
AGAINST PRISONS
We are living in a cynical
time, when things have become simplified as far as prisons are concerned. The
days when we could imagine that convicts would "become better" are
over. No one dares to adopt this discourse, and even the stupidest penologists
and the journalists who echo such nonsense recognize that even if the learning
forced upon a few very rare prisoners gives them the means to better express
their desires, how much more beneficial it would be if it was given to the same
exceptional cases outside prison.
Today it can be said aloud
that dungeons are dungeons, cages are cages, and that nothing can be done about
those who are locked in, since the main thing is not to do them good but that
offenders be banished inside the national borders. They are purely and simply
suppressed. This is why short prison sentences appear inept and totally
meaningless.
Long prison sentences, on
the contrary, correspond perfectly to a collective desire to murder. We
eliminate bothersome people, like any crook would. If the death penalty has
disappeared in some countries, it was because it was too exceptional. It was
not that death itself seemed indecent, but all the fuss that was made about it.
Even those who call themselves revolutionaries always calmly imagine death for
the enemies of their freedom; from the army general to the terrorist, through
the perpetrator of a hold-up and the policeman, everyone agrees with the saying
"You can't make an omelet without breaking eggs."
The death of those who
prevent us from living has never bothered anyone, provided people don't make a
fuss about it. If the citizens of Philadelphia expressed their discontent in
May 1985, it was not because the police dropped an incendiary bomb on a house
full of people whom the neighbors had denounced for living too squalidly, but
because in doing so, they destroyed part of the neighborhood.
So prison is the ideal kind
of death, because it eliminates en masse those
whom society could only physically kill in very small numbers. It economizes
emotion.
However there is an enormous
problem, a fundamental problem that makes this eliminatory system inadequate
for modern society. Apart from those who commit suicide (who therefore take
"the law" into their own hands), the rest, in most countries,
eventually get out of jail.
This is not the place to
analyze how we have arrived at this aberration, but prison only misses its
vocation by a hair's breadth: the death it dispenses only lasts a few years or
decades. Prison confinement seldom takes its logic to its conclusion, if only
because society must recognize a scale of prison sentences that corresponds to
its own scale of values. In emotional terms, crime has a monetary value:
cheating on your wife is not punishable by law, whereas cheating your business
partner makes you liable to be brought to trial; "self-defence" is
"legitimate" when policemen confront thieves, but not the other way
around; killing in order to steal is more serious than killing out of anger;
after all, you would be sentenced to a longer term for stealing twenty million
dollars than for stealing one million. These are all common examples of the
commercial value that judges attribute to offences.
So prisoners get out.
Imprisonment will, at the very least, have got them "riled up". No
sensible person could stand the thought of living with people who have been
deliberately driven to anguish and made violent and enraged. So not only does
prison not protect "decent people" from criminals, it daily releases
delinquents who are labelled and provoked as such into unimprisoned society. It
is absolutely mistaken to think that prisons make anyone feel secure. The
well-being in a few people's minds that sometimes results from the existence of
prisons does not correspond to a desire for security at all, but of one for
vengeance. What they want is not prison but punishment, and this is why they
are not at all opposed to prison abolition as long as prisons are replaced by
"something better".
Public opinion does not
exist; it simply hides the pressure groups that the media echo: thus, little by
little, the viewpoint of a few administrators is taken up in the media to the
effect that prison is useless, and above all that it is out of date: it is not
a good investment. During the riots of May 1985 in France, newspapers that were
considered the most reactionary asked the question which is itself the subject
of this Congress, and which the Parisien Libere, for example, placed on the
front page in big print: "It is true that prison is useless, but what should
it be replaced with?"
Thus, prison abolition
follows the trend of history. There is no doubt that questioning the merits of
prison has been widespread during the last ten years, not just among
"specialists" (criminologists, sociologists, educators and psychologists),
but 1 also among their usual outlets (journalists and politicians).
