Introduction to a critical reading of “Discipline and Punish: The Birth of the Prison”

of Michel Foucault

Summary

I. The school; a) the Renascence, b) the teacher and the scholar, c) classes and degrees, d) the punishment, e) courtesy and charity.

II. The penalty proportion; a) the detail uses, b) the penalty reformist reckon (calculation). III. Epidemic, power, and personal decision; a) the infected city, b) the “permanent register”, c) government's programs and the pest, d) the infection and the individualizations, e) escape, confinement, and decision. IV. The panoptism and the look; a) the liberal judgement of the gaze, b) to see that it’s represented, c) the spy and the law, c) final demarcations on the classic gaze. V. Foucault and Bentham: the problem of the “utility.” VI. Conclusion.

The object of this work

It’s to revise the arguments that appear as condition of possibility of the prisson according to their modern conformation according to Jeremías Bentham's panóptic. The school of the 17th and 18th century; the discours of the penalty proportion; the derived control practices of the fight against the pest in the 17th century; the uses of the look during the classic time; and the notion of utility.

I. The school

For Foucault the school of the 16th centuries to the 18th is the “bad calculate” 1 that made possible to think and to build the jail according to Jeremías Bentham's accidental inspirations one century later. The creator of this “school” it would be saint Juan Baptist de La Salle (1651-1719), the supposed mentor of a technique or “dominance method” whose novelty would consist in articulate obedience and utility. That is to say to obtain of the individuals in exchange for a training (school) a doubled subjection or “docility.” This way according to “Discipline and Punish: The Birth of the Prison” (breviter DP) the pedagogic acme of the 18th century would give form to a way of making “docile” to the man. Wich would be given place to a special regulation among the progressively acquired utility for the individual that learns a profession, at the same time that it is dominated in this same process (of learning) for other individual, in the form of an observation made of details. Both elements: utility and detail, will come to constitute that explained as “control methods”, or “disciplines.” These would take place in a consolidated circuit starting from the school to pass to the hospital, the military school, and the workshop. But this journey or trip of the disciplines (dominance methods) through the society doesn't

1 With this expression Foucault recaptures the interest of Nietzche for a “genealogical” perspective, it’s mind “to discover” that the present reality has its “origin” in those “the errors, the appreciation shortcomings, the bad calculations that have made it that what exist and is valid for us”, “Nietzsche, the genealogy, the history” by Foucault quoted in “The speech of the power” presentation and text selection by Oscar Terán. Folios ediciones, s.a., 1ª.1983, p.140.

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explain why toward the end of the 18th century it would be make posible a “general method of dominance.” The problem in this point is not only of the existence of something like that as a “method” and “general” but rather the same one cannot be considered as resultant of the methods used in these institutions. How to explain this result (possibility) no-accumulative?. In this respect Michael Donnelly also wondered on: “The question that Foucault leaves in flunk is the one of knowing how, once constituted the disciplines were perpetuated, how the particular disciplines (the school, the hospital, etc.) were united one to one to draw the “design of a general method” and how they have made sure the basic mechanisms and the conditions of existence of the prison society (..) Among the historical emergence of the disciplinary techniques the effects in chain that they take place finally in the society, Foucault doesn't establish a convincing nexus.”2 Neither DP stops in a history previous of the school, signal as “genesis” of the disciplines journey. Still discovering in de La Salle one of the most important places in their thesis of this beginning (in the production of control methodology). DP doesn't make a search of the previous school practice: on the bad look gained by the teachers since the 16th century, nobody wants to teach because it was considered a disgrace, and the teacher was no so far of being considered a liar and children's smacker. So on the “whip” will appear along the 15th, 16th and 17th centuries as the constituent symbol of the teaching. The teachers rionales –habilitate for the university of Rome - for example they conformed their emblem with “a seated teacher with a lash, and on the legs an open book. To a side a kneeling boy is with his book in the hand, and to the other side, one of foot that says the lesson by heart”3. For the year 1597 Shakespeare did use for the first time “Richard II”, and in this work the queen the following comparison will make in the view of her husband weakness to which seek to usurp him the crown, “And wilt thou pupil-like take the correction mildly kiss the rod, and fawn on rage with base humility”4.The punitive teaching was strange in the classic antiquity (greek and roman), rarely the teacher punished his students with a blow to be made respect. Centuries later this absence of strong coercions in the pedagogic environment will remain effective, explained as a place common of the countless texts “of how to teach”, with the difference that the teachers staff will no longer be constituted by slaves but for religious, like it will be explained below the corporal sanction had until the 13 century a regimen of whole exceptionality. Foucault also ignore the antecedents that make possible in the lasallian program (the discourses and the practices) the use (one creation for DP, wich is not enterely true) of the degrees, the classes and of some educational establishments entirely dedicated to infants. Be already the ideas of Calazans around the educational body and the study plans, or of the complex situation of abandonment that notices the teaching after the 14 century. To this respect DP makes a very brief and sceptical reference to a medieval initiative of the Brothers of the Common Life. A strange allusion will also be made to the supposed influence that had received the pedagogic “program” of de La Salle, this is, a learning

2 “Michel Foucault, philospher”, several authors among them the mentioned, Gedisa editorial, 1e. 1990; p.196/7.3 Giörgy Santha in “San Jose of Calasanz, pedagojics works”, Biblioteca de autores cristianos, Madrid, 1956, p. 108.4 Richard II, by William Shakespeare, Cátedra Edition, 1997, Act. V, scene I, 31 a 33.

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regulated by exercises of growing complexity, during months (known in the present like “school cycle” and the work of Ruysbroek5. In the revision then of this first thesis will be necessary in terms of Foucault to find the obviated journey that it makes archaeology6 possible the school (the school program and their pedagogy) of the 16th and 17th centuries. Lightly associated to the constitution of a device of power that would be the later outline of the jail.

a) The Renascence

Firstly to understand the existence of the school according to the project of de La Salle (“schools of the Christian cause”) it is necessary a previous analysis on the practice of teaching during the period denominated averagely as “Renascense” among the 15th and 16th centuries. From the beginnings of the Christian era until the time that took place the construction of the first universities along Europe (13th century), the world experiences a revolutionary change around the educational problem. In function of the necessity of a bigger understanding for the parishioners and for the towns converted to the Christianity it is that it was developed a considerable expansion of schools and the most diverse and varied teaching methods and of aspirations so that this is carried out and favorite. Either in the pastoral recommendations among the bishops to obtain teachers, or in the demand of better material conditions to embrace (for education) more people. The administration of the sacraments composes this pedagogic emergency felt in all the environments of the church. So much the one converted who came from the paganism like the faithful one they both should manage basic notions, certain premises on faith issue, and also the practice of recitals, credos and readings of saints' lives and of the of course the Bible demanded certain kind of introductory knowledge, at the same time that abundant and varied (the multiple histories that conform the history of the salvation, and the multiple sentences that come off and they accompany to the angelic salutación, to the Pater and the Credo). The extension of the educational task in this period is also explained by other two circumstances: the successful assembling with the old knowledges7, and a wider recognition of the humanitas (“education” in classic sense, just as they sustained it the romananos restricted in these to the adults) on the early initiation of the boy in the learning of this knowledges. But from half-filled of the 14th century this expansion that had a growing development from the times of the Fathers of the church begins to suffer a particular regime of

5 “The idea of a “school program” that follow the boy until the term of his education and that implies of year in year, of month in month, some exercises of growing complexity, it has arisen first it seems to be in a religious group: The Brothers of the Common Life. Strongly inspired by Ruysbroek (!)”. DP, ob.cit. p.165. It can be consulted on purpose of Ruysbroek an article of Fr. T. -M Of Bazelaire “The modern devotio” in “Sedes Sapientiae” nro.28; p.56, printemps 1989. 6 The term “archaeology” is used by Michel Foucault in “The Order of Things: An Archaeology of the Human Sciences” and “The Archaeology of Knowledge” taking it from Husserl althought radically changing their meaning to point the conditions of possibility that make arise the formation of one

discours and its practices. But this kind of a certain methodology was replaced for the “genealogy”.

7 In “How to read the pagan literature” by s. Basil it is an example of this no traumatic meeting with the ancient knowledge. A classic recommendation passage of the text can illustrate this approach. “You ought to continue exactly the example of the bees. Because these don't stop in any flower neither they make an effort to be taken everything of the flowers in those that pose their flight, but rather once they have taken the convenient thing for their intent, the rest leaves alone it.” Ob.cit. Editions Rialp, s.a. Madrid, 1964; p.43.

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brakes. The teacher will be object of deceives and the practice of teaching consequently so bad considered as that. In a text of good manners and education of the time, “The courtier” of Castiglione there’s a clearest registration of the problem. Noticing with severity their author the necessity of the instruction (applicable the ideal courtier also to the rest of the positions and professions) even when other smaller data are not scanted will omit any reference to the form, to the method of educating the ideal individual that intends put in form from the beginning of the work. Hardly a reference that associates the exercise from the learning to an exercise schemed among reliable friends, and secretly fearing the jeer of the other ones.

“And if for other occupations or diligence won't almost reach in this so much perfection that what would write won't reach to be very praised, be sensible in remaining silent it, because they don't make it deceives of him: it only shows it to some friend of who trusts, and don't cure for that reason of stopping to write something at times that although he doesn't make it very well it will still reproach him, so that, writing, understand that better that the other wrote. That to the truth very few times it happens that who doesn't write knows.”8

For that same time under the inspirations of the council of Trento, Calasanz like a man of the Renascence among whose collaborators are personalities so outstanding as Galileo and Campanella, he will look for to invest the terms of the humiliation to a “love for the exercise of teaching”9. But the turn is not so easy and the changes will be possible starting from assuming this aversion. Calasanz waits that his priest-teachers “they have for big benefit not only humbling in teaching to read and to write and abacus, but also to teach to read the tots” “for pure love to God.”10 On the other hand the question around the scorned practice of teaching doesn't reside so much in an explanation for the ascents of the bourgeoisie, its enrichments, and the ways of its emulation of the classic antiquity. But it would be necessary to notice an aversion to teach possible in a certain conception and treatment toward the infants, and in the bad reputation that the teachers are object.

b) The teacher and the boy

“For this reason, -Vives says- the most lucid geniuses that will be object of scorn and contempt, if they are devoted to the teaching, occupation so fruitful, so worthy of their acumen, of that light of their mind, of that their approach, of his skill, they escape it with aversion. They abandon the schools where the languages are forged, the spirits, the minds for the best thing or for the worst thing, and they give them so that they dirty them and contaminate to the dullest, more blunt, more vicious, more menial geniuses for wha they scrambling everything for the hope of a decreased wage, and that they enter in the school like in a bakery or to hold it on like to a cluster of glory. The result is that those geniuses teach the worst thing because they don't know another thing, or they teach that it’s rotted….”11

8 “The Courtesan” by Baltasar de Castiglione. First book, cap. IX; p.135, 1ª 1972; Bruguera s.a. Editorial.9 “Amor l’essercitio d’insegnare” quoted by Giörgy Santha ibidem.p.108.10 Ob.cit. p. 89.11 “The disciplines” by Juan Luis Vives, Vol. I, First Book, cap. XI, p. 96; Hyspamérica Orbis Editions, s.a., 1985.

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The acquaintance humanist doesn't protest against the teacher's right12 to receive his honorarium, but of taking himself discredit characteristic to the arts and to the whole “educational function.” This discredits it consisted on considering it an opportunist, lacking of skill and “unstable” they were among people the won mottos. “Having been of everything it, although without reason, teaching to the children, vile and worthless exercise”13 , it will express the official voice of the postridentina Church still questioning the own teachers on his charge. If teaching become a one rejected practice it won't be the cause of the presence of bad teachers; these was possible starting from a special mentality around the childhood. But in DP it’s works over the Philipe Ariés thesis of the “the boy's invention”14 during the 17th century. That would mind the creation of a new list, another actor in the world of the men that would bear the fellow's bigger dominance however. This approach would be explained in the separations practiced on the infants –isolating the population's considerable number - of its places, houses and families for docile and disciplined remodel; and this is the central idea of Foucault when he thinks the prison like social program but stiller as “men's factory.” The infant like the man's stage would be until that moment minimized to a mere traffic toward the adult, without the mediation of something like the step of the “childhood” - “puberty”–“adolescence”–“school youth.” This same idea is developed in some Ariés texts, one among this is quite eloquent on such point, “the boy was moved it away from the street and was locked it into an inurbane space, in the house or in the school, impervious, so much the one as the other one, to the rumors of the exterior. What a change for all those children and boys, accustomed as they were to the freedom, to the licenses of the street, turn suddenly, as much in their works as in their games, far from the productive activities, private of any responsibility, subjected to the educational discipline!. It is as well as the population's sector, young but habituatede for ago a lot to the activity, it will be displaced of out toward inside, of a total life, at the same time private, professional and public, toward the closed world of the privacy15. However the childhood fo the very first centuries of the Christianity shared the people's heterogeneous auditory congregated to listen the preacher. This universalism added to the pedagogic practices of the classic antiquity the necessity to emit an understandable speech to the crow. In such way it will be enter to the educational thematic or will mix with it in the new value of a language more plain in function of the bond comunicacional undertaken by the priest in the preaching, the uses and services of the rhetorical figures, and the importance that charge the local words. This necessity of reception of the speech will cause an special adequateness of the evangelical message to the gathered town congregated in front of the priest, and also those in charge of the catecheses will make possible to think the division stages of the process of the student's learning later by the “adequateness to its capacity” like it will be made for the first time in the undertakings of those “pious schools.” The abundant bibliography taken place from Clemente from Alexandria until s.Gregorio Magnus will specialize around the education although originated in a

12 The quoted paragraph is entitled “About the particular teachers; nullity of some for the teaching, recognized by the town; the discredit that it causes to all class, to the arts and the educational function” ob. cit. p. 94. Certainly it’s out of discussion the legitimate of the teacher’s wages but the “nullity of some for the teaching”.13 Words of Cardinal Silvio Antoniano quoted by G. Sántha, ob.cit. p. 41.

14 “Discipline and Punish” specially the part dedicated for “The docile bodies”.

15 “The memory essays 1943-1983” by Philippe Ariés; Grupo editorial norma, 1995, “The boy and the street, of the city to the anticity”, p.291.

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pastoral necessity of understanding of the Credo, this same impulse will be getting rich to embrace all of the classic knowledge areas, and the “boy” won't be margin of this decisive expression. Even could be read on Vives, Nebrija or Alberti in one period in that the infants are still relegated of the teaching, vestiges of that educational undertakings culminated in the foundation of the universities. Those who were interested in the teaching in very similar terms to those of their contemporarys Calazans and de La Salle. But the Renascence will prefer the strict icon of the erudite far from the stir and according to that the students they ougth to get so many books16 as the teacher irresponsabiliy want to. Closer to his whim and fancy about how must would be a “wisdom person” rather than a serious study plan. The Jesuits began to see this problem changing radicaly getting a new study plan thinking in the time but not as a domination control metod but a form of the equs between work study and the body capacitys.“Often, I have admired myself in their (Jesuits) schools, Florimond of Raemond writes, not alone for the order and the beautiful instruction of its youths, but also for the care that they make of the time without a single moment spends that some line leaves of its point, neither that the study upsets the devotion or that the devotion slows the study. They don't allow to satiate too much the spirits, neither to explode the bodies in the books. And as a wise hunter retires the shot of his hunt dog in its race, or as the good caretaker he doesn't take the fertile lands, because its fecundity in excess will drain them, equal retires them some hours, those that are very hot after the literature and they make them study with rules, until they force them one day per week to go to the field. One of among them has the load of go to turn off the lights at the ten hours in all the rooms so that each one rests and recapture their happier work to the exit of the sun.”17 This “intellctual teaching” that was privilegiade during the Renascence increase the differences between the boy and the adult. In that moment will be not only consolidate the idea of a boy corporal weakness but also of the “soul.”In the classic “Dialogue of the language” of the humanist Juan de Valdés we can find in the beginning one escenificación of this mentality when Marcio suggests the own Valdés to reflect on the language in the moment in that “the little boys will be eaten and leave us alone, and before they could comes and estorve us, let start to speak in what I’ve just told you this morning”18. This complex of “weaknesses” finds its form of necessity in another rejection: the old age.George Minois in his “History of the old age” although without intending this relationship of likeness between the boy and the old man, it aims this logic. “The prince of the humanist –tell us the same one - the cruellest is revealed of all in the attack

16 One student of the city of Tolousse in French describe the dayschool in 1545 “We began at the four hours and, having prayed to God, we had five hours of study, our big books under the arm, our desks and our candlestick in the hand. We listened all the readings up to ten o'clock on the dot, without any intermission; we passed to eat after a quick conference of half hour, on what we had written of the readings. Despúes of eating, we read in game form, Sophocles or Aristophanes, or Eurípides and aveces Demóstenes, Cicerón, Virgil, Horace. In one hour to the studies, and in five to house, to repeat and to see in our books the places underlined up to six o'clock. Later we had dinner and we read in giego or in Latin. In the days of parties, we went to mass and eves. In the rest of the day, some music or other details.” Quoted by Francois de Dainville in “Les vacances dans l’ancienne France” (“The holidays in old France”), Ecclessia, nº 115, octubre, 1958, p.36.17 ob. cit. Francois de Dainville, p.37.18 “Diálogo de la lengua” (“On language dialoge”), by Juan de Valdés; Plaza & Janés Editors, 1ª 1984; p.73.

