The paper explores ways to bring the approaches of J. Habermas and M. Foucault into a productive dialogue. In particular, it argues that Habermas's concept of deliberative democracy can and should be complemented by a strategic analysis of the state as it is found in Foucault's studies of governmentality. While deliberative democracy is a critical theory of democracy that provides normative knowledge about the legitimacy of a given system, it is not well equipped to generate knowledge that could inform the (...) choice of strategies employed by actors from civil society — especially deliberative democrats — vis-à-vis the state to pursue their goals. This kind of strategic knowledge about strengths and vulnerabilities of a given state is provided by Foucault's reading of the state as driven by varying governing rationalities. Since, particularly in his later works, Habermas finds strategic action normatively acceptable under certain circumstances, I argue that societal actors could profit from an integrated approach that incorporates Foucault's strategic analysis into the framework of deliberative democracy. This approach would yield critical knowledge of both a normative and strategic, action-guiding nature. (shrink)

As dominant liberal conceptions of the relationship between rights and freedom maintain, freedom is a property of the individual human subject and rights are a mechanism for protecting that freedom—whether it be the freedom to speak, to associate, to practise a certain religion or cultural way of life, and so forth. Rights according to these kinds of accounts are protective of a certain zone of permitted or valorised conduct and they function either as, for example, a ‘side-constraint’ on the actions (...) of others or as a ‘trump’ over governmental or community goals. In such accounts, of course, the emphasis is placed upon the forms of power against which rights protect the individual, whether that be the trespasses of others or the overweening attentions of the state. Such accounts famously do not themselves take much account of the multiple ways in which rights also function as forms of power, often delimiting the courses of action that a putative rights-holder can take and affecting the manner of its exercise, indeed often in the very name of freedom itself. Of course, there is a sizeable critical literature which does address itself to these kinds of question, most notably from the radical traditions of Marxism and critical legal theory, which see rights in terms of the relations of production, consumption and exploitation that they establish between legal subjects. For various reasons, Foucault has not figured as prominently in critical discussions of rights. Here I do not propose to enter into debates surrounding Foucault’s engagement with, or failure to engage with, law as an object of study, nor with the emergent literature on Foucault’s deployments of rights, indeed even of human rights. Rather, what I want to do in this paper is to articulate and defend the view that through a reading of Foucault’s work, both on rights and on power relations more broadly, we can discern an understanding of the political ambivalence of rights. For Foucault (and for some of the post-Foucaultian scholars whose work I shall address, below), rights are both political tools for the contestation and alteration of mechanisms of power and simultaneously mechanisms of inscription, both disciplinary and governmental, which work to conduct those who rely upon them. Far from being an unproblematic tool for the protection of the subject’s freedom, rights emerge in this account as conflicted and ambivalent mechanisms. In the first part of this paper I develop a Foucaultian account of rights along these lines and then hope to illustrate it by reference to several examples, from the constitution of gender and cultural identity via rights to the figure of the refugee, whilst in the final part of the paper I make a return to the idea of freedom in Foucault’s work and link the view of rights developed herein to a certain conception of freedom in his work. (shrink)

Contemporary politics is often said to lack utopias. For prevailing understandings of the practical force of political theory, this looks like cause for celebration. As blueprints to apply to political practice, utopias invariably seem too strong or too weak. Through an immanent critique of political realism, I argue that utopian thought, and political theory generally, is better conceived as supplying an orientation to politics. Realists including Bernard Williams and Raymond Geuss explain how utopian programs like universal human rights poorly orient (...) their adherents to politics, but the realists wrongly conclude that utopias and other ideal theories necessarily disorient us. As I show through an analysis of utopian claims made by Michel Foucault, Malcolm X, and John Rawls, utopias today can effectively disrupt entrenched forms of legitimation, foster new forms of political identity, and reveal new possibilities within existing institutions. Utopias are needed to understand the political choices we face today. (shrink)