It is important to be aware
that this Congress is modern. We are apparently slowly reaching a stage where
prison will be eliminated in 80% of all cases, for which alternative measures
are being sought. For the remaining 20% considered dangerous, the eliminatory
aspect is strengthened, either by inventing "nontraumatic" death
penalties (death by injection), or by actually imprisoning delinquents for
life, or by classifying them as mentally ill people who either can or cannot be
returned to society cured and calmed down. The agreement that is being reached
regarding the need to begin the abolition of prisons with that of short prison
sentences takes little notice of this affirmation's immediate corollary, which
consists of imprisoning the remaining 20% (or 30% or 3%; one can imagine the
kind of bargaining the figures will be the subject of) under the heading of
"dangerous". As scapegoats and symbols these people would be the playthings
of a sinister mise en scene that
would be even more hate-filled than today's. One cannot consider freeing minor
offenders without implying that offenders that are considered serious must not
be freed.
When there is talk of
reducing prison terms, once again it is to "soften the punishment",
to make the prison sentence "more bearable". But we should question
the absurdity of wanting to reduce the suffering that is inflicted precisely by
the justice system.
Reformists, whether they are
animated by mere profitability or by so-called humanitarian reasons, have in
common their modem outlook. It is reformism that allows prisons to endure.
Today, making prisons "more liveable" means making them better
adapted. Not better adapted to people, however, but better adapted to our
times. Modernization of punishment can only be carried out because charitable
souls and enlightened minds take the time to think of a modem way of punishing.
Whence the idea that an
alternative to imprisonment must be found.
AGAINST JUDGEMENT
Others, we hope, will
critique the system of fines or "freely accepted" forced labor.
We shall limit ourselves to
observing that such punishments are as old as the hills, and that their modem
aspect is only due to their cynical nature.
Alternative solutions, not
to punishment but to judgment, seem more interesting.
It has been said of
"negotiations" between the victims and perpetrators of misdemeanor
offences that they are to prison what diplomacy is to war.
As abolitionists, we are
aware that, if prisons are to be suppressed, there must be a wish to avoid any
judicial apparatus or sanctions. We also acknowledge that it is as desirable to
look for conciliation from the victim as from the offender.
Nevertheless, we are not
sure whether either the offender or the victim will want a friendly
arrangement. Indeed, the nonoffender, a priori, does not expect to begin
"conciliation" to find an arrangement that enables him to accept
social rules. Will the offender, who does not accept the whole game, be willing
to come to terms and collaborate with or fraternize with the enemy? (We are
obviously not talking about the victim here, but the whole social apparatus of
support for the victim).
Therefore we are posing the
question of this system and the systemization of this conciliation. Who would
be the conciliators? Reconciliation professionals? Psychologists? Volunteers?
What interests will they defend?
We reject any kind of
confinement. The hyper-policed life we are offered, in which people arrogate
the right to understand what caused us to act, bears too much resemblance to
the confinement of social control as it already exists in certain monstrously
over-developed countries. Social workers, psychologists and doctors who think
it is their duty to mend the holes in the fabric of the community do so not out
of a wish to preserve their own happiness, but for the survival of systems for
which they wish to be the maintenance teams.
On the other hand, we can
quite accept and hope that every person might count on people who would
associate with him to help him resolve a conflict situation, provided this help
be punctual, unique and individualized, and this is why we mistrust all
conciliation procedures, which would just be a further institutionalization of
relationships. For we all especially suffer from not being able to create
relationships that are not immediately reduced to social machinery.
Conflicts are not handled by
those who experience them but through so-called "objective" legal
procedures, which in reality make objects out of all of us.
We do not need to vent our
indignation or judgments on society. Clearly, some actions or behavior upset
and scandalize us, but we do not consider ourselves "rewarded for our
troubles" by the creation of a machine that is no more interested in what
is particular about my opinion than what is particular about the perpetrator's
opinion of his action. Justice is done in our name, that is, in place of us.
But if my place can be taken I no longer exist. The problem of Justice can never
be brought up without looking each person's uniqueness in the face: murderer,
victim or judge, no one can put himself in another's place.
