The penal thought of Michel Foucault

Abstract

The analysis in penal issues has been centered, specifically, in speeches which have been considered “official”, among which are considered the illustrated thoughts.  From there, modern conceptions about the European penal system start, and to a large extent, current legislations about the issue in western world.  Nevertheless, not all penal thought considers canonical the illustrated penal considerations nor the classical conceptions on criminal law.  The present article sets its purpose to expose a critical thought of the European penal system, both in its iluministic roots, as well as in its inheritance in contemporary western societies, following the thought of the french philosopher and psychologist Michel Foucault.  The criticisms, interpretations and suspicions the author brings up, may well be considered as relevant today, specially if we think about the resurrection, since the decade of the 80 and 90 of last century, of conceptions that revive the illustrated models that have been produced in criminal law, recognizing the school of the minimum criminal law as its main contributor.  This has in some way impacted penal thought in Chile and it’s legal system.