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against the old women. “The Praise of Folly” is merciless “however, it is even more comic to look at the old women that can hardly support the weight of its years, and that they resemble left cadavers of among the deads.”19 Continuous Minois mention that “the age hasn’t a good look by the most important thinkers in the 16th century. (…) starting from a certain age, the old peoples behave as children “I know that they are described as idiots and stupid and they are really it, -Erasmo- because this is exactly what means be a boy again (…) there is not another difference among them (between the old man and the boy) that the wrinkles of the old one, and the birthday number. Apart from this, they are exactly the same: they have white hair, mouth without teeth, they are small, forgetful, inconsistent, all it unites them.”20 On the other hand “to learn” and “to teach” both will conclude in a strange divorce to previous centuries. Being not very advisable to the erudite's icon the instruction of others. Contrary to the proposals that they circulated in previous centuries. “–speech s.Isidoro of Seville (560-636) to the future teachers- what you ignore, don't end up being useless doctor; first being student, then doctor (…) you don't abandon the effort of to learn and to teach.”21 This way those educational undertakings that will take place toward final of the 16th century should appreciate in a very special way the problem of the teacher discredit, also the one of teaching to the infants, and finally the terms of a “adequateness” chord to the student's capacity. Everything makes suppose that these indeed were the inconveniences kept since in mind those “program” of these educational companies they will worry about: 1. to form a teacher before a boy and in relation to this last without an interest of constituting it with a special statute; and 2. the making of the division in stages of the educational process according to “degrees.” With regard to the first point the texts are more than abundant being prominent the cares taken for the admission of any individual like a teacher. Not should be “fickle” and “choleric”, “neither all those that suffer of a certain species of religious mania or they are superstitious.”22 La Salle will also be devoted to the problem of the formation of those “new teachers”, owing these “to leave: speaking too much, the activity excess, the lack of attention, the rigidity, the roughness, the impatience, the favoritisms, and the laziness23. This way those educational undertakings that will take place at the end of the 16th century should appreciate in a very special way the problem of teacher discredit, also the one of teaching to the infants, and finally the terms of an “adaptation” chord to the student's capacity. Everything makes suppose that these indeed were the inconveniences kept since in mind those “programs” of these educational companies they will worry about: 1.to form a teacher before a boy and in relation to this last without an interest of constituting it with a special statute; and 2.the division creation in stages of the educational process according to “degrees.” With regard to the first point the texts are more than abundant being prominent the cares taken for the admission of any individual like teacher. Not should be “fickle” and “choleric”, “neither all those that suffer of a certain species of religious mania or they are superstitious”. La Salle will also be devoted to the problem of the formation of 19 “History of the old age”, by George Minois, p.337.20 ob.cit. p.342.21 “Sinonimorum” by s.Isidoro of Sevilla, Book II, 67-68, 70 Migne, P.L., t. LXXXIII, quoted by Raquel Homet, ob.cit., p.26.22 Quoted on the rules writted for the Calasanz fundation’s of the “pius schools”, in G.Santha, ob.cit., p.79.23 Alfred Calcutt fsc, “De La Salle a city saint and the liberation of the poor through education”; De La Salle Publications, Oxford, p.305.

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those “new masters”, thinking what must be taken from them: “speaking (too much), (too much) activity, thoughtlessness, over-attentiveness, rigidity and harshness, impatience, being against some, not others, slowness, sluggishness, lifelessness, a mind easily discouraged, familiarity, having favourites, inconstantand changeable, appearing distracted and lacking concentration, or looking in one direction only”. But these educational initiatives not only worried about the formation of a teacher for like it should act that to say and that to avoid, until the semblance of graveness that was recommended to show in order to maintain the order in the class but rather never in the mentality of these companies it differed to the infant in the possibility of offering him a special statute that distanced it and it located it in a special reality. In this respect they are interesting the observations made by a commentator of the La Salle’s texts Saturnine Galician in relation to the absence in of the evangelical appointments with children (in his writing), and the non use of these same ones in support of the gratuitous schools. “Let the children come to me” (Mc 10,14; Mt 19,14; Lc 18,16) it shows a tender image that was serious, needy and urgent for the founder; also the appointment of “Without not you turn it like children…” (Mt 18,3); “if some doesn't receive the Kingdom of God like children…” (Mc 10,15; Lc 18,17) to be made as children is for La Salle to adapt to them, for menial of example, he doesn't stop to enter in the Kingdom of the skies, in the “Explanation of the sentence method” for example mentioning this passage the recommendation of “if you not do it like this boy..” he doesn't mention to the scholars, neither to another class of infants but to Christ. You can object to was said until here that it is religious foundations exclusively, the Escolapius been founded by Calasanz and the Brothers of the schools of the Christian cause too. But DP doesn't make reference to the scarce although existent educational experiences in Germany in the 16th century neither the process that made possible the división for stages of the learning wich today it’s knows as primary and secondary school, organized in 1597 by Calasanz.

C) Classes and degrees

With the idea of a “disciplinary time”24 in DP –following Ariés close behind - it is sustained that the “” scholar program” begun in the 16th century with the novelty of dividing in stages the learning would come to conform a control even bigger over the same activity of which goes acquiring the school knowledge progressively, basically to learn how to read and to write. These stages are not others that those “degrees” and the division in “classes” among the students body when this it was very numerous. This way the formalization of a learning prepared in “series” it would allow “an entire inspection of the duration for the power: possibility of a detailed control, and of a punctual intervention (..) and therefore of using the individuals according to the level that they have in the series –their location in first degree, second, etc- that travel” and concluding this DP says that “(the power) being possible articulated directly about the time; it assures their control and it guarantees their use.”25 Always present the “detail” and the “utility” both make the “docility formula” according to DP but in the articulated school environment in a precise way according to the mentioned “program” that establishes the pedagogy of the 16th and 17th centuries in the division for stages of the learning. But this “disciplinary time” is necessary to be analyzed keeping in mind some variables omitted by Foucault; first a tradition (instead of “knowledge”) of centuries experienced by the preachers in front of the heterogeneous 24 DP, ob.cit., I, “the docil bodies”, p.163.25 DP, ob.cit., I, “the docil bodies”, p.164.

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auditories of people congregated to listen the evangelical message, the catechesis, or the explanation of the Credo; and second the practice of the “division” in degrees, classes, and of the same educational body according to the rule of a high quality of tasks and the autonomy of the activities and the areas. The first point recognizes a beginning in the apostolic task of the Church during the first centuries of the Christian era and in its immediate consolidation along the Middle Ages, in the experience picked up by the preachers in front of the problems of heterogeneity of the auditories to whom were directed the God’s Word. A plentiful literature opens up then around these new circumstances unaware to the old world in crossing with the pedagogic thematic although still in an indirect way. For example among s.Agustín (354-430), and Caesarean of Arles (470-542) will the concern for the receptividad of the evangelical message make request “lowly that the hearings of learned people support a simple language”26; or the s.Agustin’s cuestion for the clearest speech “what it’s make an exact locution that the auditory can’t understand?.”27 The preaches took charge of instructing to the auditory in the articles of the faith. It became necessary to think time later with a bigger experience that “all teacher, (s.Gregorius Magnus will say) to form all in a single virtue, that of the charity, it should arrive to the heart of the listeners with a single doctrine, it is true, but not with oneself exhortation.” This was equal to wonder for: an adaptation to the capacity of each one to say that “the word of the teachers should make comfortable to the condition of the listeners.”28 This adaptation to the listener's capacity, to their quantity and diversity is formalized in the rule coded by Calasanz for its “program”, “magisteri diversi pro diversitate nmero et captu audientium constituantur.”29 Then following this approach the teacher “in the difficult chore of being made to understand should accomodate himself (accomodarsi there capacità delli scolari) to the capacity of each one.”30

It is not necessary to understand this approach like the student's estrangement, neli tangere, to maintain safe the teacher's authority, or orderly to the students. The disposition of these equalities only had in views not only to organize a better reception of the instruction (whose origin can be in the ways of the preachers' exhortation) as well as the demand of avoiding the preferential treatments towards some students contrary to others. La Salle in the same form explains to the future masters that “they (the children) will listen your voice because you give suitable instructions to their capacity, without that which you/they would be not very useful for them.”

“To teach equally to all”31 will imply not to familiarize with the students, avoiding “too much affection” neither to begin “particular friendship with none.”32 Also La Salle made a punctual reference in the teacher's profile for their Institute, “they will love all their students tenderly, but they won't familiarize with none neither they will assist a special friendship unless by way of prizes or stimuli. They will show a same affection for all their students.”33

26 Cesareo of Arlés, Sermon LXXXVI, quoted by Pierre Riché, ob.cit., p.110.27 s. Agustin “De doctrina Christiana” quoted by Pierre Riché, ob. cit., p.109.28 Both quoted by s. Gregorious Magnus “Regula Pastoralis” PL LXXVII; ob.cit, Pierre Riché, p.113.29 Santha, ob.cit., p.131, it’s quoted “the Cosntitutions” p.2ª.c.9 n.196.30 ob.cit., p.131 “…et l’animi ad esser diligenti et accomodarsi alla capacità deli scolari non solo nel dare li volgari ma ancora in dichiarar le lettioni”.31 Calasanz quoted by Santha, ob.cit. p.84.32 Calasanz in L.1847: Ep.Vp.91 quoted by Santha.33 La Salle, “Guide to the Christian School” Part I, chap.III, art I, section III, 7 in B.A.C, p.743. Also in“De La Salle..” ob.cit., p.279.

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Lastly of the old tradition of the first centuries of the Christianity that wondered for the best way of extending the message of the gospel in the means of the diversity of characters, positions and inclinations it is also necessary to already derive besides the mentioned necessity of “adaptation” to the capacities, the: treatment equality toward the students by the teacher. La Salle would dedicates to the due master behavior to the students a special chapter in the Rules of the community: “16. They won't allow no student to remain to his side while they are in his position; 17. They won't speak their students in particular, but very rarely and from necessity, and when they have to speak to them they will finish in few words; 18. They won't give any responsibility to their students (…); 19. They won't order to write neither to copy anything for any student, neither it stops yes, neither person stops anyone (…); 20. They won't request to the students any news , neither they will allow them to give them to him, for good or useful that it were.” The practice for example of two types of exams in the calasancian modality got it in the admission and in the promotion, it looked for to not guarantee a homogeneity to the aesthetic ends of a mere order will and uniformity but of equality in the capacities of the students this way examined. The contributions and reformulation to the pedagogic theory starting from the pastoral emergencies of the first Christianity era, and the 16th century’s educational undertakings both recognize their forms in the practices of the preaching in front of heterogeneous auditories located before the one that took the word of the gospel. The rising practices to adaptation the message to the capacity of the listeners and the equality in the treatment with these it has constituted a strange pedagogic dynamics to the classic world whose consistency doesn't imply unfailingly the elaboration of one “individual dominance knowledge”. Rather it could be spoken of the urgency to spread precise communication levels, of creating a “technology” of encounters with the other one that doesn't reside simply in a mystic change, or in a fleeting impression in the senses. The first Christian preaches comes to make an exhaustive development of the Greek logos, of saying that it make it to behold and to be shown to itself in the speech. How to achieve it? Was the cuestion and the (Pastoral) urgency lefting western an educational experiencie obtained during so many centuries.The second point around the question of a learning divided in stages taking that won until here; the degrees and classes are possible previously in the option of adapting the message to the listener's capacity, and of an equality in the treatment toward these. But these approaches would not be complete, of not being for those “divisions” in the own educational body, and these divisions were not able to be think starting from a bigger authority inspection over the individual but in a high scruple because this one wasn’t harmed in the most intimate of his person. The rule of these divisions resided in that the teacher besides offering a same treatment and of being adapted to the capacity of the students he could not also be his ordinary confessor34. Furthermore the administration of the reconciliation sacrament (confession) highlights as for it practice two qualities: a) on Calasanz’s directives this sacrament should not be limited the directive to the pure analysis, diagnosis and cure of the sins admitted in the past, but rather, suggesting the confessor a project of life to future should encourage him in this sense. The past gives its place to the wide opening present posibilities and in accord of this the person just confessed stand on the priest's advises but always his behavior will be entered controlled by himself (an also in this way the “grace” neither involved him in any “control”). This last meaning is that picked on DP in the terms of a

34 Calasanz in L.2571: Ep. IV p.344 to 345; quoted by Santha, p.121.

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“moral orthopedics”35 omitting the liberal net of the possibilities toward the future that it’s understood the corrections. In this case the registration of that happened gets lost and he/she disappears to give place to the horizon open of an opening present in the possibility. The other outstanding quality regarding the administration of the sacrament, b) it was consisted on abstaining the confessor from fixing the view in their penitents36. Keeping in mind that for DP the principal concern of the school of the 16 th to ours days have been to “maintein the order” this quite important and efficient control practice is in the founding (genealogy) Calasanz’s case expressly discarding. La Salle something later that Calasanz thought the teachers without any participation in the administration of the reconciliation sacrament so the Brother status was it perfect but the problem became with the temptation to be a priest. In this respect he was definitive in his letters to the Brothers “it has been written me that you sought to be tonsured, please let me clear what on about this. You know that it is contrary to the practices of our Community of Christians Brothers of Christian Schools”37. This program discarded the participation of priest but like an added society and with special end of giving the sacrament that was not able to did it by the Brothers (according just it was noted to their non ecclesiatic status): “Such a society would serve, therefore, to guide from the outside to the Brothers”38.Fron the differentiaded practice of the confessor and the teacher it’s followed the educational personnel division of the pious schools: .the local minister, .the school’s prefect of the schools, .the teachers, .the confessor, and .the students' spiritual director, .the prefect of the sentence and teacher of the spiritual things, and the scholars' corrective. Besides this school list diferentiation and running the teacher's center it was also avoided a bring up to date of the data on the student, there is not on this copy neither accumulation of trials. The teacher neither could have some report type, registration, or of a warning on his students. The teacher’s verifications were limited to a knowledge of what should teach in the degree and the class that were assigned him, to which the students have arrived for the admission exams or promotion. For example the “prefect of the school” in charge of the function to discipline it applied one schedule verifying absences or the late arrivals with independence of the educational work not depending of him. The “local minister” superior to that it used to conform that same schedule, and neither him nor the teacher, finished the lessons in the morning and in the afternoon taken the students left, but who was used to open and close the school was: the prefect of the school. On the other hand the bill that took of the attendance the teacher when passing list didn't confer him a type of additional approach knowledge on the student, since it was limited to get a verification and

35 In this same sense it is necessary to mention those “metaphors of the correction” wich constitue is founded on the added possibilities like is mentioned by Calasanz when he write: “ inidirizzar le anima”, “to straighten the soul” ( Santha, ob.cit. p.311, 16 note), or in any moral letters of Descartes: “as for that you requests me, that is, as the Christian virtues they are according with the natural virtues, I cannot tell you another thing that, as well as to straighten a curved cane it doesn't put it to him right only, but rather it’s bends it of the other side (it would be involved according to VC an itemized surveillance), in the same way, since our nature too much bowed to the vengeance is, God doesn't only order us to forgive to our enemies, but also to offer its well, and this way the rest (production on the other hand of an opening in the domain of the “other to offer”).” 36 It’s writed on the Contitution: “Confessandoli sempre nel confessionario per la craticola”, and “ita audiant illorum confessiones, ut quantum fieri poterti, illorum aspectum fugiant”; Santha, p.309.37 La Salle, letter to Brother Gabriel Drolin (1710), 24; B.A.C., p.120.38 La Salle, “Plan for seminaries” 11, en Gallego p.729.