The question "What is
to be done with criminals?" is the very type of question that turns
"criminals" into abstract beings separated from their own being;
alleged criminals are only a tiny part of themselves: they are not individuals,
that is, "people who cannot be divided without being destroyed".
The above question, which
seems to fascinate crowds so much, must be completely reconsidered. It is not a
matter of knowing what an abstract social entity can do to another abstract
social entity, but to see what each person (myself, yourself) should do when
faced with someone who attacks him (myself, yourself). The only worthwhile
question is knowing how I myself can be neither a criminal nor a victim.
By far the worst danger
lying in wait for us is the total loss of our uniqueness. As abolitionists, we
want to repeat that we are against imprisonment, against all prison systems,
because there is a monstrous fraud involved. In the name of all and of each one
of us we are judged innocent or guilty, our actions are swallowed into the
social and everything we are is only taken into account after this digestion,
where we are no longer ourselves but an undefined element of the only possible
whole, the "social body"; each person is sent back to his assigned
place as a functional member: murderer, journalist, woman, bandit, child,
etc....
"What is to be done
with criminals?" is a criminal question, a question that perpetuates the
trap we want to avoid falling into, the trap that consists of perpetually
negating the individual. If a terrorist who had just placed a bomb in this room
was discovered here right now, we all might ask ourselves, "What will we
do, he and I?," but already the sentence "What will we do to each
other?" would seem shocking.
So how should we act in an
emergency to escape death? The one a bomber intended for me, but also the one I
would be condemned to by any vision that would make an interchangeable unit out
of me, one that would kill me as an individual?
We are not saying that this
society is poorly fashioned and that after the revolution things will be
better. Thus, revolutionaries who ask themselves how the problem of delinquency
could be approached in a future society continue to suppose as an
unquestionable fact that there must be a system to regulate relationships, to
allow their social machine to function. This judicial system actually exists
today, and putting red, green, or black judges in the place of white ones can
be of no interest to abolitionists.
The idea that in an
intelligent economy, technical progress could bring about such satisfaction
that no one would want to oppose such a golden age is outdated. Moreover, it is
clear that anarchists can no longer advocate banishment without being absurdly
hypocritical, since no society can imagine including anti-social people without
wanting to socialize them in one way or another.
To the question, "What
is to be done with those whom society will not be able to recuperate, and whom
it therefore considers the lowest kind of garbage?", we think there is
only one solution: to stop wanting to socialize people. What should torture be
replaced with? What should prisons be replaced with? What should trials be
replaced with? With nothing. These three questions remain interchangeable,
because all of them assume that what does not bend must be broken. We
completely refuse to ask ourselves, "How shall we break people?" The
opposite of this, which we make our own, consists of asking ourselves,
"How shall people not bend?" In this respect, delinquency concerns
us. It interests us in that it expresses something irrecuperable, not in its
forms, which nearly always bear the imprint of the most appalling normal social
relations (sexism, violence, leader worship, money worship, etc....).
As abolitionists, we have other
ambitions than maintaining social systems of any type. We do not want
isolation; this goes without saying, otherwise what would we be doing here? We
want to think with others about ways of living with others outside pre-existing
systems. It is the community that secretes isolation. In any cogent notion of
community - we must repeat this - each person appears to be no more than an
infinitesimal part of the only complete being: the community. Man, then, always
lacks others instead of freely, in his uniqueness, desiring others. We believe
that each individual constitutes a whole. His desire to meet other
"wholes" just expresses his freedom, not a kind of gregarious
determinism. The abolitionist movement is not a militant movement; we have no
cause to defend, the prisoners' any more than other ones. We are struggling
neither for them nor even with them, but for ourselves. We are neither
humanists nor leftists; we don't want to work for more humane prisons. Prison
is only our affair - and even then! - is just a part of our affair when we are
imprisoned. Some abolitionists are imprisoned today, but each person, wherever
he is, struggles against his confinement and against a social organization that
can only logically lead to punishment and elimination. From this it follows
that we are not "outside contacts" who, for example, would serve the
prisoners by circulating information. Today, prisoners or not, we simply want
our individual freedom. If I were in the prisoners' place, perhaps I would
fight for improved prison conditions, but I am here, outside jail for the time
being, and I speak from the outside. (When I say "we", then, I know that
only abolitionist prisoners and non-prisoners, that is, a very small number of
individuals, recognize themselves in this "we"). We cannot bear being
locked up, in prison or elsewhere. We cannot bear being deprived of freedom.
