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引用次数: 0
摘要
与中世纪和现代有关的超个人司法制度的思想在米歇尔·福柯的作品中得到了最充分的发展,然而,他的计算依赖于英国哲学家、社会学家和律师杰里米·边沁的思想。这些观点在边沁著名的专著《监狱管理所》(Panopticon, or Supervisory House)中得到了反映。这篇专著写于1786年至1787年,以书信的形式写成,并于1791年出版。本文追溯了“全景主义”理论对各国监狱制度的影响,对监狱建筑的发展的影响,以及对许多同样基于“全视之眼”思想的反乌托邦的影响。然而,主要关注的是边沁本人可以依赖的权威来源问题。这篇文章的作者得出结论,其中一个原因可能是16 - 17世纪存在的英国司法系统本身。近代早期的法官非常熟悉“观察”的程序(即“全景”学说的基本原则):它在实践中被广泛应用,主要是在这个时期发生在英国的女巫审判中,并在各种法律资料中有所描述。尽管在“Panopticon”中没有直接提到这些文本,但这一概念的独创性以及非常具体的词汇的使用表明,根据文章的作者,杰里米·边沁可以直接依靠英语在法律诉讼领域的经验。
JEREMY BENTHAM’S “PANOPTICON” AND ITS POSSIBLE ORIGINS
The idea of a transpersonal judicial system in relation to the Middle Ages and Modern times was most fully developed in the works of Michel Foucault, who, nevertheless, relied in his calculations on the ideas of the English philosopher, sociologist and lawyer Jeremy Bentham. These ideas found their reflection in the famous Bentham’s treatise “Panopticon, or Supervisory House”, written in 1786–1787 in the form of letters and published with additions in 1791. The article traces the influence that the theory of “panopticism” had on the penitentiary systems of various countries, on the development of prison architecture, as well as on numerous dystopias which were also based on the idea of the “all-seeing eye”. However, the main attention is paid to the problem of authoritative sources which Jeremy Bentham himself could rely on. The author of the article comes to the conclusion that one of them could have been the English judicial system itself in the form in which it existed in the 16th–17th centuries. The judges of the early Modern times were perfectly familiar with the procedure of “watching” (i. e. the basic principle of the “panopticism” doctrine): it was widely applied in practice, primarily in the witch trials that took place in the English Kingdom in this time, and was described in various legal sources. Despite the fact that there are no direct references to these texts in the “Panopticon”, the very originality of this concept, as well as the use of very specific vocabulary, indicates, according to the author of the article, that Jeremy Bentham could rely directly on English experience in the field of legal proceedings.
期刊介绍:
The Institute of History and Archaeology of the Ural Branch of RAS introduces the “Ural Historical Journal” — a quarterly magazine. Every issue contains publications on the central conceptual topic (e.g. “literary tradition”, “phenomenon of colonization”, “concept of Eurasianism”), a specific historical or regional topic, a discussion forum, information about academic publications, conferences and field research, jubilees and other important events in the life of the historians’ guild. All papers to be published in the Journal are subject to expert reviews. The editorial staff of the Journal invites research, members of academic community and educational institutions to cooperation as authors of the articles and information messages, as well as readers and subscribers to the magazine.