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nothing else. He didn't obtain of the absences a knowledge that could reveal him the student's quality. Lastly (omitting the quantity variable of another smaller occupations assisted for example in general by the teacher-priests like the toilet of the school) the “corrector” it was who applied the sanction to the student as final resource. But this occupation was not a creation of the “surveillance” prepared by the 16th century toward the futures of the panoptic project, neither it was of Jesus' Company that previously get use of, but rather it was native of the old University of Paris, to where on the other hand children didn't attend.

D) The punishment

The punishment was extremely rare in the educational tradition of the university, the parochial schools and those belonging to the monasteries. The concern for an adaptation to student's capacity like was just appointed above has its first consequence besides the effectiveness of the reception taking place a pedagogy far away on its own constitution from the corporan sanction. Of the 10th century an important document is conserved for example on the scruples with which the school discipline was applied; it is some memoirs written by the school-teacher Othlon of the monastery of St. Called Emmeran the “second Athens”, in Ratisbona.

“In the group of students of more age that, habitually, it overflowed the limits of the discipline, there was one that looked like each other the most daring. One day I corrected it more than the convenient thing before their partners, directing him cruel words and hirientes. Still ignoring of my own weakness and of that of the other ones, I thought that it was not a crime to punish a stupid adolescent on who I had authority. But, I found the one reprehended deeply depressed and me, soon, losing my primitive security and the trust in the divine grace, I fell in a weakness, misery and such fear that I believed that the earth opened up and it was pursued by the celestial vengeance (…) In the afternoon, reviewing the acts of the day carefully, I recognized myself guilty and I observed that my bitterness came from the bitter words that it had directed to the boy.”39

The physical sanction on the contrary began to be popularized among the decadent schools comes with teachers little qualified turned to the punishment motivated on its own expertness of taking a school course ahead. La Salle noticed this lack in the new teachers “that they don't know as acting in the school and immediately they become toward the punishment.”40 For this reason so much will still care him more than to Calasanz the preparation of the educational one; also discarding the idea of the institution of the infant's statute. In the chapter eight of “The rule of the Brothers of the Christian schools” the correction of the children is mentioned according to the spirit of the gospel.41

But to understand this idea that can seem a so much general it is necessary to be remitted to the Community life of the Brothers-teachers and the founder's recommendations about the mutual tolerance upon the errors. “The one will be of difficult temperament, the other of contradictory humor; this one will have not very delicate manners; that, unfriendly genius, and the one of further on, excessive

39 Quoted by Raquel Homet, ob.cit., p.65 to 66, also it’s can be read in Pierre Riché ob.cit. p.145 to 146.40 Calcutt, “De La Salle…” ob.cit., p.329.41 Calcutt, “De La Salle…”, ob.cit.,p.280.

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condescension; who will manifest with excessive easiness what thinks; that other one will be shown in reserved and cautious end; this one will be easy to the critic. Strange it will be that such condition differences and natures so different don't carry difficulties among the Brothers (…) The means of maintaining the union in the breast of the Community, nevertheless this diversity of humors, is to support each one charitably their defects, and to be willing to excuse to the other ones as we want them to excuse us.”42 Foucault identifies those “corrections” as “disciplinary punish”, with the function to “to reduce the deviations”43. But the correction didn't have the main function of maintaining the order among the students. Explaining La Salle how the teachers had to avoid “too hard words” those “too rigorous penances” “that often oppress them (to the students)” he will also make reference to that “when one much worries for the capital things and that it cause disorder, (..) it’s neglected callously other less important”44, with this runs it definitively the place of the corrections for the circuit of the pure concern for the order (in the class) to the area of that that learned, the since correction will have more than to do with the indication on it not well learned, or that exercised on the march that a typical sanction. This way the correction is displaced and replaced its sanctionatory form for the articulation of a communication opened up in what becomes trained. In example of these “corrections” assimilated in DP to the punishment they would be present in the learning of the writing when the teacher should according to the recommendations “He (the teacher) will take care at the beginning to draw their attention to only three or four mistakes, lest he should (the student) confuse them in he pointed out a bigger number.”45 Still the “underpenalty” that DP attributes to these practices (corrections) it isn’t too much connected with this teaching of the writing. The teacher could in this stage to end up prioritizing the speeds on the quantity of made errors, “without seeing whether he forms the letters and words well or badly, being concerned only to get him to learn boldness and freer movements.”46 For the teacher-brothers not only a minimum sanction it’s not constituent of the subject even must be taking in mind the mimum in their frequency: “If they want a school that go well and in order, the sanctions then should be strange.”47 Finally the care outline of against-controls could be noticed created for example around the inspector's surveillance in charge of the class when the teacher is absent. Certainly his role is only to maintain the order and the text of the Guide is very clear when defining this function “he won't have another care and application that to watch over and to observe all that happens in class, without saying word, pass what happens, and without leaving its position (as well as he had forbidden definitively to threaten a scholar or to play it at least). The teacher once in the class he will ask to that envelope that happened but then it will check their statements with “the most formal students that have been witness of the fault, if the things have happened such and like the inspector have declared; and it won't punish the scholars in fault but according to the coincidence that he has found” in the versions. The teacher should also listen the complaints against the inspector and if it was found in fault it was “immediately deposed.” But as if this was not enough it says the reglament of the Guide of the Christian Schools that “there

42 La Salle, “Meditation for sundays and feast days”, For the twentieth first sunday after Pentecost; P. I, BAC, p.416. 43 DP. Ob.cit., p.184.44 La Salle, “Guide…”, 43, ob.cit. p.753.45 “De La Salle…”, ob.cit., p.313.46 La Salle, “Guide…”, P.I, chap.IV, art.x, 16, p.746. Also in Calcutt,“De La Salle…”, ob.cit., p.314.47 “De La Salle…”, ob.cit., p.325.

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will be equally in each class two scholars in charge of watching over the inspector's behavior while it exercises his occupation, to observe if he doesn't allow to corrupt with gifts, if it doesn't wheedle something to the other ones for not denouncing his faults; if he/she has always come from the first ones (..) in short if it fulfills their duty total accuracy.”48

E) Courtesy and charity

La Salle reluctance to the corporal punishment it’s also understands in the courtesy uses that so much interested him. Certainly for DP the rejection for the corporal punishment is read as a strategy of power effectiveness on the subject but besides obviating a history of the corporal sanction that we have also already aimed in the previous title, yet Foucault obvious the liberal uses on good manners, urbanity. On the contrary however Philippe Ariès in spite of its thesis about the boy's repression doesn't hide on purpose the coment that “the disciplines of good manners it was more necessary than in our societies which are doubly subject to all kinds of controls publics and police. One has the feeling however that there was not in the society something more important than the act of the communication.”49 The good manners are ordered in an external effort that avoids exceedingly the incursion in the hearts and in the intimacies of the soul. Let us see the definition that did it La Salle on the “Christian courtesy” “it is, because, proceeding discreet and regulated that they are translated in the words and external actions by means of a feeling of modesty or respect, or of union and charity with the neighbor, and that it takes in consideration the time, the place and the person.”50 This use of the outward appearance is constituted however on a special taken care by the soul and the hearts because doing without of a “control” on them it grants credit, neither it humiliates for the faults to the one who did it. This credit is not but the possibility of beginning after the fall and the demands in public it won’t be other but an of semblance, in some expressions, and a way of dressing, all them understand not like a paraphernalia but of minima conditions in exchange for which any worldly one had right to judge in the depths of the souls and still among the priests for the practices of the confession and of the address of souls neither was derived of these some luck of possibility of subjective tipologies of the “sinners.” The courtesy is for La Salle the spontaneous effect of the charity, and not a varnish of hypocrisy. “When you (the teachers) will teach and make them practice courtesy norms in connection with the neighbors, you will encourage to not giving them such samples of benevolence, honor and respect without to be members of Jesus Christ and alive and animated temples of his spirit.”51 It could be objected following DP approach that this regulation of the exterior would not be but the assumption of a docility but this idea doesn't keep in mind that 1) the courtesy field is exclusively the external behavior that excludes all other verification and exam on the subject; 2) the other important moment of the liberal use in the ways is the own change, “In the practical of courtesy and urbanity -says La Salle- it is necessary to keep in mind the time: Because there are those that they were in use in passed centuries, and even some years ago, and that today they are no longer practiced (…)

48 La Salle, “Guide…” 68 y 69, p.760, 761.49 P.Aries quoted by Calcutt, ob.cit., p.436, 437.50 La Salle, “The rules of Christian courtesy” (Règles de la bienséance et de la civilité) Preface 4, BAC, p.840.51 La Salle, “Rules of Christian courtesy” ob.cit. Preface 2, p.840

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Equally in what looks to the courtesy it is necessary to behave as it is practiced in the country where one lives or in the one that is, because each nation has its peculiar cortesy customs, for that that very often what is unbecoming in a country passes for courteous and deign in other”52; and finally 3) the courtesy was not an obligation but a convenience, this way it is convenient that the boy studies, still that he makes it the one that prisoner (who studied in the same classroom and conditions like the others children) because in general “they don't have heart malice” since like it sustained the problem it has its origin in the family negligence and the bad companies that often were his exploiters53. Convenience of sitting down in a certain way to write more comfortable and that Foucault names like a “moral orthopedics”, convenience even the good manners for not being looked by what he it isn’t, topic that it will be analyzed at the end of this work in relation to the uses of the look. The attention that deserved the behavior in society was worth therefore as a knowledge that was acquired hardly of the other one in its expressions, an approach that at all it could be explained from the observation of the human nature. Rather the registration of these formalities part from the social thing, the relationships with the other ones, the communication that of an individual interest and the man's metaphysician. The last end of these rules then it doesn't seem closer to the adjustment of the subject to a canon, more motivated was the classic mentality on the wide meaning of the “honesty” the “honnête homme” will say La Salle, so far away from this one begun with the French revolution about the normal man, and the quite modern represive idea of normality. The individual was not part of a canonical norm but of an action, a general behavior. In the “Newspaper” of Samuel Pepys, we find an eloquent full example, “Mr. Turner preached a funeral sermon, in which didn't speak anything of him, unless it was very well-known for its honesty, thing that spoke for itself more than all that he could say. With this reflection made it a good sermon.”54 Also in the moment to choose Louis XV somebody to occupy an equivalent position to that of first minister it will justify their election in the honesty that Machault deserved him, “When I chose you for general contralor of my finances, it was to believe you the best to fill that square. Your manifestations increase the esteem that I have toward vos and they prove me that you are one of the most honest men in my Kingdom and the ablest of serving me in such a position.”55 La Salle define the Christian politeness manners as “a sensitive and regulated way of to behave that one exhibits the way to speak, and in their external actions through an attitude of moderation, of respect, of union and charity toward the other one (neighbor); also paying attention to the places, times and people with which it is trying.”56

I. The proportionaly of the penalty

The “technology of the representation”57 in DP it’s one claimed mechanics of associations that would have been thought by the reformists (Beccaria, Marat, Hommel,

52 La Salle, “Rules…”ob.cit.,Preface 5 and 6, p.841.53 La Salle, “Meditations” 56,2; also in 33,3; 37,3; 56,2; 111,3; 114,2; 126,1; quoted in Gallego edition, p.46.54 Samuel Pepys, “Diary”, Espasa-Calpe Argentina s.a., Colección Austral, 2ª (1955), p.59. 55 Pierre Gaxote, “The century of Louis XV”, Ed. Huemul, p.214.56 “De La Salle…”, ob.cit., p.435.57 DP, p.109.

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etc.) to find to each crime an easily inferable punishment. It would be a belief of these to obtain a penal legislation with exact relationships between the nature of the crime and that of the punishment. The confiscation would punish the robbery, the death the murder and the one that has been ferocious in its crime would suffer physical pains, the idler would be forced to a painful work, the abject one will suffer an infamous pain. But, are these correspondences in Beccaria and in Montesquieu?. The first problem that arises is necessarily around the reaches that the classic age assigned to the language; the background of this tension started from the different intents in this time of a language that could be understood by all –may be this has received its initial push in the necessities of commercial exchange-; the projects and the utopias of an a scientific language a priori; and finally the logics of the dictionaries of Bayle and then the emprendimiento of the Encyclopedia in France like a will of assignment of certainties in the definitions of the things for the words. We will continue in this respect the points developed in DP on the mentioned reformist device of the “technology of the representation”: 1) That the reformists looked for a quick and easy linking among the crimes and their

hardships supported in those “natures asociables” (between the crime and the pain) it doesn't include any later step however toward the criminal's subjective formation. The calculation to which induces the pain goes against a perspective possible of a criminal tipology. It’s also affirms VC that the series of the hardships and their crimes would cause besides the individual's easy identification with their crime a “subject’s know”, wich would be a knowledge for his dominance. But how did it understand the Classic School the list of correspondences among the crimes to his respective hardships?, and whether it was it giveable to infer the constitution of the criminal's subjectivity. Bentham left in this respect some observations, he said that “a norm has never been dictated with a passable degree of thoroughness and precision that it fixes the quantity or the quality of the penaltys58.” Is this then intellectual’s deception?, or would an ideal code exist some day that remedied this lack?. He will respond the same one that “in most of the cases, if not in all that the crime admits a considerable variety of penaltys optionally, none of which would appear as strict and evidently necessary with exclusion of the other ones.”59

Bentham insists that any special will for a strict correspondence is impossible:

“Who writes these observations has investigated the question with more thoroughness and rigor that nobody previously and it has elaborated a series of norms that, as he believes, it generally reduces the disproportion prevalente between crimes and penaltys until some very inferior levels to those of any code at the moment in vigor, but he never tried to make patent that list of strictly necessary hardships, but the impossibility of their existence.”60

2) DP overestimate the reaches of the obstacles prepared by the penalty in the

possibility “to break the motive that encourages the representation of the crime. To remove him all the force to the interest that has made it be born.”61. Neither Beccaria, nor Montesquieu, nor Bentham was pavlovsians. This error takes its place

58 Bentham, “Critic exam to the rights declaration” in “Bentham antology”, edit by Josep M. Colomer, Ediciones Península (1991), p.136 in reference to VII point.59 Idem. “Even it’s erroneous and fallacious, to accept that it would be possible to find to every crime one strict evidence of necessity, wich it’s enterely false”.60 Ob.cit. p.136 to 137.61 DP, ob.cit., p.110.

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in a mistaken reading of the calculation that it makes use the penal legislation –in the reformist mentality - and of the own one carried out by the individual.