For us on the outside, prison is no ordinary threat: it is what harms us, not
just because it is the symbol of all of our confinements, but also because it
is the real conclusion of an unbearable logic of normalization.
Individuals are judged not
in conformity (guilty) or in conformity (innocent), but in any case, judged. We
say that if we agree to be assessed, we deprive ourselves of our judgment, our
thoughts, our being. The tragic division between the innocent and the guilty,
those in conformity with the system or not, destroys all of us. Anything that
reinforces this gap is antagonistic to us; this is why we cannot feel concerned
by reformist struggles that aim to make prisons less painful. For us,
abolitionists inside and abolitionists outside, it is the very idea of prison and
trials that suffocates us. We know there are prisoners who are trying to
arrange society- in such a way that its punishments are acceptable. They are
our enemies, as are all those who are determined to restrain us in a life that
we cannot make our own. Prison is an ideal angle from which to attack our own
individual confinement. We recognize ourselves in prisoners' refusal precisely
when they revolt against confinement. Because we are outside we know that we
are imprisoned inside walls of constraint. But we cannot take up on our behalf
any revolt that intends to reproduce social relations in prison that might
still be missing, for, contrary to a widespread idea prison socializes
prisoners as much as it can (respect for hierarchies, authorized kinds of leisure
activity, blackmail at work, privation and privatization of inter-individual
relationships, etc...). Prison is not a disease of our society at all; there is
nothing monstrous about it: it is the height of society, the height of all
societies, of all community organization of social relations. The media, the
police, the justice system, but also education, morality and culture -
everything aims to maintain the cohesiveness of the whole by force. Prison
punishment is necessary for order and order is necessary for society. We could
never imagine a society without order, and order without prison punishment. We
have all internalized this so well - reinforcing the bars and guillotines in
our minds to the point of going mad with anguish because of it - that the State
keeps us under its thumb quite "naturally," because we are, in
reality, "irresponsible". But the State is only a machine serving
something more terrifying than itself: behind the State there is a will, a
human will. Man is there with his laws. Down with Man.
We are men who are in revolt
against Man. That animal is a social animal. Are we happy about it?
AGAINST LAWS
We want to abolish Justice.
Does that mean the abolition of laws, and therefore of any kind of society?
Because laws are undoubtedly essential to life in a society. No one doubts
this: neither do we. The law guarantees each person's rights. It forbids or
permits, but in any case it is imposed from the outside. To speak of an inner
law would be meaningless. The members of any society, bourgeois, socialist,
communist, anarchist or some other kind, have common interests to defend; they
have to envisage a common response to anything that can threaten it; they must
devote themselves to considering, in common, the question of external enemies and
war, or internal enemies and delinquency. From a societal or community point of
view, logic requires an organized defense, a judgment shared by the whole, a
punishment. Some think that Justice will not be good Justice as long as it
remains separate from the people; they want a Justice that emanates from the
community. As far as we are concerned, judgment can only remain individual.
Even if the judgment of several individuals on some event were unanimous, it
would not be communal and could not be generalized. On the contrary, the
characteristic feature of a judgment that asserts itself as being one of the
whole community is that it no longer belongs to anyone.
By saying "We have
every right", abolitionists abolish laws, for each person becomes his own
sole reference. If there are acts we do not commit it is because we do not want
to commit them. That's all. Forbidding rape is of interest to no one. On the
other hand, each person will no doubt find it of interest to consider means of
being neither a rapist nor a rape victim. Recognizing that everyone has a right
to rape me or hack me to pieces expresses my awareness that laws can in no way
protect me. It is as aberrant to say, "If killing was permitted everyone
would kill" as it is to say, "Since killing is forbidden I will not
be killed". We feel secure with people we trust and no law in the world
will change that. We can only be of interest to each other if judging people is
reduced to a minimum; we need to rethink things starting from our personal viewpoint.
