Kevin,
I think I'm a "jurisprudence scholar type person" as you said, because I just finished a Master in Law course about Michel Foucault and legal theory. My thesis is written in portuguese, but you can read at least the abstract that comes below.
If you want, send a private e-mail (jfcchaves@xxxxxxxxxx) and I'll send to you some PDF files with nice texts about Foucault and Law, from different perspectives. If anyone wants to know more about my research, I would be glad to answer too.
Best wishes,
João
CHAVES, João Freitas de Castro. The problem of a ?new form of right? in Michel Foucault: between resistance and the Outside. Master in Law thesis. Recife: Federal University of Pernambuco, 2006, 200 p.
The subject of this work is the proposal of a ?new form of right?, as indicated by the French thinker Michel Foucault in one of the lectures of the course Society must be defended in 1976. Considering antiquated the present comprehension of Law, the author suggested the research of a new approach for this question, towards an antidisciplinarian Law, but also free from the principle of sovereignty. The absence of further enlightenment by Foucault about his proposal and its consequent abandon promoted a division. On one hand, some say that this ?new form of right? is almost useless for the legal theory. On the other hand, some believe that it is possible to develop this ?new form of right? as a critique to current legal thought. To answer this dilemma, this work has as first aim the connection of this ?new form of right? with other of Michel Foucault?s Law citations, before and after 1976. After that, the second aim is to understand which general traces of the author?s work justify the proposal of a ?new form of right?, supposing that they would be responsible for the difficulties of its explanation. As for the first aim, the reading of Foucault?s books, courses and other texts reveal that he never had any special attention regarding Law, and did not intend to create a general vision of this subject. More than that, the 1976 proposal of a ?new form of right? was not revisited by the author and became a forgotten point in his work. As for the second aim, the research identified that the ?new form of right? is a consequence of, on one side, the foucaldian effort to produce a resistance capable of escaping from power relations and thus from the ?expected resistance paradox?, and, on another side, of his strong appeal for the Outside, as described by Gilles Deleuze. As it is impossible, in Foucault?s philosophical project, to admit a knowledge beyond the knowledge, disconnected from the historical power relations and based on a resistance from the Outside, the conclusion is that this ?new form of right? is an impossible hypothesis. In any case, in spite of revealing significant traces of Foucault?s thought, it cannot be developed in pure foucaldian terms.
Keywords: new form of right; resistance; Outside.
> i am looking for some secondary literature on Foucault and the law - from a legal history/jurisprudence perspective.
> can anybody help me out with references?
>
> i realise that all of his work is somewhat related to the law, so that is why i am asking for legal analysis, that is, by some jurisprudence scholar type person...
>
> regards - k
>
> ____________________________________________________________
> FREE 2GB Online Storage - Store data online & access them anywhere you go!
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I think I'm a "jurisprudence scholar type person" as you said, because I just finished a Master in Law course about Michel Foucault and legal theory. My thesis is written in portuguese, but you can read at least the abstract that comes below.
If you want, send a private e-mail (jfcchaves@xxxxxxxxxx) and I'll send to you some PDF files with nice texts about Foucault and Law, from different perspectives. If anyone wants to know more about my research, I would be glad to answer too.
Best wishes,
João
CHAVES, João Freitas de Castro. The problem of a ?new form of right? in Michel Foucault: between resistance and the Outside. Master in Law thesis. Recife: Federal University of Pernambuco, 2006, 200 p.
The subject of this work is the proposal of a ?new form of right?, as indicated by the French thinker Michel Foucault in one of the lectures of the course Society must be defended in 1976. Considering antiquated the present comprehension of Law, the author suggested the research of a new approach for this question, towards an antidisciplinarian Law, but also free from the principle of sovereignty. The absence of further enlightenment by Foucault about his proposal and its consequent abandon promoted a division. On one hand, some say that this ?new form of right? is almost useless for the legal theory. On the other hand, some believe that it is possible to develop this ?new form of right? as a critique to current legal thought. To answer this dilemma, this work has as first aim the connection of this ?new form of right? with other of Michel Foucault?s Law citations, before and after 1976. After that, the second aim is to understand which general traces of the author?s work justify the proposal of a ?new form of right?, supposing that they would be responsible for the difficulties of its explanation. As for the first aim, the reading of Foucault?s books, courses and other texts reveal that he never had any special attention regarding Law, and did not intend to create a general vision of this subject. More than that, the 1976 proposal of a ?new form of right? was not revisited by the author and became a forgotten point in his work. As for the second aim, the research identified that the ?new form of right? is a consequence of, on one side, the foucaldian effort to produce a resistance capable of escaping from power relations and thus from the ?expected resistance paradox?, and, on another side, of his strong appeal for the Outside, as described by Gilles Deleuze. As it is impossible, in Foucault?s philosophical project, to admit a knowledge beyond the knowledge, disconnected from the historical power relations and based on a resistance from the Outside, the conclusion is that this ?new form of right? is an impossible hypothesis. In any case, in spite of revealing significant traces of Foucault?s thought, it cannot be developed in pure foucaldian terms.
Keywords: new form of right; resistance; Outside.
> i am looking for some secondary literature on Foucault and the law - from a legal history/jurisprudence perspective.
> can anybody help me out with references?
>
> i realise that all of his work is somewhat related to the law, so that is why i am asking for legal analysis, that is, by some jurisprudence scholar type person...
>
> regards - k
>
> ____________________________________________________________
> FREE 2GB Online Storage - Store data online & access them anywhere you go!
> Visit http://www.inbox.com/storage to find out more!
>
> _______________________________________________
> Foucault-L mailing list
>