3) “The penalty as obstacle” it is certainly the axis of the classic’s penal discourse but when DP speaks of “obstacle-signs” to refer to this point confuses or spreads to verify a supposed language and grammar of the law62 that it would be understandable starting from its letters and its words, and it would in fact circulate to the way of a language among all and especially among those that were thinking the crime. Again, this conclusion is derived of an erroneous reading of the calculate made by the classic. The individual's speculation around the concretion or not of an delictual act limits the possibility of existence of this supposed language of signs decipherable and readable in those sentenced. The individual composes indeed from his I calculate a barrier to this “circulation.” The decision, is not so much in this case an act of sovereignty like of coexistence and sense construction in the different correspondences before the norm. We can affirm the making of a reformist text; but not of a such universal language63

that to the idea of the crime (the legislator's idea) it is associated other also specific idea of the penalty; “the submission of the bodies for the control of the ideas; the analysis of the representations like principle in a politics of the much more effective bodies that the ritual anatomy of the tortures.”64 But on the way of this wrong explanation given by DP is opportunity to understand that Classic School (Beccaria, Blackstone, Montesquieu, Marat, Bentham, etc.), never pretended the assembly of a language of the penalty that would contained in the letter of the law an unequivocal comprehensibility.In certain form DP transpose and extends the utopian issue of the classic age around the production of a language, or understandable universal speech for everybody common to Bacon65, Locke66 and Leibnitz with their shades. The dictionaries and the encyclopedias of final of the 18th century knew how to give form to this comprehensibility willingness. Foucault thinks this way a subject that would assimilate automatically a certain meaning of the pain and that –according to an single the commands of a certain interpretation of the norm - without the mediation of an own calculation will. But the reformist text is formulated from another place. It is an intellectual production different to the projects interested in an universal language67. The

62 Universal language of the law that would go even lot beyond the limitations admitted by the same reformist as soon as “It’s impossible –Beccaria write- to prevent all the disorders in the universal combat of the human passions”. “Of the crimes and the penaltys”; Editorial Alianza, 2ª, (1980) cap. 6, p.35.63 “Universal language it’s the ideal of the language able to offer an appopriate sign, single, for each representantion and for each element of each representation”, Edgardo Castro in “Pensar a Foucault”, 1ª Biblos (1995), p. 54 to 55. 64 DP, in “Punish”, II “the widespread punishment”, p.107.65 About the “words” Bacon write they have been “imposed according to the understanding of the masse and such an erroneous and imopportune blocks the intellect extraordinarily”, in Novum Organum, I, 43, mentioned by Umberto Eco in “The search of the perfect language” Editions Altaya (1999), p. 178.66 “Apart from this although a dictionary, as wich mentioned before, require too much time, expense and work to have hopes of seeing it in this century, do I find, however that is not unlikely to propose that hte words that mean things that we althogether know and that they are distinguished for their external form, they should be expressed by means of small drawings and engravings that represented them”, Locke, “An Essay concerning Human Understanding”, Book III, cap. X, 25; quoted by E. Castro, ob.cit.67 In the same way both Calasanz and La Salle were opposite to the idea of the “Universal Language” it’s more clear in their pedagogical practice on favor the mother-tongue. Calasanz very fond of the latin learn was concerned to a metod alike mothers do with her sons, in this way he told to frater Apa a

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notions of “damage”, the penalty as obstacle, the regime of minimun that articulates the proporcionaly of the penalty (induction to the minimum crime), and the “calculation” about the effects or benefits of the crime and the penalty made by the individual are categories and articulations that also need the plurality of meanings and the will that not concern with a drastic signs limitation, to an unique perspective of the universe. Besides this signal economy of the damage (induction to the smallest crime to cause the smallest damage) it doesn't exist any obedient subject addressee willing to “understand” the single signs of the normative intervention in their life. How can the possibility of a constitution of a subjectivity be thought then starting from a language that doesn't intend to institute from its economies neither it contemplates automatic associations?.

a) The uses of the detail

As it was already ahead the maximum pretense of the classic age around the subject’s dominance it is identified in DP by a search and achievement of the docility. In the formula of a: man “useful” and manufactured under the scale of the “detail.” For this reason the disciplines developed until the formalization of the panoptic prison pattern that it would be somehow composed by these two elements: the observation and pursuit of the minimum thing from the “scale” of the details; and on this subject's exhibition the search of a result of utility. La Salle would be one of the main mentors of the control technique based on the “detail”, meaning the inventor of the application of a new scale of surveillance, in the observation of the individual's minimum movements to improve it. DP makes an expressed reference: “The minutiae of the regulations, the punctilious look of the inspections, the subjection to control of smaller particles of the life and of the body they will give soon, inside the frame of the school, the barracks, the hospital or the workshop, a secularized contained, an economic rationality or technique to this mystic calculation of the tiny thing and of the infinite. And a History of the Detail in the 18th century, placed under John Baptist de La Salle, touching Leibniz and Buffon.”68

It is very interesting to take this last demarcation of Foucault on a “History of the Detail” and to see what has in common with La Salle, and question if could be infered of it any special control, if the detail gets the repressive forms in its uses like a “new scale of surveillance” in the looking (control) and pursuit of the individual's minimum movement as is affirmed by Foucault.Firstly if La Salle undertook a “secularized” of the theological discourse of the detail it would be necessary to keep it in mind in a deeper way and not like a simple reference on which a turn was marked. This way beyond the appointments accustomed of the gospel it is convenient to go directly to the discursive uses of the detail for the Christian ascetic. Alonso Rodriguez is one of the authors that has treated the topic of the abundantly “to work well” starting from those “small works.” But how are these preferences ordered around the minimun?, the one mentioned responds that “to do the

destacated linguistic of the age to write an easy manner to learn latin. In turn La Salle did not look for the latin language as the first to be learned to poor chilhood but like Calasanz he was concerned over the plurals and no statics ways of drawing by the mother-tongue, in 1698 he wrote the first French book of syllables “that was thought out without dependence on previously taught Latin syllables. The debate –says Calcult the author that it’s quoted above- wich one should learn to read first, Latin or French, was in full swing, and the protagonist on the side of the mother-tongue was La Salle, and he and the Brothers in their schools won the argument for the benefit of posterity”. Ob.cit. p.312. 68 DP, p.144, “the docile bodies”.

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well made things it is to do each thing as if doesn't have another thing to make”69, certainly this purpose doesn't seem to have too much in bill the “series” of which depend the minimum movements object of the teacher's surveillance, or of the military instructor, or of the patient, or of the worker. Let us only imagine this last taking more time of the conventional one to carry out their task because in the perfection of the small well made work one finds their conversion. “Who does go after you? –keep on saying Rodriguez- let not be puzzled on ouer works.”70 The “small work” as long as practice of the detail arises in a pastoral emergency as answer to the depressions, the sadness, and the griefs experienced by the man of the classic age in the execution of the religious obligations. In this joint takes place the confrontation among the Jesuits in favor of a morals that could contemplated in the judge the differences of each case and its circumstances. For this they were denominated “laxists” among the jansenistas and a considerable quantity of Protestants that opposed the “rigor” and the general principles of the moral theology in whose generalities the particularities of the case should not be understood. Julio Caro Baroja proposes a pursuit of those in favor of the “benign moral” (Jesuits) “by the light of the literary approach of “conceptism”. “The conceptist writer flourishes at the same time of the laxists and for the main thing was to expose subtle, ingenious, contrasted and paradoxical thoughts. Quevedo, Melo, Gracián, were the maximum representatives in the current, Gracián was doubtless one of the better and beside this he was a laxist that should had scared Pascal.”71 The religious crisis of the 14th and 16th centuries reinvents an old practice of the Christianity in the relief of the “small work.” These same it doesn't tire of preaching the Breton Saint Louis Mary Grignon of Monfort, for example. The life was thinked in the way to: “let concentrate on the ordinary things and you don't afflict yourself for the big ones.” The absent series of the big loads makes place to a location of the small requirements to find “serenity”, “alleviate.” There wasn’t any series, and the own individual's future depended on a novel use of the present time; and this same as something minimum and fleeting, alternating, independent of the world. The other motivation of this pastoral emergency that shook the preaches of the Catholic clergymen it is in a concern for the sadness or depression taken place by those “ordinary blame”. Rodriguez mentioning to the no less Baroque Juan de Avila says in this respect: “If for the ordinary blames that we make must walk decayed, sad and discouraged, who of the men he would have rest neither peace, because we all sin?. Offer you of serving to God and of making your diligences; and if you did not could achieve it all and falling in lacks, don't frighten yourselves for that reason, neither you dismay that in this way we being; men we are, and non angel; thin, and not sanctified.”72 Second; under the conditions of possibility that would make able a practice of the detail in the 17th and 18th centuries it’s stands out a disseminated formation of uses of the brief, of the memory, the popularity of those “pocket editions”, and the “Panegyric of Trajano of Plinio the Youth as the canon of a new reference aesthetics and politics. For it before attributing quickly to the “detail” the inspiration or constitution of an

69 “Compendium of Exercise of perfection and Christian virtues by F. Alonso Rodriguez s.j. Editorial Testimonio, 2ª, cap. 2, p.31.70 ob.cit. p.31.71 “Las formas complejas de la vida religiosa (Religión, sociedad y carácter en la España de los siglos XVI y XVII)”; Sarpe 1985; cap. XXI, p.549 a 550.72 Ob.cit., cap.13; p.299.

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observation scale, surveillance and punishment is necessary to reread the uses that will make possible its place in the society of the classic time. The memory was one of the qualities more valued from the antiquity and during de midlle age and more in the learning exercises. The concern for the brief rise then upon the own economic of the memory, just an example among others is this 14th century’s explanation “There are seven reasons for which it is preferable to speak little that a lot. The first one, because speaking little it’s usually wakes up a bigger desire (to the speaker) and speaking a lot usually tires. The second, because most of the times, what is said shortly understands each other with more clarity than the extensive thing. Third, because the brief things are remembered more. Fourth, because the brief things, sometimes get more. Fifth, because to understand an explanation given in brief words, it is sign of wisdom (…). Sixth, because often it happens that to tell many things especially not those related with the topic, it diminishes the value of the important words. Seventh, because in general, the brief thing is more pleasant.”73 The other point of production of the brief is in Gracian; whom take place the consolidation of the renaissance admiration for the “Panegyric” of Plinio the Youth and the formats of a writing that it takes pains for be consequent with its famous idea of “the good if brief two good.”74 The same idea or propose finds an apparent discursive application in the dedications of their work “The hero”: to the king Felipe IV, “This toy of greatness, this fastidiousness of discretion, arrives to its majesty's real feet (…) If I woud deserve to be the little boy of the books in the Real Library, I will show off eternity...” The renascence conceived a special pleasure for the small books, in eighth, begun in 1501 with Virgilio's edition; and the “Panegiric” imitated by Gracián and also highlighted by its conceptual and material brevity will make say to Lipsio in the 1600 “I refer to the Panegyric, excellent and worthy of all commendation... To the truth, neither it is this an extensive work, but as well as it’s contained in a reduced map the great size and the variety of the world, likewise it is included in this booklet as much as it concerns to the duties and the glory of the true principality....”75 The Panegyric also highlights besides for its little extension in the constant allusions to the “moderation” that had emperor Trajano and that it is in universal recommendation for all the people. “For what concerns me, I will make an effort to accommodate my discourse –Plinio write- to the modesty and the prince's moderation and I won't have less in what his hearings can support that what is due to their virtues”76; “with what moderation you have moderated (Trajano) your power and your fortune. For the inscriptions, images and banners you showed yourself emperor; on the other hand, for the modesty (… )neither another thing demanded”77; “To your last feature of moderation you owe the one that in any occasion that the dignity of the empire forces you to declare or to reject the war, don't seem that you have conquered for love to the victory, but rather you have in fact triumphed to have conquered.”78 On this point the preferences of the europa of the 16th and 17th centuries for the “moderation” in the government, and a “benignity of the penalty” hardly later it ponders another reading different to the hypothesis of “docility.” 73 Una teoría pedagójica de Bartolomeo di San Concordio del s. XIV, citado por Raquel Homet; ob.cit., p.137.74 “Lo bueno si breve dos veces bueno”.75 Citado por Antonio Prieto en la introducción de “El criticón” de Gracián a la edición de Planeta 1992 de Plaza & Janés Editores, 1986 “preliminares”, p.103/4, p.108 y p.109.76 “Panegírico de Trajano” de Plinio el Joven; Aguilar ediciones 1963; p.III, 35.77 Ob.cit. X, p.47.78 ob.cit. XVII, p.57.

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Lastly among the uses of the detail it can make an appointment the foreword “Of the spirit of the laws” by Montesquieu; “Many truths won't become patent in this work until after having seen the chain that unites some with others. The more it is meditated on the details better the truth of the principles will be perceived. However, have not I exposed them all, because who could tell everything without being made deadly boring?. They won't be in this book subtleties that seem to characterize the works of our days. For a little width approach with which the things are contemplated, such subtleties will disappear, since these only arise when our spirit, only attracted on one hand of the reality abandons the rest.”79 Third: La Salle to explain that that should not make a teacher, more specifically when he writes on the six points that make unbearable for the student his address he makes reference to the approach continued by the bad teachers of sanctioning the small faults in a same way that the big ones.80 In Fourth place it is the idea finally from a tolerance to the smallest crimes, or of a liberality as for its existence in function of avoiding the biggest crime, such a way to liberate the small defects, the violations to the law in the small scale to the law, became thinkable from the proportionaly of the penalty. Montesquieu sits down a principle that by itself cross-questions to Foucault in its thesis on the reformist willingness of observation and pursuit on the individual's minimum movements, the multiplication of those “punitive theaters”, the “punitive city”81 and existence of a “underpenality” that would come to total a lifetime under the rule of the punishment and the discipline of the fellow. There am here I eat a project on the contrary it is located to only avoid the “serious crime”:

“It is essential that the penaltys keep certain harmony to each other, because it is essential that it is spread more to avoid a serious crime that one less serious; that more it offends to the society that less it hurts.”82

While Foucault attributes to the society of the classic time the conditions of possibility of the “docility”; Montesquieu on the contrary comes to give another understanding around those “dominance methods” or disciplines (the punishment before the lightest lack and constitution of the subject starting from small controls of this type like it was already said above) in the logic of the despotic governments.In “The Persian letters” the same one develope before that “The spirit of the laws” this idea: “The habit that of depriving of the life to those incur in their misfortune to the lightest sign that they could make overturns the proportion among the crimes and the penaltys that it is as the condition and harmony of the empires; and this proportion that you observe with scrupulosity in the Christian princes, is cause that they take out infinite advantages to our sultans.” “A Persian one that for imprudence or for mishap the prince's misfortune is earned it is certain of losing the life; and the lightest fault or the slightest mania puts him in similar precision. Because if he had been plotted against their sovereign's life, if he had wanted to give the enemy their square, strong, had also paid with the life; of luck that the same risk runs in both cases. For that reason, to the slightest misfortune seeing certain the

79 Montesquieu, “Del espíritu de las leyes”, prefacio, p.11; Altaya 1993.80 “De La Salle…”, ob.cit. p.324.81 “He aquí, pues cómo hay que imaginar la ciudad punitiva. En las esquinas, en lso jardines al borde de los caminos que se rehacen o de los puentes que se construyen, en lso talleres abiertos a todos, en el fondo de las minas que se visitan, mil pequeños teatros de castigos. Para cada delito su ley; para cada criminal su pena”, VC, “castigo”, II “la benignidad de las penas2, p.116/7.82 Montesquieu, ob.cit., libro VI, cap. 16, p.74.

