Harold P. Pareja


Studying punishment theories in the context of criminal law and justice has practical significance since it affects the rendering of magistrates’ decisions and in the administration of criminal justice. This paper traces the evolution of punishment along the state of action towards the criminal. Also, it identifies the different penal theories and locates the views and perspectives of Foucault’s penality in its large body of philosophical, sociological and criminological literature. It further examines the contribution of Foucault to the study of punishment. To answer these objectives, it utilizes the review of related literature as the main tool of gathering necessary data. This paper has shown the fresh insight of Foucault in the body of knowledge related to punishment. His sociological and post-Marxist disciplinary penality provided a critique on contemporary punishment theories and expanded the landscape of which a scholar in this field can hardly ignore.


foucault, punishment, criminality, justice

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