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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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(p.141) Conclusions
A Foucauldian Interpretation of Modern Law

Jacopo Martire

Edinburgh University Press

On the basis of the preceding argument, the author posits that the emergence of a new emergent virtual understanding of the individual, has brought us to the absolute limit of the normalizing complex. This vision of the subject as a virtual entity indicates a growing awareness of the presence of an existential uniqueness, or Otherness (born out of normalization’s inherent allusion to the Other as what lies beyond the norms), in everyone’s life that challenges the attempts at conceiving the social body in terms of normality. This has implications that are as yet undefined for our current legal system that has developed thus far in relation to the dynamics of normalization. Faced with the expansion of Otherness in our society, the author intimates that we may be forced to rethink the structure of our legal discourse, and imagine new foundations for the future of democracy and politics.

Keywords:   The Other, Butler, Habermas, Liberalism, Critical Legal Studies, Crisis of Law

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