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death and not knowing sews worse naturally, it is solved to upset the state and to be plotted against the sovereign, only resource that he has left.” 83

The care on the small fault its surveillance and pursuit will be articulated then with special care in a simplified code. Foucault opposes in DP the “punitive festival” of the public tortures previous to the 17th century as the moment of an atrocious punishment but that it would not make its nets on the minimum faults, it would not be executed the agent of the small illegalism but to the heretic, to the patricide one, the reicida, etc. On the contrary Montesquieu makes derive the willignes of punishment of the absolutist government's small faults, to which also opposes a different approach of the one thought of DP on the “moderation” not like mere effectiveness, approach also far away from the government's interest for its citizens in the surveillance and control perspective: “But in the moderated States, in those that one has in consideration the last citizen's head, it is not deprived anybody of its honor neither of its goods without it precedes a long exam -the uses of the “slowness” in the dictation of justice they are indexed in favor of the accused in the face of any irreflexible and unilateral decision84 - (…) for that reason when a man becomes more absolutist, the first thing that makes is to simplify the laws, so that in such a State they call more the attention the particular inconveniences that the freedom of the citizens, of which doesn't make marries at all.”85

In a such government “they feel only bound to each other for the punishments that some exercise on other.”86 Still the relationship of necessity so commented that makes Montesquieu among despotic governments and big territory extensions it suits in an explanation of the freedom caused by the big people masses around the cities that it doesn't redound merely in a defense of the urban centers, neither in their confores it rescues on the contrary that when the men are at scarce distance some of other, “together –a differs of what happens in the countryside - “they have more desires, more necessities and more whims” that which is besides being highly beneficial for the “spirit of the trade”87 it contrasts with the idea of a “docility” manufactured with the help of holding the individuals in compartments of induced necessities or in the repression of their passions that they are –to use an expensive term to the mentioned author - the “spring” of the commercial life. Which is almost of more to say it is preserve but highly restricted in the despotism. In such way it’s arise other read completely different from DP’s by wich the little faults not became an object of correction on the contrary it’s released to avoy the biggest (penaltys’economy). In what could be denominated international right Montesquieu in certain way it also expressed clearly this notion: “The right of people is founded in the principle that the different nations should be made, in time of peace, the biggest well, and in time of war the smallest not well possible.”88 This thought and practical that had place along the XIV centuries to the XVII one they will make possible in the reformist text the calculation of the penalty, as an induction regime the minimum damage, to the smallest crime. Next it will be explained in that

83 Montesquieu “Cartas Persas”; carta CII, p.169; Editorial Planeta s.a. 1989. Cabe acotar que la obra se escribe desde la mirada crítica y anónima de un persa. Crítica que no escatima en sus observaciones mordases.84 “Será conveniente usar de lentitud en tales casos, sobre todo si el acusado está preso, para que el pueblo pueda calmarse y juzgar sin apasionamiento”, Montesquieu, ob.cit., Libro VI, cap. VI, p.65.85 Montesquieu, ob.cit. Libro VI, cap. II, p.63 a 64.86 Idem., Libro V, cap. XVII, p. 58.87 Idem., Libro VII, cap. I, p.76.88 Idem., Libro I, cap. III, p.18.

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way this régime doesn't imply a regulation of the behavior in its minimum expression but its tolerance and a concern on the other hand around the “frequency”89 of the biggest crimes. b) The penalty reformist reckon (calculation)

The reckon up the penalty consisted on a double induction: 1) if the penalty was not able to prevent the damage taken place by the crime it’s followed to the other preference90, 2) that the individual made the minimum crime (damage).

“When a man has opted in particular for a crime, the following objective is to induce it to not harming more of the necessary one for its purpose; consequently: the pain should be adjusted from such a way to each concrete crime that should have a reason that impedes the criminal the realization of this damage for each part of the damage.”91

The first sign of the reformist text of Bentham is given by a sort of caution on the crime possibility. With this first speculation on the “inductions” of the penalty stand a liberal show of options even far away from psychological coercion. For that reason it is mentioned the especially “decision” taken by the subject, then the letter of the penal law would should in the face of its first failure be presented with a new suggestion: the realization of the smallest damage. Of this certainly it has been debating until here in the subjetc's liberation regarding these “little faults” on this point his practice is not still an object of watchfulness nor for the sake of an improvement and docility but as long as the concern was on those “big faults”, the serious damages toward the society and not those that on the contrary its reality didn't only deserve a great tolerance but until it had a sort of thick view of the law.This way “if a man needs to do a crime of the class wichever, the following objective it is to induce him to do a small one before to fancy with a more harmful; in other words, to always choose the less one of the two crimes adjusted to his purpose.”92 In turn the “bigger damage” is object of a special regulation; on the contrary of that sustained in DP that refers a supposed classificatory obsession of the reformists around the crimes and the penaltys in a listing of infinite tendency that would articulate the minimum fault so much (smaller crime) as the biggest damage caused by the individual. The same reformist author noted in a chapter on the “division of the crimes” that “the order intended to examine and to distinguish all the different classes of crimes and the way here of punishing them, but the variable nature of them for the diverse circumstances of centuries and places would make us form an immense and unpleasant plane. We have enough, because, to indicate the most general principles and the most fateful and common errors.”93 The tolerance of the “smaller damage” it is possible in turn in a certain notion of the “damage.” “The only and true measure of the crimes is the damage made to the nation, and for this reason those that believed have missed that it was it the intention of which

89 Beccaria, ob.cit., cap.6 “De la proporción entre los delitos y las penas”, p.35. “No sólo es interés común que no se cometan delitos, sin que sean menos frecuentes proporcionalemente al daño”90 “Que un delito dado se pueda prevenir en cierto grado mediante una cantidad determinad de pena, nunca es nada más que una posibilidad” en “Introducción a los principios de la moral y la legislación” de Jeremías Bentham, en “Bentham”, Textos cardinales, Ediciones Península 1991, Edición de Josep M. Colomer; Título XIV “De la proporción entre los delitos y las penas”, X, regla 2, p.67.91 ob.cit., XII regla 4, p.67.92 Bentham, ob.cit., IV.2, p.66.93 Beccaria, ob.cit., p.39.

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makes them.”94 To the margin of the discussion more or less recent envelope the “intention” of the acts, the justification of the penalty made by Beccaría contrasts with the opinion of Foucault for which this ones would become an instrumentalidad, a tool starting from which would get ready the individual's knowledge, with the tendency of the “the criminals' objetivación”.95 The reformist proposal of measuring the penalty according to the “damage” it is quite difficult of reconciling with the explanation proposed in DP on the constitution of a subjectivity (docile subject) starting from the penalty. Because its application won't depend on any intrinsic quality (deviations, morbidity, neither of a perversity of the behavior) of the individual. Beccaría confirms this same in the impossibility of the norm of entering to the subject's soul explaining on purpose that “the graveness of the sin depends on the impenetrable (not visible) malice of the heart. This malice is not able to without revelation to be known by some limited beings; how, then, would it take it for norm to punish the crimes? The men could in this case to punish when God forgives, and to forgive when he punishes.”96 On the other hand an excessive mathematical interpretation that usually makes of this “calculation” it has not stirred up few errors. The association is easy, the calculation and the numbers, although neither it is discarded the metaphor of a possibly “mathematical moral” like Bentham titles any book, and the characteristic phraseology of the “measure of the penalty” and its “proportion”; but still these it remits us to a more exhaustive understanding that that of the mere numeric virtue of the calculation that the individual should make based on his behavior and the law. This practice of the calculation waited by the reformists was not precisely made of some quantities and other variable manipulables according to supreme and subtractions, neither according to the grid of a trustee. Over the read of this little revised metaphor it’s been neglected two own important functions however that they allow a wider reading of the calculation that embrace: 1. the analytic of the effects, and 2. the writing of the coincidences. The whole classic time97 (17th to 18th centuries) operated from those “effects” and not over the work of the constitution of entities, modality (discursive) that even discards of plane any canonical formation of an uniform idea on the "man". To be centered around their actions, passions, and the results without committing his " being ". In this respect it can be affirmed that (the ancient regime) was so antimetaphysics as deeply religious. In politics this mentality found its end with the French revolution; De Maistre explained in those years something that had been evident until the moment, to interpret the reality from its effects:

“In all political or religious creation, anyone could be the object and importance, it is general rule that there is never proportion between the effect and the cause. The effect is always immense regarding the cause, so that the man knows that it is not more than an instrument and that it cannot create anything for itself.”98

The “analytic of the effects” it’s also understood in a beginning to the typically political ones, this is the provoked ones for the laws in correspondence with government's forms. Montesquieu is its best exhibitor. The initial motivation “Of the spirit of the laws” it doesn't reside in the author's interest to make a didactics of the different government

94 Beccaria, ob.cit., p.cap.7, p.37.95 DP.,ob.cit., “el castigo generalizado”, p.106.96 Beccaria, ob.cit., cap7, p.38.97 Eventhough for DP the “Classic Age” encompass the 14th to 18th centuries, but over the analitical uses of the effects this Introduction must to be more specific.98 Joseph de Maistre, “Study over the sovereignty”; VII, p.45. Editorial Dictio, Buenos Aires.

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types, but in explaining “that all the effects that we see in the world”99 are not the result of a blind fatality." The interest then to discover a reason of those “effects” in government's form (monarchist, republican, and despotic) it will open a wide domain understood for: a) “the idea that hey have of these three governments the less well educated men”100; and b) of “the human passions that put him in movement”101. The starting point of what is said in the language of every day, likewise the extensive and fragmented appeal to the passions open a vast domain to the universal of the results. . The “relationship”, before the principles and the destinations of the theory, it will articulate this net of effects’ possibilities, it is enough to notice in the index “Of the spirit..” some holding: “The laws of the education should be in relation with Government's principle”; “Consequences of the principles of the different Governments in relation to the simplicity of the civil and criminal laws, to the form of the trials and the establishment of the penaltys”; “Of the laws in relation to the defensive force.” The text makes its unfolding in the study of the different relationships without draining them in that of control and obedience. In the possibilities that it opens this analysis the ontology in government's ways and the principles leave place to a wider appreciation, with a great freedom in the inclusion of the most diverse variables, wealth reached in the plethora of the effects. . The law and the man: both participate of the necessity of being explained through the nature state. “To know them well –dice Montesquieu on the laws - it is necessary to consider the man before the societies settled down, since the laws of the nature are those that he received in such a state”102. But this “man” the same as the laws that are they innate in that state (“The law that printing in us the idea of a creator takes us toward him”103) they have disappeared, neither that it is the “shy” and good savage, neither the law is permanent in the behaviors. The law after the contract is not lived as something in itself but in its reminder104 quality. In this analytic the law and the man did make the same trayectory. None receives a definition from that “it is” and “it should be.” Because neither the man of the fiction previous to the contract was obviously the real one, and the contemporary to these thinkers, nor canon nor model that one could imitate. In the same way the rules presents in this hypothetical moment would be notably different from those arisen in society. It is not neither of ignoring to the own historical search summoned in the study of those “relationships”, neither of a pragmatic of the effects looked for the citizen obey and for the governments so that they last. But of a different logic, of an anecdotic, fictitious beginning. Otherwise the analytic had become quickly in the history of a normality or of the different subjectivities. But this it was not the interest of the reformists of the penal system because neither they trusted,

99 Montesquieu, “The spirit of the laws”, Ed. Altaya, 1993, First secction, book I, p.15, “Those who claims for all the effects that we see in the world are caused by the blind fatality had claims a great absurd” (author’s underline).100 Op. Cit. Book II, I, p.19.101 Op. Cit. Book III, I, p.27 (the author mention the “principle” that move and it make the “spring” of each governess form).102 Op.cit. Book I, II, p. 17.103 Idem.104 Op.cit. Book I, I, p.16. “Being intelligent (the man),it smashes unceasingly the God fixed laws to also changes those that himself settle down. In spite of his limitations, he has to direct his behavior with all the finite intelligence, he’s subject to the ingnorance and to the error (…) A similar being could forget to his Creator every daylife, but God calls him by the religion’s laws; in the same way he could forget his own self, but the philosophers impede it to him by means of the moral’s laws; born to live in society, the man could forget the other ones but the legislators make him return to the path of his duties by means the political and civil’s laws”.

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nor they understood possible to make a teaching on what each individual should understand for a “man.” For the “law” neither it was necessary to imagine the citizen's attitude in loving coincidence with their own interests, neither an execution of the pure duty. To these big units they will come to replace them the multiple and varied “passions” installed in that that the classic age denominated for “human nature” that was not but a vast domain of possible results. With the French revolution the “analytic of the political effects” was interrupted by the institution of universal formulas of the human thing. But this didn't prevent to that could be derived of that a “analytic of the effects of the penalty”, and a “writing of coincidences” that would consecrate the final way of the “reckon” made by the individual in relation to the penalty. This last one “writing” met his origin among the utopias of the renascence also in the debate around the obedience to the authority and the own interests; one of whose better known exhibitors in one of the variants was Rosseau (utopian coincidence in the individual of the norm and the willingness) Bentham contributes from the axes of the analytic one and the writing of the coincidences a more complete understanding of the classic calculation according to: a) the critic to the declaration of the man's right dictated by the French revolution; b) .one determined notion of those “passions and appetites”; and c) .the “pleasure” and the “pain” as sources of effects.

a) Although DP makes its center in the prison like a “social program” and a “men's factory”, it omits any deepness on the calculation made by the subject. Foucault doesn't go in it but a state effectiveness, and of its penal legislation. The first problem arises in relating a supposed production in the man's series when the own discourse of the Classic School doesn't only omit all reference to the constitution of a human entity but rather it will be opposed it. In this perspective it’s the “Critical exam of the Declaration of Rights” of Bentham. The text is devoted to debate point for point the entirety of the document emitted by the French National Assembly. Still running the “Exam” the luck of a manifesto, and the arguments sometimes spread also to mix with certain feeling common to the age of hostility toward the most powerful neighboring country France. But it doesn't disqualify it at all a text still installed in the wide margin wide of the speakable around the man's institution critic like imposition of something as a universal formula of use. The Classic School didn't think a citizen, or ideal citizen as a repetition or more a true notion for altogether to be obey it. The accepted equality was certainly the effective one before the law. By chance it won't rescue of the document the articles referred to that “the law should be same for all, so much if it protects as if it punishes” (…) “being all the same citizens before the laws is also equally capable for all the dignities, public positions and employments according to its capacity and without another distinction that the coming from its talents and virtues”105. “This –conclude - it is one of the few clauses, for not saying the only one that not became ready to serious objections.”106 Bentham thinks that the equality and the freedom in its generality hide once presented “in union to other propositions that don't come to the case, the proposition that is known lacking of test.”107 Not recognizing in the individual another subjection that his, will imply to ignore their reality of “subjection”, that is to say to obviate the human and unavoidable necessity to depend on other men, as well as the boy has it from his parents as soon as he is born. To forget this form of the man's existence would be to leave the

105 Bentham, op.cit., p.130 to 131, art. IV, number 3 and 4.106 Idem.107 Op.cit. p.110 “Preliminary observations”.

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exposed individual to “who imposes his will and chimera like the law before which requests to the whole humanity that gives in to the first expression.”108 This idea finds its best development in the distinction that it makes it in the document among “duty” and “that to be possible”. “Can the social differences only be based in the common utility”, to this part of the first article of “The Declaration of the Man's Rights” does Bentham dedicate a special hermeneutic work to be cross-questioned on this problematic one “can they be based in the common utility” that would rot according to its journey to group in three possibilities: 1) “do they already refer to something established or to something that should settle down?”; 2) “does it mean that they should not settle down partly some social differences that those that it is admitted are not that they have the foundation in question?”; and 3) “or simply that none will settle down?.”109 The first statement it is “perfectly inoffensive”110 it would refer to fact question, the second it would also invoke the approbatory abilities of the other ones in relationship to a fact question “being able to or not to be true, like it usually happens, and anyway it is equally innocent”111; and the third are only a call to the violence: “when they used in this way “to be possible or not” in place of “should or it doesn’t should”, when they are applied to the force and the obligatory effect of the laws and not to the individual acts, not even to those of the subordinate authority, but to those of the supreme government, they are the jargon disguised of the murderer.”112

b). “The passions and the appetites”: it is necessary to clarify minimumly that the passions in the classic age receive as many supports as they raise the regulated cares because they were understood the share of “the big ones work -Diderot coment- Without them there is not anything sublime neither in the customs neither in the creations.”113 But to obey the own passions also meant to lose in capacity, to be less in creativity, freedom, intelligence, etc.. The passions in their excess deserved an own consideration then, they implied a subtraction, because they attempted against a “outline of more complete and adjusted probable future”114, this is with the own articulation of the “calculation” and with the width of integrating the biggest quantity from elements to this opinion.

c). Bentham will develop an analytic of the effects complexitied in “the effects of the effects.” If before the concern went by the effects of the law in relation to the political regimens a new employment opened up now to the personal calculation in the consideration of the effects will appear of “pleasure” or of “pain” that causes the production of the crime, this is something like that as its benefits in comparison with its inconveniences. It is necessary to notice that these two new forms of the effects (their subjective sources in the author's terms) they don't build a sensualist theory in no way, neither it can be affirmed hastly that it is been in front of aimed discourse on the sensitive. These “effects of the effects” make their center on the other hand in a singular relationship with the own future. The empiric domain therefore it can raise is entirely speculative, in such a case in allusions to the own memory the individual would experience the

108 Op.cit. p.113.109 Op.cit. p.115.110 Op.cit. p.116.111 Idem.112 Idem.113 Diderot, “Philosophicals thoughts”; Sarpe, 1984, p.25 and 26.114 Bentham, op.cit., “Deontology”, II title, II Practice, p.102.

