JOURNAL OF PENAL LAW AND CRIMINOLOGY-CEZA HUKUKU VE KRIMINOLOJI DERGISI, vol.8, no.2, pp.169-201, 2020 (ESCI)
The modern process refers to the process of social, economic and cultural change that began in Europe, especially from the second half of the 17th century, and then influenced the whole world. The modern process has three basic elements: industrialization, artistic-cultural change, and enlightenment. The sub-elements of the modern process that pave the way for the change of public punishment and thus, the birth of prison are: 1) Increased valuing of human beings, 2) The spread of the belief that tomorrow will be better by accepting science as fundamental value, and 3) The spread of the concept of discipline and awareness of the importance of surveillance. Both the increase in the importance of the human body and the fact that human beings are perceived as individuals who can determine their own way of life have led to the idea that punishments which are incompatible with human dignity and which involve direct physical violence cannot be applied to human beings. The fact that science has become a fundamental value and the idea that the future will be more beautiful for humanity through science has led to the idea that criminals can be rehabilitated in confinement through science. Finally, the concept of discipline has become widespread in the modern process and it has been seen that surveillance is the most effective way of ensuring discipline in the society. Prisons have been built as the most suitable places for the surveillance and thus, the disciplinary reform of the criminals.