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Menampilkan postingan dari Januari, 2018

Softskill - Between Governance and Discipline: The Law and Michel Foucault

Between Governance and Discipline:  The Law and Michel Foucault The consequences of Foucault's work for the law have still to be effectively evaluated. I hope that I have shown how some of the current scholarship underestimates the complexity and rigour of Foucault's position as well as providing some new directions in which a Foucauldian analysis of law could be developed. The implications of Foucault's analysis for legal theory are difficult to evaluate. Foucault was not primarily concerned with law and offered little analysis of the role which was played by law in different epochs. Nevertheless we can reach a few tentative conclusions concerning these implications. By focusing on the question 'What is the Law?', Anglo-American legal theory has lost the richness of the historical differences in law's genealogy. By attempting to reduce the law to its ahistorical minimum conditions, Anglo-American schol￾arship has failed to engage with the question of the ope...