It might be useful to look at Alan Hunt and Gary Wickham's "Foucault and
Law" (1994) or Hunt's chapter - Foucault's Expulsion of Law - in
"Explorations in Law and Society" (1993) for a discussion on on F's
writing on the law in relation to his social historical work on
governance, governmentality, and power - and his attempts to avoid placing
primary emphasis on the State/Law as *the* regulatory apparatus in
modernity.
Anyways, just a thought.
Best,
heidi