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Theses

La sanction est-elle éducative ?

Abstract : If punishment is a fact, is it legitimate all the same? Starting from the principle that fact does not law make, even if bolstered by a long-running historical tradition, we shall aim to scrutinize the reasons that turned punishment into a so-called pedagogical staple.Is the teacher fated to punish? Whether he seeks to raise – through atonement or responsibilization –, tame or control behavior through intimidation, scold according to principle – in reference to a law from which all values emanate –, the effect remains the same, and the logic remains patent: punishment is a wholly external constraint which cannot possibly motivate anyone efficiently and durably; it can only function if the punished person has already been indoctrinated. The use of a responsibilizing punishment thus appears to be incantatory.One must admit, however, that punishment channels behavior. And yet this channeling happens through molding the person through a process that is neither innocent nor harmless: the shaping of bodies and minds; the creation of means to blame, to fault, to guilt; the shaping of free will that makes each being exist for the sake of being punished, and therefore paradoxically makes punishment inevitable. The person shaped by punishment ends up being made to be punished: punishment means holding the law as gospel truth and flaunting its essence; therefore the one who punishes can only be obsessed by the idea of atonement.Another conception of education is possible nonetheless: one that abandons the idea of agency, of blame, and guilt, and advocates for a quiet transformation prior to acting. This skeptical transformation – which acknowledges the fundamentally unpredictable nature of education – suggest using tact to prevent conflict along with the act of mending to strengthen the social bond and build the future. Genuine autonomy does not wither under the immutable yoke of the law: it calls for emancipation through anomia (in Guyau’s sense) by creating a cosmic order conceived as emergence.Punishment, then, is far from being a staple of education: it could very well be a cure far worse than the ailing it seeks to cure. Indeed, it creates the homeostasis that it alone can enable further.
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https://hal.univ-lorraine.fr/tel-03116319
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  • HAL Id : tel-03116319, version 1

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Laurent Muller. La sanction est-elle éducative ?. Education. Université de Lorraine, 2020. Français. ⟨NNT : 2020LORR0141⟩. ⟨tel-03116319⟩

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