It was because the pressure on popular illegalities had become, at the period of the Revolution, then under the Empire, and finally throughout the nineteenth century, an essential imperative, that reform was able to pass from the project stage to that of an institution and set of practices. The ‘man’ that must be respected in the sentence was the juridical and moral form given to this double delimitation.īut, although it is true that reform, as a penal theory and as a strategy of the power to punish, took shape at the point of coincidence of these two objectives, its stability in the future was due to the fact that, for a long time, priority was given to the second. Humanity in the sentences was the rule given to a system of punishment that must fix their limits on both. It is understandable that the criticism of the public execution should have assumed such importance in penal reform: for it was the form in which, in the most visible way, the unlimited power of the sovereign and the ever-active illegality of the people came together.
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