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possible options. But the important thing in the calculation won't be so much a present sense of the effects of the pain like the coincidence or not of the behavior with the norm. Coincidence implied in the subject's future by wich neither it can be claimed as in DP an immediate and sensorial experimentation of that it’s thought. This way the “pleasure” and the “pain”115 they were involved more with purely speculative analysis categories. To such ends Bentham will occupy great quantity of its analytic one in making the lists of the diverse effects of the pleasures and pains (without defining that it is each one for each others on the contrary it would incur in the subject's exclusive calculation area) to make possible a thought of effects in relation to his own “future outline”. For which “the person (must) to consider in itself the value of a pleasure or of a pain considered in itself it will be bigger or smaller according to the four following circumstances: their intensity, duration, certainty and uncertainty, vicinity or distance.”116 If before the analytic one had dedicated their efforts to the study of the best effects taken place now by a law the field it opened up especially to a practice of calculating the motivations of the pain in connection with their addressee's life. The calculation is located so carefully between the pain and the subject in the way of such precision reached that it’s difficult to think its extension to the subject whole life in the way of punishment representations space in each block, each corner that DP calls “punitive theater.” In turn the Classic calculation raised between the effects of the pain and the variable of a writing of the coincidences whose author would be the individual addressee of the norm. As much as the bigger it was the coincidence the less the pain’s effect, and on the contrary as long as bigger this last, smaller the free coincidence among completing or not with the willing with the law, that which would give his violation as a result in the commission of a crime. (The square shows the two constituent variables of the referred Classic calculation; as much as bigger the coincidence the less effect of the pain, and on the contrary the bigger sanction effect it will be read like a non coincidence).

115 Bentham makes an extensive list of pleasures and pains: “1. The sences pleasures 2. The wealth pleasures, 3. The ability pleasures, 4. The friendship pleasures, 5. The good reputation pleasures, 6. The power pleasures, 7. The pity pleasures, 8. The benevolence pleasures, 9. The malevolence pleasures (...) 1. The sences pain, 2. The privations pains, 3. The difficulty pains, 4. The enmity pains, 5. The bad reputation pains, 6. The pity pains, 7. The benevolence pains, 8. The malevolence pains”; Op.cit. “Introduction to the principles of the morals and legislation”, V “Kinds of pleasures and pain”, p.61. 116 Op.cit. “Introduction…”, IV Title, “the pleasure and pain values and how to size them”, p.58.

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Writing of the coincidences

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III. Epidemic, to be able to and personal decision

a) The infected city

Besides the logics of the detail that would come to reinvent the surveillance, DP consecrates a special analysis to the exclusion practices originated during the 17th and 18th centuries in the gubernamental control of the pest. With this other support it would be then possible no longer only the Bentham’s panoptic but also the discursive forms of separation among the normal and abnormal, starting from a previous division raised among infected and healthy; that later on would serve of tool for the constitution of the criminal's subjective tipology. Of the fights against the epidemic in London in 1655, and the successive ones in Vincennes, Naples, etc. Foucault makes infer a control experience (of the pest) that –it would be intended by the mentality of the Classic Age - as the “utopia of the perfectly governed city”117, the pest like “political dream” of social organization; where the citizen would obey with the urgency, and the fear of some terminal sick persons. The power it would not be simply a doctor-terapetico pole in charge of curing but rather it would take charge of taking permanent registrations on the individuals being facilitated this way the supposition of uninterrupted control and a particularized domain on each inhabitant. Subject’s registration and identification that it would makes possible a “knowledge about the bodies” to have them (their mobilities, spaces to occupy, efficacy, strength, etc.). Then, according to DP around the control device on the pest in the 17th and 18th centuries is necessary to cross-question some places:

b) The “permanet register”

The power that it carries out the subjetivation task and surveillance that DP attributes to the practices of control over pest it should be permanent and uninterrupted. Here the first great problem, Foucault arises the whole analysis on the Vincennes regulations for which doesn't have repairs in extending it to “all the previous and later pests”118, without involving a debate on the sources that it would exceed this work it is a frank, or easy point to explain such a complex event as an epidemic on the base of a regulation that is not more in most of the cases intentions manifest, a resource of quick and immediate speech, etc..

117 DP, op.cit. in “Panoptism”, p.202.118 This Reglament is alike on the essential to the others of the time and also to the former period”, with this note it’s began the DP’s title “Panoptism”.

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The pest experience lived in London in 1655 it’s far away for what it can contribute us those “concerning ordinances to the epidemic of pest, edited and promulgated by the Lord Alcalde and the Regidores of the city of London”. It is for it that suits to recover at the same time of that documentation, “A journal of the plague year” of Daniel Defoe, or the “Newspaper” of Samuel Pepys, as well all the non state testimonies that have made in that joint. Outstanding this first obstacle it’s continues the uninterrupted permanency of a registration that was not such (in London, 1655). “The inspection works unceasingly. The look is everywhere in movement”119: DP shows the control experience in the case of an infected city. Certainly the logic of this inspection is registral and its effectiveness only resides in the possibility of a good surveillance. But what did it pass during one of the most famous pests in the history that is of the elected period for Foucault?. The surveillance of the guards bet in the houses in quarantine -already closed by the pest of all or of some of their members, -far away of being a great control mechanisms-. Just the families bribed the official in charge of their surveillance (practice that at all was not well seen, but excessively tolerated) or taking advantage of the interval among the inspection that it came to verify the health of their members “the owner of the house had time and occasion of moving with the whole family”120; or just “many houses were willing in the way of had several exits, some more, other less, and some of them were to different streets, so that to a single man it was really impossible to watch over all the exits and to avoid people to escape (…) so that while one spoke with the guardian in a side of the house, the family escaped for other.”121 The other characterization of the registration in times of the pest would be so much its permanency, its vocation of total description, as its capacity inquest.In spite of himself Defoe should to fulfill the public load of being “visitor” or “inspector” of houses that could be affected by the pest, he write a relationship in the way of these “inspec task”: “practically whenever we arrived at a house where the pest had already shown visibly (that which not supposes a minimum look meticulous), some of the members of the family had already escaped and they were outside of our reach. (…) As for that of go to inform of house at home, it was something that no authority could force to make to the inhabitants from London, neither nobody of the city had been able to accept, because it had meant to be exposed to infection, or sure death.”122

But it is not only inefficiencies but of absences. The deaths will also be registered but anyway the officials of the parishes in charge of this accounting were not the sufficiently meticulous ones.123 The justice was administered in uninterrupted way -Defoe coment- does it mean in the terms of DP that “don't they circulate for the streets more than, the intendants, the sindics, the watch's soldiers?”124. or like the Journal’s author that we come following this notion of him observed “uninterrupted” it makes reference to the reliefs among the officials of the Lord Mayor who account of the pest falling sick being seen in the necessity to replaced125 those ones to guarantee in this way an uninterrupted exercise of the justice.

119 Idem.120 Defoe, “A journal of the plage year”, Editorial Brueguera, 1ª, 1983, p.78.121 Op.cit. p.76.122 Op.cit. p.227 to 228.123 “However when I say that the parish officials didn’t give the complete figures, neither get too much attention to this matter that the reader thinks how you could be meticulous in times of such a terrible calamity, when many of them fell sick too, and the maybe died in the same moment in that they present the lists”, op.cit. p.138.124 DP op.cit. III the panoptism, p.199.

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The register forms (statistical, grants of certificates of sanity, and the power of closing an inferred house of the obtained data) that DP it makes functional to the controls of a plagued city besides showing a permanent surveillance they would be supported by a body of considerable militia, “guard's bodies in the doors, in the city council and in all the sections so that the obedience of the town is quicker and the most absolute authority.”126 But this military disposition of the city and of their obediences it doesn't seem to be such an easy resource and instrumentable. Without debating about the intentions or the possibilities of this surveillance on the population it doesn't turn out to be a too believable practice when the own militia disappears of the control place, of the plagued city to concentrate on it emergency watch, limited to a minimum quantity of troops. “As for the soldiers, -Defoe coment in his Journal- none was seen; the scarce guards that then had the king, and that they were not anything beside those that later ended up preparing, they were dispersed, those some in Oxford, with the Court, the other ones in gears quartered in the most remote places in the country (…) For those that refers to volunteers' militias, there was not way of forming them; and if in the lieutenancy, already outside of London, and to of Middlesex, the order had been given of making sound the drums to summon to the militia, I believe that none of the companies had gone to the call, they were which was the punishments with which they are threatened. This made that one had in less to the guardians (…).”127

c) Government's programs and the pest

As it was already ahead the epidemic of the pest it is for VC the “political dream of the perfectly governed city.” Now see like a government articulated this “dream” in the London 1665. The first thing that we can notice is not but an attitude of rear of the same administrative power, always been one step behind the events to not exasperating people's spirits that previously to be declared the epidemic openly it began to “despair”, like Defoe writes. This “state of pest” it would be capable according to DP of making circulate in an ideal way, -this is really effective- the disciplinary mechanisms, the message of an order quickly agreed thanks to a “appeal to the fear of the pest.”128 This comunicational device (we could add in the terms of DP: “disciplinary comunicacional devise”) it has its center in the measures taken mainly by the government's administrating power in its regulations and fight plans against the pest. The closing of the houses with sick persons is maybe the most problematic measure as long as privation of the freedom without having been made any crime. But these confinements keep a narrow relationship with other so many variables even neglected in DP.First: government's plan was made among priorities that left without too much importance any special will for a savior and urgent closing of houses affected by the pest. The plan consisted in: .the supply provision; . on maintain stable prices129; .to care

125 “(…) the officials that depende on him, that is to say, the official calls of the Lord Mayor, established shifts for never abandoning the service; and if some of them fell sick or it was contaminated like it happened in several cases, it was called inmediately to other so that they occuped the play while wainting for knowing if this new one it would die or remain alive. And the same did it the sheriffs and the aldermans”, op.cit. p.251 to 252.126 DP, op.cit., III. The panoptism, p.199.127 Defoe, op.cit. p.99.128 DP, op.cit., III. The panoptism, p. 203.129 “The price of the bread, for example it didn’t ascend a lot (…) and I believe that before then the similar thing had never been seen in any city of the world that is whipped by a terrible epidemic. 2. And neither it lacked bakers, neither open ovens to provide from bread to people, and it did amazed me a

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for no cadaver were without sepulchre; .the existence of two hospitals of having stunk (one beyond Old Street and the other one in Westminster; “there it was never -our author bring out- taken to anybody by the force”130). And certainly the infected house clousing topic. But also before mentioning the mechanics of this last practice it is necessary to contrast the letter of the programs again with their exercise. During the epidemic crisis it was constantly discussing over thed possible solutions among them it was the cuestion wether it was good heat with blazes (for some with wood, for other only with coal) and with this resource to clean the air, those that were opposit claim that it would be the fresh air of the winter the one that “it would purify” the unhealthy air. In such debates it was showed the lack of answers and of plans before the epidemic. On purpose of this little dispute the Lord Mayor “ordered that there were not more blazes, mainly because the pest had acquired such a violence that was evident that it challenged all the measures and when some means was applied to combat and to counteract its effects, more seemed to increase that to give; and however this confusion of the magistrates was due more to its impotence to apply effective means that to its lack of interest (…) But anything gave result.”131 The grieving feelings in the stories of those days, the not very creative debates brought up, and the government's impotence were a transposition of the same thing. In second place it does correspond to mention the denominated system of closings houses affected by the pest, how many were the confinements?, was the whole closed city?. No, this practice was constituted starting from a detainee and slow regime of discoveries132; “so that people had freedom to go for the streets, for where better they liked, unless it would be known that they lived in such a polluted house”133. Still with all the critics that it had this practice during their application it is necessary to notice that it was not a system of total closing, the contained city was not. For the case of that London either he escaped, either decided to traffic outside with his corresponding certificate of health, about the danger that he could get it won't be author the government but the circumstance difficult to the one that was exposed, possibly nobody would aid him and he could die for it from hunger, and not for the execution of some pain against its flight. Defoe reminds us in relation to the closings that “people made sick and died with so much speed that was impossible, and the truth is that it had not been good for anything, to go of a side to other asking who it was sick and who was healthy, neither to close the houses with the rigor that the question required.”134 The system of closing houses with pest was executable starting from the quarantine idea, of remaining fixed in the place; a date that exposes DP like part of the repressive dream of an obedient society. The immobility of the citizens would provide to the power of an extra docility. But DP however doesn't investigate more envelope the idea of the quarantine, it doesn't attempt any type of understanding even stays far from any mark of possibilities unaware to the “repressive hypothesis.”Without changing an hermeneutic of the suspicion for another of the candor we believe necessary a course enlarged around the “fixism” (to get fixed anybody or oneself in a

lot”, Defoe, op.cit., p.246 to 247.130 Op.cit., p.247.131 op.cit., p.235.132 “In a such a big and so populous city as this it was impossible to discover all the houses that were polluted”, Defoe, op.cit., p.226.133 Idem.134 Op.cit., p. 226 to 227.

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deteminated place) practiced with the sick persons and the healthy ones as soon as resource to avoid the death for pest. In Defoe’s Journal it’s insistently repeated two words, two situations: the “surprise” and the “desperation.” Both express the closing system existence conditions. Beginning with the latter it makes its center in a lack of the government's intensive protagonism. “Desperation” not only because it’s approaches the pest and with it an almost sure death but as long as people built a political idea of the scarce intervention of the authorities in this respect. Although Defoe doesn't always hide in its Journal a superior look on the heedless town, -that it comes to not only include the poor but also to the bourgeoises- without scanting references about the credulity and “desperation” of people that went to the quack doctors and astrologers, the text names a government behind from these previous circumstances to the official declaration of the epidemic. The Court “that until then had lived between luxuries and pleasures, it showed an exactly concerned face for the public danger” and it is Defoe comments because “the rulers also showed desires to participate of these things”135 that is to say of the practices of pity, fast and of public prayers. A more evident example is possibly given by late government working before the opportunists that sold any type of prepared in waiting the arrival of the pest, pills, and advice. “There were several intents of to prohibit that books were printed that terrified people, and to scare to who diffused them, to some of which were fastened; but after all anything was not made effective, because, as they informed me, the Government didn't want to exasperate people more that, to say this way it, it had already lost the head.”136 The “desperation” it arises in relation to a lack of the government's planned intervention where the individual went “on a door to other, screaming unceasingly: - God have you pity of us! What will it belong to us?.”137 Even the “surprise” was the play of the pest; more than of an invasion in the terms of a military attack thought of a form of veiling for not being surprised. Rather it is a fight against the pest like an entirely individual undertaking. Although in principle the closings of houses understood collectively all their members, the rule was the self face and and wait of the most reduced number of people in the face of the possibility of falling sick. So on account of what is this willingness for the small group?, for the fear to people's masses? political fear? possibility of it breaks of an obedience strengthened on the other hand in the solitudes of the homes?.At all some aversion existed to people's presence in the street, on the contrary the Newspapers so much of Pepys as of Defoe they don't get tired of writing on the pain feeling that takes place him estimating much more the public space of that that commonly usually believes. But this it is not the reason that really interests but the idea of an illness that it takes for negligence to a great quantity of people. This idea of the ages mentality on the number of having infected defines to the pest itself as a quantity, the “surprise” then as an overwhelming contingent of people. In what other way but the “surprise” could you capture the life of a great quantity of the population?. “Often I

135 Op.cit., p.44.136 Op.cit., p.39. Another appointment of this kind spit of the allusion on “magicians”, and “quak doctors” it makes the story of a government that acts later, behind: “regarding the public health, it is opportune to mention here that, having realized the nonsense from people when throwing to go to quak doctors and talkative, magicians and fortunetellers, like I have already said above, that made until ends of true madness, the Lord Mayor (…) it designated some doctors and surgeons for help to the poors and mainly it prepared that the School of Doctors publisched some indications so that the poor could use cheaper good remedies”, Defoe, op.cit., p.53.137 Op.cit., p.51.