Michel Foucault provides a radical challenge to the liberal approach to power and law, which is echoed by Jacques Derrida. Important differences exist between the analyses of Foucault and Derrida which should not be overlooked. This essay proceeds on the basis of an awareness of these differences, yet it at the same time attempts to bring these thinkers closer together, with reference specifically to the thinking of Freud. It is often said that Foucault does not offer an alternative to that (...) which he criticises or that his analyses do not provide for a way in which to escape from the effects of power. By specifically focusing on Foucault’s reliance on the notion of ‘play’ in Society must be defended, it is submitted that an ‘escape’ is in fact provided for. The deconstructive reading of Foucault which is presented here attempts to ensure that Foucault does not remain trapped within metaphysics. (shrink)

It is widely known that by the end of the 1970s, Foucault had begun to refer to ‘experience’ to account for his intellectual trajectory and to redirect the work on The History of Sexuality. However, the interest in experience also decisively shaped Foucault’s analysis of the ‘critical attitude’ that he explicitly started to address at about the same time. The article argues that Foucault’s notion of critique is informed by a specific reading and understanding of ‘experience’. Experience is conceived of (...) as dominant structure and transformative force, as existing background of practices and transcending event, as the object of theoretical inquiry and the objective of moving beyond historical limits. Foucault defines experience as a dynamic interplay between games of truth, forms of power and relations to the self. Accordingly, the Foucauldian account of critique is characterized by three aspects: the activity of problematization, the art of voluntary insubordination, and the audacity to expose one’s own status as a subject. While the first section of the article briefly reconstructs the trajectory of ‘experience’ in Foucault’s work from the 1960s to the 1980s, the main part discusses the dimensions and implications of this ‘experimental’ critique. (shrink)

To understand power relations, it is important to consider that power is an attribute, and whoever has it at a given moment is in the condition of dominant and whoever is under its exercise is dominated. Moreover, we must consider that these positions are interchangeable, changing when relations of force change. Power relations represent the pursuit of supremacy through knowledge, with struggles for better positioning in the social structure. In this study, we analyze the effects of disciplinary power on daily (...) practices of nurses and physicians in the hospital environment, more specifically in intensive care units. From the perspective of disciplines, power is exercised in a discreet, modest, calculated and permanent way, through the establishment of rules and norms. In this context, despite the strong appreciation of a medical‐centered model, it is observed that nurses gain visibility through knowledge and the defense of institutional norms and rules, which can generate tensions in daily professional practices. (shrink)

The paper explores ways to bring the approaches of J. Habermas and M. Foucault into a productive dialogue. In particular, it argues that Habermas's concept of deliberative democracy can and should be complemented by a strategic analysis of the state as it is found in Foucault's studies of governmentality. While deliberative democracy is a critical theory of democracy that provides normative knowledge about the legitimacy of a given system, it is not well equipped to generate knowledge that could inform the (...) choice of strategies employed by actors from civil society — especially deliberative democrats — vis-à-vis the state to pursue their goals. This kind of strategic knowledge about strengths and vulnerabilities of a given state is provided by Foucault's reading of the state as driven by varying governing rationalities. Since, particularly in his later works, Habermas finds strategic action normatively acceptable under certain circumstances, I argue that societal actors could profit from an integrated approach that incorporates Foucault's strategic analysis into the framework of deliberative democracy. This approach would yield critical knowledge of both a normative and strategic, action-guiding nature. (shrink)

The scholarly works of Jürgen Habermas and Michel Foucault have been subject to ongoing scrutiny for a number of decades. However, less attention has been given to their activities as public intellectuals and the relation between these and their philosophical and theoretical projects. Drawing on their own conceptualization of the role of the intellectual, the article aims to illuminate these issues by examining Habermas’ advocacy of a ‘Core Europe’ and his defense of NATO bombardments in Kosovo in 1999 as well (...) as Foucault’s involvement with the Groupe d’Information des Prisons (GIP) and a wide variety of his interviews, op-ed articles, etc. In showing that the intellectuals’ views differ in important ways from those of the scholars but nevertheless inhabit a crucial position in the overall edifice of their oeuvres, the article concludes that the practices of theorists deserve more attention for a comprehensive and more nuanced account of their thought. (shrink)