Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egypt
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Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egypt
Publ. in: Annates Islamologiqucs, 36 (2002), pp. 253-285EGYPT AND THE AGE OF THE TRIUMPHANT PRISON: LEGAL PUNISHMENT IN NINETEENTHCENTURY EGYPTBYRUDOL Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century EgyptLPH PETERS(UNIVERSITY OF AMSTERDAM)1 IntroductionIn the nineteenth a legal system emerged in Egypt, that complemented the shari'a. It was enforced by administrators and not by shari'a courts. Criminal law was a prominent part of this system. As from 1829 criminal codes were enacted* 1 and from 1842 Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egyptjudicial councils were created to enforce them. An important element in this system was the notion of legality: the judicial authorities could only imEgypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egypt
pose penalties by virtue of enacted criminal laws defining the offences and their punishments. Moreover, sentences should exactly specify the amount oPubl. in: Annates Islamologiqucs, 36 (2002), pp. 253-285EGYPT AND THE AGE OF THE TRIUMPHANT PRISON: LEGAL PUNISHMENT IN NINETEENTHCENTURY EGYPTBYRUDOL Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egyptthe staff of the Egyptian National Archives for the assistance in making available the relevant documents for this study.Iowe a great debt of gratitude to Khaled Fahmy, who generously shared his extensive knowledge of these Archives and helped me in many other ways during my research. I am grateful Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egyptto Mario Ruiz for commenting on an earlier draft.1 For a succinct survey of the criminal codes enacted between 1829 and the British occupation, see ApEgypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egypt
pendix 2.1legal punishment came into being, with capital penalty, corporal punishment and imprisonment with forced labour as its most important elemenPubl. in: Annates Islamologiqucs, 36 (2002), pp. 253-285EGYPT AND THE AGE OF THE TRIUMPHANT PRISON: LEGAL PUNISHMENT IN NINETEENTHCENTURY EGYPTBYRUDOL Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egypt punishment at the expense of corporal and capital punishment. This is very similar to what happened in Western Europe and other regions during roughly the same period, which for that reason has been dubbed "the age of the triumphant prison".3 In the following I will study the emergence and developm Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egyptent of the Egyptian system of judicial punishments between 1829, when the first penal code was enacted, and 1882, the year the British occupied Egypt.Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egypt
I will compare these developments with those in the West and examine whether the theories advanced to explain the changes in the European penal systePubl. in: Annates Islamologiqucs, 36 (2002), pp. 253-285EGYPT AND THE AGE OF THE TRIUMPHANT PRISON: LEGAL PUNISHMENT IN NINETEENTHCENTURY EGYPTBYRUDOL Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egypte around 1800 a marked change in the character of punishment. Corporal and capital punishment, i.e. punishment directed at the culprit's body, enacted as a public spectacle on the scaffold, was replaced by punishment directed at the culprit's mind and hidden from the public eye. The cruel spectacles Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egypt of suffering, meant to serve as strong deterrents, were necessary in an age when few criminals were caught, owing to the lack of well organised policEgypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egypt
e forces. Their replacement by imprisonment as the main form of punishment was, according to Foucault, the result of the emergence of a centralised stPubl. in: Annates Islamologiqucs, 36 (2002), pp. 253-285EGYPT AND THE AGE OF THE TRIUMPHANT PRISON: LEGAL PUNISHMENT IN NINETEENTHCENTURY EGYPTBYRUDOL Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egypt by spectacles of cruel executions and torture. The new form of punishment, Foucault argues, was aimed at disciplining the offender by subjecting him to a rigorous regime, to2For the development of criminal law in nineteenth century Egypt, see Peters (1990), Peters (1991), Peters (1997), Peters (199 Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egypt9a) and Peters (1999b)3The term was coined by Perrot (1975), p. 81, who characterises the period between 1815 and 1848 in France as "I'ere de la prisoEgypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egypt
n triomphante."* Foucault (1975).2which end a centralised and hierarchical system of prisons was created. Prisons, along with schools, the army and mePubl. in: Annates Islamologiqucs, 36 (2002), pp. 253-285EGYPT AND THE AGE OF THE TRIUMPHANT PRISON: LEGAL PUNISHMENT IN NINETEENTHCENTURY EGYPTBYRUDOL Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egyptticises Foucault's ideas. He concurs with Foucault in that the nineteenth century saw the emergence of imprisonment as the ordinary mode of punishment and the decrease of capital and corporal punishment and that punishment ceased to be a public spectacle. However, his main objection to Foucault's st Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egyptudy is that the changes described by Foucault as having occurred in a rather short period of time, were in fact part of a process that lasted for moreEgypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egypt