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have meditated –says Defoe - about the unaware in which was everybody when the calamity began to fall on London.”138 The population's division in small groups, the intention, finds its meaning before in a “repressive hypothesis” in the way of the minimum risk of the reduced undertakings and “to avoid similar epidemics that it threaten mainly big collectives, they will be gathered a body of a million people”139. This reduced undertaking of which it’s spoken is that of some few houses, or that of an alone one. The theory of the closing makes its center about a taken personal decision to remain in the place until passes the epidemic, like a possibility of diminishing the risks to those that it would be exposed and defenseless people's mass.

d) The infection and the individualizations

The utopia of the -perfectly governed infected city - it would have the power regarding their inhabitants according to DP of naming them, of ordering where each one should be, of recognizing it in good or bad, dangerous, healthy, suspect, of exercising in definitive on them an individual surveillance. The subject's characterizations would be constituted by “individualize discipline” that would inscribe the citizen in a certain total net of obediences. Let us see then if the fight against the pest in London brought therefore some special labeling around the one stunk and how it was the regime of exclusions and practiced differences. Reason why it is necessary to develop two basic points: .the special consideration in this years on the transferability of the pest through the air; and the .no difference among healthy and sick persons understood in the quarantines. The “air” is thought as the mainly means of the transmission of the pest (the “air” like cause), but also of it cure (the “fresh and pure air”). Only being forced too much the terms in that it took place the fight against the epidemic could be related the “air” as an instrument of difference, either because there was not a marked division between healthy and sick as long as “all breathed the same infected air”, or because the air neither made possible the execution of any precise measure around dividing in people's categories, or areas. Defoe that didn't share this explanation of the pest, although if it granted to the “fresh and pure air” reparative qualities, it was horrified as the town based on the belief that the pest had its principle transmission in the air (“unhealthy”) it is “that made a lot of people to get used to the danger, and every time she worried less about him.”140 The pest associated with the bad scents consolidated the belief for which the “air” it would be the suit cause and mean of its transmission. “This moved to everybody to always take in the mouth some compound (…) with the purpose of avoiding the infection due to the encouragement of the other ones, until the point that when entering in a church, when it was full with people, in the same door it was perceived and a

138 Op.cit., p.168.139 Op.cit., p.269. The quote continues with a fire comparison: “The pest is like a great fire that, elsewhere it’s declared it doesn’t find more than some few contiguous houses, it can only devour these few houses; or if one declares in an isolated house, this one will only burn where has begun. But if the fire begins in a village or city in wich the accumulation of houses it will double its violence, it will raze the whole place and cosume all that finds within its reach”.140 Op.cit., p.262; on purpose of our author’s rejection to understand the “air” as the origin of the pest nevertheless it doesn’t stop to attribbute it an important reparative capacity, “the winter it also went coming closer, and the purest, and cold air, we had some strong enough freezes, and as everything went in increase most of those that had fallen sick were recovered, and London began to recover ist habitual health”; op.cit., p.309.

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stranger mixture of scents that was much stronger, although maybe not so healthy that the one that it’s noticed when entering in a drugstore”141. The remission to the “air” it came to articulate two seemingly faced positions: that about pest the sick persons don't contaminate it -but the “air” -, and that not all the healthy individuals were exempt of a late manifestation of the illness. One could argue that in the face of the necessities of the city after so many months of a poor commercial activity their inhabitants were seen in the urgency of thinking the epidemic ona a positive way. Anyway the answer to the origin of the pest would not make possible the exercise of any exclusion type, still keeping in mind that neither it caused some kind of a urban redraw in view to an special oxygenation. On the contrary the allusion to the “air” was an universal rethoric distribution practiced very similar to that medieval that topical around the death, the air neither would recognize differences between the gentleman and the servant; it contributed it to a progressive recapture of the suspected public space. The other point come to make the differentiation possibility (on DP) which it’s rise on a control sistem based on the State knowledge each one individuals, through the control of the pest. Knowledge that would determine who is “healthy”, “sick”, and the quantity of subclases with which you can complete the series. But the own system of closing of the houses had had infected the healthy ones was contained with the members of the family sick persons. Beyond the critics that this use brought with it, and also like it was noticed of its very relative effectiveness, this practice didn't not only differ among those that were inside in quarantine but rather it extended its no-difference to the same personnel of sanity that was supposed capable to give them the high one. “All or most of they died -Defoe coment- not of the supposed pest that it said that they had before, but of the pest that they had contaminated them those that had for mission defending them of the illness”.142

e) Escape, confinement and decision

“For my part, began to think seriously of what will do and in the decision that I should take; that is to say, if I would decide to stay in London or to close my house and to leave.”143 This Defoe’s speculation was not exclusive of him; but however he seems to have been taken the time to write it and its could be read on “ a journal of the plague year” as the process of this decision that he took of staying in a city besieged by the pest when he had more than a comfortable possibility of leaving. Although the author that we have come continuing until here recommends the “escape” with great fervor, this is to escape as soon as the pest is not declared, and he still also finds comprehensive the bribes that the families in quarantine gave to their guardians to escape. The same one opts to stay reckoning the options that were presented in an infected city: the escape, the state quarantine, and decision of staying. This last one as the margin of a halfway possibility of the other ones two would understand a better position before the escape after being declared the pest in the city, it meant an almost sure death of hunger. To escape to the forests was not a very effective solution, the one that escaped from the city didn't go to find a welcome outside very favorable in the face of people's fear. The quarantine was also dangerous since the healthy ones spread to die with the sick persons. This way the decision of staying in the own home showing in Defoe’s Journal like an alternative that it didn't imply a reclusion neither, its walk for the port, and the

141 Op.cit., p.282.142 Op.cit., p.217.143 Op.cit., p.16.

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ascent to the ship of a singular survivor of that place, as the goings to the market, and the encounters in the street, they don't in fact speak of a confinement situation. Pepys other conspicuous exponent of the bourgeoisie remains in the city144; and with the the permanency in the place is also a balance situation between the ends of the confinement and the escape. This permanency raises him a reflection on a changed public space that it rejects that he/she keeps a narrow relationship with the decision of staying: “What sadder thing it is to see the streets without people, and very few people in the Change!. It is terrible that each door that one aim is closed fearing the pest, and of each three stores, two at least they are closed.”145 The decision of being stayed corresponds with a very near representation to the bourgeoisie built in the reflection and in the patience that like it has been come developing it is not able to easily be associateda at the docility formula. Also unexpectedly for those that have quickly attributed to an special will of intimacy and horror to the public manifestations they could find in these famous men of the 18th century another reading, another history of the bourgeoisie in the formation of the urban spaces. With the phenomenon of emergence of the cities in the 15th century a thought that won't cease of wondering for the changes and the problems is born. The bourgeoisie doesn't come to be crowned as the great will of disciplinary practices of separation; “La Celestina” (“The Procuress), for example it doesn't make but being cross-questioned on the confinements in the city, in the chronicle of a half-filled, indirect love, in the shades of its house. Calisto is confined in its room “-Let, let, opens (he will said by his servant) the chamber and it straightens the bed!” To that Calisto reply with confinement “Let then closes the window and leave the gloom to accompany to the sad one, and to the unhappy one the blindness; my sad thoughts are not worthy of light.”146 The confinement of Calisto and the help that he will receive from a stranger, the Celestina will be the tension on which mounts the text in the 15th century the problem of the intimacy, the private life, and the isolation in the cities, and also the suspicion toward the stranger (that it has become in a common place around “let don't allow to enter to anyone to your house”). The texts of Pepys without intending that reflection a curious ambiguity live in the writing between the public space and the private one:

“This morning they finished my dining room; they have adorned it with green serge and brilliant leather, being very beautiful. This morning were hung and quartered Kacker and Axtell, the same thing that the other ones.”147

IV. The panoptismo and the look

In DP the look is integrated to those “disciplines” in the way of an eye-vigilant one; the concept underlined is “disciplinary look”148 as a results to optimize function starting from a police control. Vision that breaks down in an optic analysis: aptitudes, yields, zeal, and for the men’s development of any work. Made this division the look would

144 “The illness has entered in our parish this week, in fact it has entered everywhere”, Samuel Pepys in “Newspapers, selected pages”, Austral colection, 2ª, 1955, p.139.145 Pepys, op.cit., “1665”, 16, p.143.146 “La Celestina”, attributed to Fernando de Rojas, Edit. Planeta, 1980, I,p. 21.147 Pepys, ob.cit., “1659-60”, 19, p.44.148 DP., “The means of the good channels”

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recover a knowledge on how controlling more and better to the subject. But this previous will and divisional involve a strange special time to the development and the uses of the look during the classic time. It´s about the “daily observed”149, and on uninterrupted time of evaluation. In such a way DP formulates: “The perfect disciplinary apparatus would allow to a single look to see everything permanently”150. But what was it, everything understood in the uses of the look during the 17th and 18th centuries?. What the matter of the observation?, which was the concern of that look?, it was the mere external aspect, or was there the intention of being able to enter in the impenetrable understanding of the hearts, just as the reformists of the penal system they did reject.? The look was never deprived in that period of sending a behavior certificate but neither it made it in the terms that DP claims. On the contrary and this the problem that faces the thesis of a “power’s eye” in the exercise of a liberal trial in the look toward the other one. Although again we meet with one of those jumps and ruptures accustomed in Foucault that not to revise them it is necessary to understand an option then in favor of a history of the continuity. Maybe be necessary to return to problematic the trajectory did it by our author. Because the classic look logic doesn't keep a narrow relationship with the institution of a “control machinery”151. Well it would be necessary to reread the optic games of the panoptic according to the uses omitted in DP or it should be on the part of the supporters of this thesis –del vigilant eye - some justification in the transformation of a look of liberal trials to the pure surveillance.

a) The liberal judge of the look

This idea that contrast with one claims in DP it makes its center in those “external ornaments”, in the aspect, the expressions, and the good manners popularized by the civility’s 17th century manuals among them it was La Salle’s. All this kind of things related to the external behavior were the better exponents of the reject to any entrance to the “soul.” The frivolity forms critic it could discover in these uses of the look an hypocritical attitude or a double standard, neglecting however the space of freedom that these same formal requirements made possible at least during the classic time. The sometimes mentioned in DP: Henry Fielding152 (1707-1754), judge and writer, conceived his better known text, “Tom Jones” from the effects of the other ones’s look. On the very common idea that “it is been also what is shown (it looks) to the other ones” the text develops a concern for good people that suffer the trips of not knowing how to show before the other ones as what is been; as well as those ones that lacking virtues would suit them to be shown as such (a virtuoso) among people. That which doesn't necessarily imply a lie relationship but these uses it would corrspond with a consideration and liberality toward the human nature. With this luck of condescension toward the defects of people the work advises to some and other, to virtuous and not so much equally so that they make use of a liberal look.

“Prudence and circumspection are necessary even to the best of the men. They are indeed as it were a guard to Virtue, without which she can never be safe. It is not enough that your designs, nay that your actions, are

149 DP.,“behavior daily watched”, in the chap. “The kindliness of the penaltys”, p.131. 150 DP., “The means of the good channels”, p.178.151 Idem.152 Ob.cit. sometimes appointed in “ The resonance of the torture” chapter, p.65, and 66.

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instrinsically good, you must take care they shall appear so. If your inside be never so beatifoul, you must preserve a fair outside also. This must be constantly looked to, or malice and envy will take care to blacken it so (…) Let this, my young readers, be your constant maxim, That no man can be good enough to enable him to neglect the rules of prudence; nor will Virtue herself look beatiful, unless she be bedecked with the outward ornaments of decency and decorum”153

Those “outward ornaments” they make reference so much to the body disposition as well the dress. In “Gulliver’s travel”, Swift makes a curious argument around the necessity of the men of taking clothes and the uses of the look, already “that was not lacking knowledge that we covered (the men) our bodies and by means of this invention we hid many of our deformities in view of the other ones that otherwise would be unbearable”154. Resolution that doesn't involve a type of loathing or chastity for the bodies, but “that each one could see in the other ones (the own defects) but not in itself.” The classic look is understood basically over three statements that articulate the liberal judge. The first one it would correspond with the individual's behavior looked in “to avoid the scrutiny of the other one”; either in his expressions, either his fisiognomy disposition in agreement to the situation, either the high taste, etc.The second on the other hand is related with the control that makes the looked subject of its own external behavior and that it doesn't necessarily imply an endogenous change155. Possibly in our time this is understood as “frivolity”, “hypocrisy”, “double standard”, etc. But all of these moden categorizations are very far from the courtesies and the subject's movements in society (looked in society) of an eventual strategy to conspire against his freedom. It is worth to make in this respect some explanations, it is not an obsessive behavior it would be an anachronism to understand the uses of the classic look starting from a delirium of the individuals' persecution. Because the exercise of this practices belonged to minima demands starting the wich it wasn’t necessary anybody launched over the other heart, the other soul, so on neither knouledge of this kind it seems necessary and possible. The denominated urbanity, or the civility manuals as the one mentioned of La Salle, and the exercises of the courtesy rather are related with the list of some requirements that don't look for the subjetc's adhesion neither his docility less his total obedience. But the application toward some formalities of a kind coexistence that if it is not it from the same center of “the hearts” at least should seem it for the charity of not inconveniencing to the other one, not to express hurtful opinions although true, not to bring to the memory old faults, etc. they would be examples of this look. The third statement is found it in Gracián’s “Manual Oracle”156 as a rule and advice for which who has lynx eyes to scrutinize the thought, the sepia ink is used to hide the own intimacy. Commenting this passage Bodei explains that the lynx taken as figure of the sharpness and of the knowledge able to penetrate the appearances. The sepia on the contrary interprets a meaning of concealments, stratagems and a “willingness to encode” just as the author of the Oracle it heads its advice, the “encode” it is to hide in the mystery of the subject’s pleats.

153 Henry Fielding, “The history of Tom Jones, a foundling”, The Penguin English Libray, 1966, Book three, chapter 7, p.141 to 142. 154 Jonathan Swift, “The Gulliver travels”, Losada, 1999, Part. IV, chap. VII, p.375.155 Remo Bodei, “Geometry of passions, fears, hope, happiness: philosophy and politic use”, Fondo de cultura económica, México, 1995, p.142, 143.156 Bodeir, ob.cit., p.143.

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In this open distance between the lynx and the sepia are worth the courtesy and the forms adopted in view of the other one as a game and it’s not feasible like Foucault claims in DP that it would be possible a knowledge formation peeked in that tension. The appointment of Gracián deserves to be kept in mind in all its extension: “To encode the will. They are the passions the wickets of the spirits. The more practical to know consist on hiding, it takes risk of losing the one that plays to game overdraft. Compete the detention of the discreet one with the attention of the one noticed: to lynxes of the speech, cuttlefishes (sepia) of the interiority.”

b) See the represented

When trying on the penalty effects it was quoted the DP thesis about the “representation technology” by the Classic School, that would have as axis in the quick association of the idea of a certain penalty for each crime. Of this association the fear that would paralyze automatically the action of the potential illicit as a state agent would arise. It is of more to repeat the critic that deserves that DP place, but it is worth to remember it as soon as that the “representation” it was during the 17th and 18th centuries one of the more used and consented concepts. For what concerns to the interest of this work the “representation” receives a special attention as soon as optic machine, as soon as relationship among a present image (seen) and an absent object (not seen). It is then difficult to deny its importance to understand the uses of the look during this period. The phenomenon in no way escaped to the interest of the reflections of its time. Let note the Pascal critic and ironical reading over the representation and the (economie of the) look, in the other hand the one of Fielding already mentioned, who will answer to that (doing a dialogue with their texts) pointed on the liberals practices of the look.Both to refer to the topic assume previously on the representation its mistery character of a strange resource that achieves powerful effects in view of the men. Pascal begins this way a well-known passage of his “Thoughts”: “Our magistrates met that mystery very well, their red suits, their ermines, of those that wrap up in lined cats, the palaces where they judge, the lis flowers, that whole august apparatus is very necessary; and if the medical doesn’t has had soutanes and mules, and the doctors has not had square caps and wide robes of four sides, they had never been able to deceive to the world”157. As Chartier it points out explaining this passage we should conclude the representation for Pascal it is a “machine of manufacturing respect and submission”158. The axis of this idea is given in that the things are not truly that we are offered before the look, and this would be bad unless for a question of unavoidable pragmatic so that the things at least remain, “If them (the magistrates, Pascal says) they possessed the true justice and if the doctors had the true art of curing, they would not have to make square caps; the majestuosidad of these sciences would be quite venerable in itself. But when only having imaginary sciences, it is necessary that they adopt those vain instruments that hit the imagination; and this way, indeed they get the respect.” The “necessity” and the “lack imagination” associated to the representation and their practices don't seem but complaining of the absence of a “absolute justice” of a “perfect art of curing”, if this at least is not possible it recognizes a quite demanding writing it is even from a rhetorical lamentation.

