in many courts in many coun- tries. But, seen in another light, it can only arouse the amazement of the histo- rian. Here we have a judicial system designed to establish misdemeanors, to de- termine who committed them, and to sanction these acts by imposing the penal- ties prescribed by the law. In this case we have facts which have been estab- lished, an individual