than a century, and that in many Western European countries imprisonment in houses of correction existed already in the seventeenth century, other poPubl. in: Annates Islamologiqucs, 36 (2002), pp. 253-285EGYPT AND THE AGE OF THE TRIUMPHANT PRISON: LEGAL PUNISHMENT IN NINETEENTHCENTURY EGYPTBYRUDOL Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egypt, such as the execution of the French regicide Damiens in 1757, were exceptional and cannot be regarded as ordinary forms of punishing criminal offenders..Spierenburg asserts that torture, corporal punishment and public executions disappear in Western Europe between 1770 and 1870. Until that period Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egyptthe standard punishment consisted in the infliction of pain, administered in public. This included the sufferings of the "chaỉnes", the transport of gEgypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egypt
alley convicts on their way to Marseilles and. after the abolition of the galleys, to the naval arsenals (bagnes)ỹ An important function of publicly aPubl. in: Annates Islamologiqucs, 36 (2002), pp. 253-285EGYPT AND THE AGE OF THE TRIUMPHANT PRISON: LEGAL PUNISHMENT IN NINETEENTHCENTURY EGYPTBYRUDOL Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egyptat occurred during the late eighteenth and most of the nineteenth centuries Spierenburg offers two explanations: Elias' "civilising process" (der Prozess der Zivilisation) and the strengthening and better integration of the Western European states. As a result of the "civilising process", the sensib Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egyptilities to officially inflicted pain increase. In the5 Spierenburg (1984)€ Spierenburg (1991), p. 278; Zysberg (1984), pp. 86-91. For Spain, see PikeEgypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egypt
(1983), 76-79.3first phase, a growing aversion to the sight of physical suffering prompted groups among the elite to become advocates of penal reform.Publ. in: Annates Islamologiqucs, 36 (2002), pp. 253-285EGYPT AND THE AGE OF THE TRIUMPHANT PRISON: LEGAL PUNISHMENT IN NINETEENTHCENTURY EGYPTBYRUDOL Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egypt European countries during the second half of the eighteenth century. During the second phase, roughly the first half of the nineteenth century, the various social groups became better integrated in the nation state and began to identify with one another. The sensibilities to spectacles of suffering Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egypt began to extend to the sufferings of other classes. This resulted in new attempts to reform he system of legal punishment. These attempts could succeEgypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egypt
ed since states had become better integrated and therefore more stable. Therefore, the political authorities were not anymore in need of the deterrencPubl. in: Annates Islamologiqucs, 36 (2002), pp. 253-285EGYPT AND THE AGE OF THE TRIUMPHANT PRISON: LEGAL PUNISHMENT IN NINETEENTHCENTURY EGYPTBYRUDOL Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egyptn penalty, capital sentences were increasingly executed behind prison walls and corporal punishments such as flogging and branding decreased in importance and were finally abolished in most countries. In order to explain why these changes in the penal systems of the various Western European countrie Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egypts occurred roughly in the same time and order, whereas centralised nation states did not emerge simultaneously, Spierenburg has recourse to the notionEgypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egypt
of a "European network of states". In other words, he regards these developments not as related to the formation of separate states, but as a common Publ. in: Annates Islamologiqucs, 36 (2002), pp. 253-285EGYPT AND THE AGE OF THE TRIUMPHANT PRISON: LEGAL PUNISHMENT IN NINETEENTHCENTURY EGYPTBYRUDOL Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egyptnal system as a direct consequence of the rise of a centralised, intrusive, and disciplining state, Spierenburg argues that the emergence of powerful and centralised states was a necessary condition for these changes to be successful but attributes them to changes in the mentality of the elites. In Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egyptthis essay I will argue, following Foucault, that penal reform in Egypt was in first instance a direct result of the centralisation of state power andEgypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egypt
the creation of an efficient apparatus of control of the population, of which the4police7 was a part. However, contrary to Western Europe, the EgyptiPubl. in: Annates Islamologiqucs, 36 (2002), pp. 253-285EGYPT AND THE AGE OF THE TRIUMPHANT PRISON: LEGAL PUNISHMENT IN NINETEENTHCENTURY EGYPTBYRUDOL Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egyptnot at disciplining the population. Disciplining activities of the state, especially during the first half of the nineteenth century, were directed at the state servants, both civil and military,8 9 * 11 and not at the population at large. That flogging and beating were abolished in 1861 cannot be e Egypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egyptxplained, therefore, by the need for more effective disciplinary expedients, such as imprisonment. But it can neither be explained, as I will argue, bEgypt and the Age of the Triumphant Prison legal Punishment in Nineteenth Century Egypt
y growing sensibilities to public suffering. Decisive were, in my view, the wish to modernise among important segments of the elite in combination witGọi ngay
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