To sum up, ever since the new penal system – that defined by the great codes of the eighteenth and nineteenth centuries – has been in operation, a general process has led judges to judge something other than crimes; they have been led in their sentences to do something other than judge; and the power of judging has been transferred, in part, to other authorities than the judges of the offence. The whole penal operation has taken on extra-juridical elements and personnel.