Life would not be any more barbarous without laws. It is within a society with
laws that people kill and rape; it is particularly in a society with laws that
"decent people" are ready to lynch or flay those they assume are
guilty of a crime that they find disturbing. Moreover, it is from this
viewpoint that advocates of prison abolition are considering creating refuges
for delinquents who refused conciliation. But protecting and punishing the
criminal are two sides of the same thing: it is a matter of assigning the
criminal to a place. He and the victim are locked into roles that were defined
earlier and independently of them. And again we lapse into this very, very old
idea that everyone must stay in his place if we want the system to function.
The perpetuation of this system, of this organized set of relations, still
remains each. person's sole aim. But this sole aim is always outside
of oneself.
The definition of law is
"A mandatory rule imposed on man from the outside". It is obviously
because they are outside us that we reject all laws, including, of course, the
law of the strongest: we are opposed to force so long as the force in question
seeks to restrain us. So it is useless to rehash that delinquency, as such,
embodies none of our aspirations: competition, sexism and rackets are laws that
we fight, all the more so because society makes them its own, condemning only
what is criminal, as Thierry Levy has shown very well in his book Le crime en toute humanite because it is
not on a par with the crime that society indulges in. It is true that for its
survival, society can only integrate all individual impulses that pass through
its nets by labeling them delinquency and locking up delinquents; making people
believe through the media that what is dangerous for it is dangerous for
everyone enables the systems we are familiar with to redirect to their own ends
what is very often only disgust, anger or weariness at the outset.
It plugs up the cracks with
respect to any behavior that opposes it and could thus appear deviant or
revolutionary. In doing so, its victory restores a new dynamism to it and
allows it to further enlarge its field of activity. (Our optimism consists in
affirming that only what is recuperable is recuperated. The irrecuperable is
possible. For individuals cannot totally identify with society; they know that
they realize what is best in themselves outside of society - through
friendship, love, art, brilliant thoughts, etc. - and that every individual
aspires to what makes him a unique being).
So society tries to
socialize crime with trials, and then criminals with prison. It monopolizes
every person's acts because there is in effect a rivalry between owners: myself
and the community, to which it is tragically said that "I belong". As
soon as they are carried out our acts escape us: if they are judged
"anti-social" they are punished, and independently, of course, of
ideas we might have about good or evil; the insane, the rebellious, and alleged
criminals are all locked up. Being locked up in a prison, a camp or a hospital
is only the culmination of a confinement apart from ourselves that all of us
suffer. As abolitionists, we want the individuals in question to reappropriate
their acts, whether or not they are called crimes. Crime does not exist as
such. If there are indeed painful circumstances and horrible acts that are
inflicted on us, we ask nothing more than to try to avoid them by considering,
alone or with a few others, means of protecting ourselves from any infringement
on our mental or physical integrity. We note that progress is a notion that is
absolutely devoid of meaning: we think, therefore, that we must break free of a
way of thinking that has only led us to dead ends. It is not the Law but
freedom that can allow individuals to live in harmony by forming relationships
that start from themselves, not from the social relationships they are forced
into today.
We have been stripped of
everything and made strangers to our own lives. We cannot bear it. The word
"revolution" has been confiscated by politicians, so we will use it
sparingly, which is no problem, but we certainly hope that our ideas are taken
for what they are: a concrete change. So when we affirm that we do not
recognize anyone's power to judge us or our acts, we are really abolishing the
infamous social consensus, which is just based on turning oneself over to the
community. Men have never broken with the idea that they had to give up their
singularity for the benefit of the human species. On the contrary, not only
would we like to consider ourselves specific individuals, we would like to
consider as such every person who wants to be so. As abolitionists, we behave
in such a way that criminals and others can reappropriate their acts, because
we want to live among people who think about their lives and do not abandon
them to social authority. The idea of society does not go without saying. The
abolitionist movement is one sign of this, among others.
Translated by Doug Imrie and Michael William