Jump to ContentJump to Main Navigation
A Foucauldian Interpretation of Modern LawFrom Sovereignty to Normalisation and Beyond$
Users without a subscription are not able to see the full content.

Jacopo Martire

Print publication date: 2017

Print ISBN-13: 9781474411929

Published to Edinburgh Scholarship Online: January 2018

DOI: 10.3366/edinburgh/9781474411929.001.0001

Show Summary Details
Page of

PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 28 March 2020

An Outline for a Foucauldian Interpretation of Modern Law

An Outline for a Foucauldian Interpretation of Modern Law

Chapter:
(p.1) 1 An Outline for a Foucauldian Interpretation of Modern Law
Source:
A Foucauldian Interpretation of Modern Law
Author(s):

Jacopo Martire

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781474411929.003.0001

In the first chapter, the author provides a picture of the current state of contemporary Foucauldian interpretations of law. The author claims that Foucauldian scholars – notwithstanding recent important contributions – have not been able to properly debunk the thesis that Foucault “expelled” law from the locus of power. The author proposes to overcome this impasse by considering law as a proper sui generis apparatus of subjectivation and by undertaking a geneaology of the modern discourse of law in order to discover its generative syntax. The author’s goal is to demonstrate that in developing towards its modern form, law moved from being an order based upon the paradigm of sovereign commands to one based on the paradigm of socially constructed norms (understood in a Foucauldian way). The author identifies the formal features of generality, abstraction, and the substantive features of equality and freedom as key for this purpose.

Keywords:   Expulsion thesis, Genealogy, Norm, Apparatus, Pastoral Power, Discipline, Governmentality

Edinburgh Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.