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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.
Inhaltsverzeichnis
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
Über den Autor / die Autorin
Jacopo Martire is Lecturer in Law at the University of Stirling. His main research interests are in legal and political philosophy, jurisprudence, constitutional theory and European Law.
Zusammenfassung
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.