157 Quoted by Roger Chartier in “The world as representation”, Editorial Gedisa, 1996 (Madrid), I. Debates and interpretations, 2, p.59.158 Chartier, ob.cit.

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For his side Fielding begins explaining the phenomenon of the representation like a characteristic resource of the artists ingenious by wich they hope the auditory doesn't get bored, neither be devoted to “take beer” to tolerate the work. For Fielding he tells it, in the margins of their novel “Tom Jones” “we (the artist, the writers) have taken every occasion of interpersing through the whole sundry similes, descritions, and other kind of poetical embellishments. These are, indeed, designed to supply the place of the said ale, and to refresh the mind, whenever those slumbers wich in a long work are apt to invade the reader as well as the writer, shall begin to creep upon him.”159

The resource in that the author insists to maintain expectant to the auditory it consists on their preparation, in an anticipation: the “aforesaid kettle drums” to receive to the main character, or the “large troop of half a dozen scene-shifters” in announcing a new scene.“To be plain, I much question whether the politician, who hath generally a good nose, hath not scented otu somewhat of the utility of this practice. I am convinced that awful magistrate my Lord Mayor contracts a good deal of that reverence wich attends him through the year, by the several pageants, which precede his pomp. Nay, I must confess, that even I myself, who am no remarkably liable to be captivated with show, have yielded not a little to the impressions of much preceding state. When I have seen a man strutting in a procession, after others whose business hath been only to walk before him, I have conceived a higher notion of his dignity, than I have felt on seeing him in a common situation.”160 The politician also takes ahead a certain “role” and in his representations he can sometimes do a villainous or an hero. This way Fielding thinks of series of representations, not in an only work that it labels the individual, it takes relevance and necessity the change of those roles. Among this idea (the visual usus between the World and the Stage) the writer in first person comment us “A single bad act no more constitutes a villain in life, than a single bad part on the stage (...) Upon the whole, then, the man of candour and of true understanding is never hasty to condemn. He can censure an imperfection, or even a vice, without rage against the guilty party. In a word, they are the same folly, the same childishness, the same ill-breeding, and the same ill-nature, whic raise al the clamours and uproars both in life and on the stage”161. This way the observed subject by the classic look encode his behavior in the representation series contained in those plaits of his perfomances (courtesy, politness, dressed, &c. In this mark of conditions it is little consistent the eye-vigilant’s thesis. the

c) The spy and the law

“Are the spies necessary in monarchy? -Montesquieu wonders and keep on think on this-. Being served by them it is not a regularity practice for good princes. When a man is faithful to the laws it satisfies his duties towards the prince. It is necessary that he has own house at least for asylum and the rest of his assured behavior enterely assured. (…) A prince should act with his citizens with spontaneity, frankness and trust. That that has so many restlessness, suspicions and fears is an actor unable to interpret his role (…) If he see that the laws are fulfilled, it can be considered sure”162. With the beginning question it prepares a net of trusts, that of the administrating sovereign and receiver of the freedoms given him, that the men who left nature state given the other

159 Fielding, ob.ci., Book IV, chap. I, p.151.160 Fielding, ob.cit., Book IV, chap. I, p.152 to 153.161 Fielding, ob.cit., Book VII, chap. I, p.302.162 Montesquieu, “The spirit of the laws”, ob.cit. Book XII, chap.XXIII, p.149.

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ones into the society life, and to that one. The law in consequence will rise as the monument of a security but not in the way of docility. The same one also makes a comment in relation to the practices of those anonymous accusation letters, with an image of the past that applies to the regime of his time. “The Tartars are forced to put their name in their arrows so that it is known for who is proceeded. Filipo of Macedonia was wounded in the city siegue, he could read these words written in the dart that hurt him: Aster has delivered this mortal blow to Filipo.”163 With it those that have some accusation Montesquieu explain they won't make it before the prince but going to the magistrates, because the legality rises as guarantee and the limit before the sovereign's vigilant eye.

d) Final demarcations on the classic look

Lastly it is necessary to remember that the eighteenth reformists of the penal system conceived the concept of “damage”, as an eminently verifiable fact with the look that “it is presented at first sight of any medium understanding.”164 Diderot extremely fond of for the vision kindness ended up sustaining -though later it finds moderate its opinion- that the idealistic philosophy for the degree of its abstraction, and noted this pejoratively, was not but of those that “not having conscience more than of its existence and of the sensations that experience inside themselves, they don't admit another thing: it is an extravagant system, and I find it that only to blind men I could should them its birth: system that, for shame of the human spirit and of the philosophy, it is the most difficult of combatting being the most absurd of all.”165 Also it could be object of critic the same historicity finally of the disciplinary look and its secret discovery in the old military practice camp before the 18th century writting. “The camp -it’s read in DP- it is the diagram of a power that it acts for the effect of a general visibility”166. In the IV century before J.C., Palámedes defends of the betrayal accusation made by Ulises since “The life under the weapons in a camp, reflects to full light, and in it we all see what happens and we all are observed by all. And for it would have been absolutely it me and under all impossible aspect to make that of what I am accused.”167

Foucault and Bentham: the problem of the utility

Bentham is remembered in DP like the father of the modern prison is also for a strange coincidence one of the founders but the struggled writer in the called school utilitarist. His ideas on the utility and the design of the prison maintain a relationship little looked for beyond the common places that DP also highlights, “the prison for the society utility”, “penalty utilities”, etc. Foucault, occupied in an reinterpret exercise to adapt some Marx’s ideas to the thesis of the bourgeoisie dedicated to the control jumping the Bentham’s texts on the useful notion. DP makes this way in front of the idea of “useful” like part of the “docility”, and the “useful man” it is mentioned in the terms of

163 Montesquieu, ob.cit., chap. XXIV, p.150.164 Beccaria, ob.cit., chap.8165 Diderot, “Letter about the blinds”, Garnier Hermanos, 1897, p.72.166 DP, ob.cit., p.176.167 Gorgias “In defence of Palamedes”, Aguilar, 1980, p.96.

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“docile body” “that can be subjected, that can be used”168. This way we would find a technique, itself useful, in achieving the individual's training169; and the student's own utility, of the soldier, of the worker in the factory. It is not to reread Bentham from author's perspective, neither of diving in his intentions. But of making be worth an omitted problem: the possibilities of a certain discourse around the useful as principle, of which is difficult to derive a “the man's use”, not even of a treatment of this as “useful”, or the association between production and control in the utilities looked for by the society. Such a man difficulty is distributed basically in: 1.the tearing of the reference 170; and 2.the omissions. The first point commits the attributions that Bentham grants to the “useful”, defining it as “happiness”, as the “joy”, or the benefit of a growing quantity of individuals. “The word “utility” it doesn't point out so clearly in address to the ideas of pleasure and pain like they make it the words “happiness” and “happiness”, neither it drives us to the consideration of the number of interested affected”171. These new dispersed qualities with which the author names the useful are ordered in the principle of utility. In this later it is found it the whole reflection on the useful that Foucault omit and not even in the spekable registration toward ends of the Cassic Age takes into account, however the principle it marks a rupture with the notions and previous conformities. The “useful” as a principle begin “ approves or of disaprove any action”172. Could asking which the elements of this judge are begin? which the values of a justification before those of the conformity in the uses?. According to continuous Bentham in the formulation of the rule that spreads to contribute with the happiness, and for the biggest number. Doesn't it overcome with it to the useful, there, for something, to be used?.

“the principle of utility, is a principle –write Bentham - to be guided in all the cases.”173

Heidegger calls the “so that” of something its “reference”; the “principle” also has its “so that” but limited to itself and the work, -result- without any “references”. The same action is still positioned previously to the “principle”174. First the subject would think in the terms of to approve or to disapprove as it diminishes or increase the happiness of the community, this last understood in a sum of individuals, and then it would execute that proposed. Obviating the net of the senses that it makes possible that result. Before it makes in front of the subject his result it do it the reference plexo of useful that take it somehow to this last “for that”. Describing a circuit in that each thing receives an utility so much in reference to other (the seat is “for” the room) or as referred (the house is “for” the man). But the judicative relationship that Bentham attributes to the principle, and the modalities of its notions: “for the happiness”, or “for the joy” (of the biggest number) as approaches of selection actions it’s eminently abstract. In a trajectory that opposes useful as the principles’ field over the “useful there” to the hand; that it doesn't suggest an intrinsic utility of the things. On the contrary Bentham for utility “understands the property of any object for

168 DP, ob.cit., “the docile bodies” p.140.169 Dp, ob.cit., “the panoptism”, p.233, “useful effects” of the disciplines.170 Heidegger, “Being and time”, Editorial Planeta-De agostini, 1992, First section, chap.III, A.15, p.82, 97.171 Bentham, “Introduction to the moral and legislation principles”, ob.cit., p.46.172 Idem.173 ob.cit.p.49174 ob.cit.p.47.

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which spreads to produce benefit, advantage, pleasure, well or happiness”175. This reflection doesn't think the man's use or an utility like base of control mechanisms; it is other the problem with the “principle of utility”: the tearing of the reference. Did Bentham believe that something like that as him “useful” was it possible, or you acting as a great sceptic, and mocking in what he wrote on the “utilitarianism?. The second point in the way of problems of the useful is a warning about the absences in the understanding of the useful in Bentham, the “principle of utility” judicative function has been already mentioned. It is not a critic toward this characteristic but its lacks, of that keeping out without possibility of enriching the context on which it will decide that something is useful. Although the principle it begins recognizing a subjection to the nature (to the quite abstract: pleasure and pain) the reference, the meaning that it keeps this last one in relation to the man decreases to his “health” with a bigger inference it could also make sure his “physical integrity” but there the word is finished and the whole possibilities. For example in the practice of a new pleasure, Bentham proposes to the critic that keeps in mind if “it is in some harmful for the health, in such a way that the pain that it cause (to the senses) overcomes sooner or later to the pleasure itself. If this opinion really contained something true in the same proportion it would convert in rational the objection against its use”176. Pain and pleasure are not part of a sensualist theory but rather they are the nature that embrace (a quite abstract concept to guide thoses ones) the subject, but faced his own life it’s exist the so far away principle who has the finaliy to see for the rather closer physical integrity, and beside in mark this enormous distant it can be said that nothing else mind making impossibilities with long ways as soon as the perspertives raised rather narrow. Plus behind the place of these elements was explained in the practice of the penalty calculate but it is not the same thing to contrast utilities or interests in relation to the pain upon the law (suffer the penalty) that its application to the “utility.” Finally the principle repairs in the “uselessness”, not only making doubtful the existence the useful notion in the distant horizon of a principle, but rather the useless will also find in Bentham its remote place in those “principles contrary to that of utility.”177 The “uselessness” it remits in the author to the lost happiness “approving actions as long as they spread to diminish its happiness and disapproving actions as long as they spread to increase it.”178 To this dispute of principles it seems to be strange the discovery of the useless perhaps because it’s omit the meaning and practice in the way on “be using”179 where the unless it appears as a “trip”180. The uselessness shows that “this is not for that” it breaks the reference plexo, it is not “for”, there’s no “refers.” It could be objected that the “principle of utility” it is “for” the happiness, like just was

175 Ob.cit., p.46.176 Bentham, ob.cit., “Deontology” II, practice, introduction, p.106.177 ob.cit. II On the principles contrary to the utility”, p.49.178 Idem.179 Heidegger, ob.cit, First section, chap.III, 16, p.86.180 In that be walking with the useful and discovering the uselessness Heidegger mentioned one first step of sorprising the unusable, then when it’s noticed about the lacks of the thing it would be faced its impertinent (an automobile without gasoline in the means of an inhospitable place is “impertinent” in the language of Heidegger that we come mentioning); and the third modality that is discovered in the uselessness in that that is shown in flunk that doesn't urge and it makes patent, in a “insistence” the achievement that is looked for.

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already advanced but this “for” travels from any place toward the principle, it is not referred, it is not to the hand, it is not in the world.

“That the essence of the wisdom it doesn't rest in knowing with width The things that far away it remains

Of our use, dark and subtle, But those that are within our reach

In the daily course of the life; Everything the rest is smoke, emptiness Or fatuous blunder, and it converts us

In unskillful and unaware For that that more it interests us

And it induces us to a constant it looks for.”181

VI. Conclusion

The schools been founded by Calasanz and La Salle among final of the 16th century and the 17th one, arise starting from a discourse of adaptability to the student. This modality or practice of teaching have the capacities spacely in classes and degrees, it doesn't stop to dominate or to scheme a knowledge for a better control, future, of the student but to build an effectiveness in the reception of the message that also includes the teacher. Those “divisions” they don't understand a “separation” of the individual to dominate him on the contrary separate it of the outrages of a concentrated power in which teaches, this way the functions of the school body find specified, one will be for example the one in charge of verifying the attendance task of which the teacher won't be in charge of, of where it is inferred that when neither not taking these registrations they are to his reach data that could be good him to build, the, his student's tipología, a prejudice, or a negative attitude for reasons unaware to his task. “Divisions” that like it was explained they have their first reason in certain prohibition (avoiding a suspected power practice) on the teacher-priest of administering to the students the reconciliation sacrament. Another point so important as the school turns out to be for Foucault, the “details”: element of a formula to make humans docile according to its application like technique of surveillance (on the detail, on each movement). But the detail doesn't come to be imposed in these terms during the classic time, either that it was appealed in the speeches like relief in the practice of the small action, the expression drawer of big demands, either in the preference legislativa of the reformists for the “small crime” and a will of the mounted pain on the adult, either as something without too much importance and easy. The thesis of Foucault besides marking some origins of the jail in the school and in the surveillance derived in the importance of the detail is interested in making see to the prisonl like “humans' factory.” But this idea finds multiple difficulties, among them, the non consideration still during the classic time of an universal definition on “human”, have more than enough as naming of way unívoca and total to the man. Absence rather showed on the reformist text, still in Bentham’s will build a liberal doctrine of the penalties. The “economy” of the crime that exposes this school (“classic school”) it can or not certainly to be won our sympathies by its omissions but it is more than difficult to accuse her of “repressive”; the preference of the smallest crime in the individual's head like induction objective looked for by the effects of the pain is not read like a

181 John Milton “Lost paradise”, Altaya, 1995, Book VIII, verses 190 to 200; p.332.

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search of the crime to punish it Similar statement leaves expressed a not very adjusted understanding of basic elements among the reformists as the “damage” for example, or the indifference of the norm in the face of the subjectivities that make the crime like an irrelevant fact. It has made an appointment in this work the experience of the government control of the pest like a practice that it is not as organized as it seeks Foucault and some current commentators. It is more than easy to attribute, and to build a thesis “repressive” about the readiness of the institutional authorities in moments of pest. But like it has been shown this it was not the case of the pest in no way in London in the 17th century. The look, their uses, and judeges during the classic time have a signal importance if we remember that the Bentham’s panoptic is based on optic uses, but the problem that the work of whose rereading has taken charge this work at least as the beginning of such a task doesn't keep in mind that the practice of seeing to the other one found in its exercise the form of a liberality on the looked subject and it superseded him with the execution of a basic protocol to avoid prejudices, negative ways, not very favorable comments, etc.. Finally it has not been sought to name a difficulty in the discourse of Bentham on the utility and their relationship commented by Foucault in relation to the design of the prison if it is that this it will be good that is to say to make docile to the men “useful.” The author stays on the other hand in a revision of marxist concepts and in his readaptation to ignore the contrast with the “principle of utility” of the panoptic creator.

.

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