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 May 2020

A Genealogy of Modern Law II: The Political Truth of Society

A Genealogy of Modern Law II: The Political Truth of Society

Chapter:
(p.72) 3 A Genealogy of Modern Law II: The Political Truth of Society
Source:
A Foucauldian Interpretation of Modern Law
Author(s):

Jacopo Martire

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781474411929.003.0003

In the present chapter the author analyses the development of modern law as a system of formalized interconnected rules. The author focuses on three historical events that ushered in the modern constitutional horizon: the English, American, and French revolutions. By scrutinizing how the features of generality, abstraction, equality, and freedom, were differently addressed in the various constitutional debates, the author demonstrates that these features were key in establishing a constitutional system that was both the expression as well as the limit of the social order, while at the same time reflective of diverging socio-political histories and traditions. The author suggests that, beyond their differences, the three revolutions share a common underlying constitutional discourse, which conceives law along the paradigm of the norm and the logic of normalization.

Keywords:   English Revolution, American Revolution, French Revolution, Constitution, Constitutionalism

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.