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A Foucauldian Interpretation of Modern LawFrom Sovereignty to Normalisation and Beyond$
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Jacopo Martire

Print publication date: 2017

Print ISBN-13: 9781474411929

Published to Edinburgh Scholarship Online: January 2018

DOI: 10.3366/edinburgh/9781474411929.001.0001

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

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

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

Jacopo Martire

Edinburgh University Press

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

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