A Foucauldian Interpretation of Modern Law: From Sovereingnty to Normalisation and Beyond

Administrative / Constitutional Law

A Foucauldian Interpretation of Modern Law: From Sovereingnty to Normalisation and Beyond

By Jacopo Martire
Edinburgh University Press October 2017

Specifications

ISBN-13
9781474411929
Publisher
Edinburgh University Press
Publication
October 2017
Format
Hardback
Jurisdiction
Scotland ? Countri(es) for reference only

Also available as

Paperback

Details

Michel Foucault (1926-84) was a French philosopher, social theorist and political thinker. Jacopo Martire investigates the development of modern law in conjunction with what Foucault termed biopolitical forms of power. He gives you a much-needed genealogical analysis of the modern legal phenomenon, opening new avenues for Foucauldian approaches to law.

Table of Contents

1. An Outline for a Foucauldian Interpretation of Modern Law
Introduction
Foucault and the law: an indigestible meal?
Foucauldian responses
An alternative approach: back to Foucault’s "toolbox"
A framework of analysis

2. A Genealogy of Modern Law I: The Political Truth of the Individual
Introduction
From medieval theology to secularisation
The new foundations of politics
The dilemma of democracy
The features of a new politics

3. A Genealogy of Modern law II: The Political Truth of Society
Introduction
Three revolutionary declensions of a paradigm shift
The long English Revolution: Government as an institution
The American Revolution: Government as a process
The French Revolution: Government as a program
The Normalising Constitutional Horizon of Modernity

4. The Normalising Complex and the Challenges of Virtualisation
Introduction
The illocutionary effect of modern law: the creation of the universal subject
Law and other apparati: The normalising complex
Liquid modernity and the biopolitics of control: a tale of virtualisation
The collapse of the normalising complex?
The normative and functional crisis of modern law

Conclusions
The current status of legal theory
The blockage of the liberal
The blockage of the critical camp
An opening towards new avenues

Bibliography
Index
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