The purpose of the present paper is to offer a Foucauldian critique of Habermas’s theory of law and democracy. Quite famously Habermas viciously attacked Foucault’s positions on law and power in modernity. Those attacks will be taken into consideration here in order to show some deficiencies in Habermas’s own reading of modern law and democracy. My suggestion is that the formal nature of Habermas’s communicative approach fails to take into adequate consideration the question of subjectivity formation. More precisely I will (...) demonstrate that Habermas’s own works show a troublesome ambivalence with regards to the possibility that individuals can participate as ‘unencumbered selves’ to the public life of their community. As a consequence his account turns a blind eye to certain dynamics of power in our society that a Foucauldian approach seems more apt to frame and explore. (shrink)

Though Foucault was intrigued by the possibilities of radical social transformation, he resolutely resisted the idea that such transformation could escape the effects of power and expressed caution when it came to the question of revolution. In this article we argue that in one particularly influential line of development of Foucault’s work his exemplary caution has been exaggerated in a way that weakens the political aspirations of post-Foucaldian scholarship. The site of this reduction is a complex debate over the role (...) of normativity in Foucaldian research, where it has been claimed that Foucault’s genealogical approach is unable to answer the question ‘ Why fight?’ The terms of this debate (on the neo-Foucaldian side) are limited by a dominant though selective interpretation of Foucault’s analytics of power, where power is understood primarily in terms of government, rather than struggle. In response we suggest that if we reconfigure power-as-government to power-as-war, this adjusts the central concern. ‘ Why fight?’ becomes replaced by the more immediate question, ‘ How fight?’ Without denying the obvious benefits of cautious scholarly work, we argue that a reconfiguration of Foucault’s analytics of power might help Foucaldian research to transcend the self-imposed ethic of political quietism that currently dominates the field. (shrink)

The title of this article refers to Beauvoir's essay Must We Burn De Sade?. Analogous to Beauvoir's essay on Sade, this article is something of an apology for Foucault. I use Beauvoir's essay on Sade to discuss Foucault's concept of ethics as an art of living. I conclude that the final Foucault's thought on ethics can be labelled a post-existentialism, combining postmodern thinking and the issues of freedom and commitment in an inspiring way. I argue, however, that the heuristics of (...) Foucault's later work is undertheorized. Comparing Foucault's approach with Beauvoir's own concept of ethics as art of living shows hers to be superior in that it has a place for the emotions. The cold stoicism of the final Foucault only deals with emotion from the point of view of repression and sublimation. Foucault's post-existentialism must therefore be enriched with Beauvoir's concepts. I conclude that aspects of the theoretical frameworks of both Foucault and Beauvoir can contribute to the solution of some of the dilemmas of postmodern thinking with respect to politics and political theory. (shrink)

This paper problematizes the claim that Michel Foucault's work is normatively lacking and therefore possesses only limited political relevance. While Foucault does not articulate a traditional normative framework for political activity, I argue that his work nonetheless reflects certain normative commitments to, for example, practicing freedom and improving the state of the world. I elucidate these commitments by sketching out Foucault's notion of critique as a mode of existence characterized by practices of the self, arguing that such practices possess political (...) significance within the context of what Foucault refers to as a way of life, and analyzing points of intersection and departure between Kant's and Foucault's respective responses to the question `What is Enlightenment?' in order to clarify the connection Foucault makes between self-practices and freedom. Through this analysis I also show that Foucault reconceptualizes normative concepts such as obligation, freedom, autonomy and publicity in non-normalizing, politically compelling ways, and argue that his work opens onto a similar reconceptualization of the notion of political unity. I conclude with a preliminary investigation into the political efficacy of Foucault's ethos by discussing its relevance specifically for feminist politics. (shrink)

This article argues for a viable genealogical approach within critical theory that could settle the questions regarding normative viability of such critique. Then, the implications of the normative inheritance implied lead to the pairing of Jaeggi’s conceptualization and critique of forms of life with Rosa’s dual diagnosis of (late) modernity through the structural lenses of genealogy as tridimensional endeavor posed by Saar. In the end, the final argument is that a genealogical critique in these terms could be the next step (...) towards the revitalization of decolonial studies and a path for direct political action. (shrink)

To question power means also to ask what makes us governable and enables us to govern. This paper addresses this issue by rephrasing the question ‘what is power?’ into the question: ‘to what problem can power be seen as a response?’. This transformation allows us to keep the ‘power of power’ in sight. It then elucidates the ‘how’ of power through some conceptual explorations and theoretical clarifications as well as through an explicitly anthropological problematisation of power, as the way in (...) which power is understood depends always also on the way in which people understand themselves. Reassessing Foucault's rejection of anthropological reflections, the paper sketches a structural matrix of human self‐conceptions through which power and also critique can be reconstructed systematically. (shrink)

This article pursues two questions: Can one use Foucault’s later writings on parrhesia and Kant to create a Foucaldian approach to public reason? If so, what lessons might those attracted to John Rawls’ well-known model of public reason draw from a Foucaldian orientation? By putting Foucault into a competitive yet productive relationship with Rawls, this article addresses some of the latter’s shortcomings. In doing so it also makes a larger argument about the need to develop approaches to democratic deliberation that (...) involve engagement with – rather than simple toleration and/or accommodation of – the various ‘reasonable’ ethical commitments deliberators, on some fundamental level, reason in light of. The justificatory aims of public reason are best achieved when participants’ most-cherished beliefs are opened to critical dialogue rather than banished to the realm of the ‘non-political’. The article begins by briefly illuminating the salient features of Rawls’ model of public reasoning as well as three problems that ensue with the limitations it places on discourses regulated by public reason. It then attempts to distill a Foucaldian approach to public reason by briefly discussing 4 elements of Foucault’s later work on Rawls’ philosophical godfather Kant together with several features of the antiquarian studies of parrhesia that Foucault was conducting at the time these Kantian works were written. Third, Jeffrey Stout’s recent account of theistic democratic actors in some of the most economically disadvantaged US localities demonstrates how many of the ideals integral to this Foucaldian approach to public reasoning built on engaging contrasting ethical perspectives are central to some concrete practices of public reasoning. It concludes with some thoughts on the necessity of publicly reasoning through rather than independently of our deepest commitments. (shrink)

Social philosophy is a somewhat broad and imprecise term. In this article I discuss the social philosophy of Habermas, Foucault and Honneth, arguing that the latter’s work is an interesting, but not unproblematic, conception of the discipline. Following Habermas and Honneth, I argue that social philosophy should be reconstructive, but incorporate insights from Foucault. Specifically, reconstructive social philosophy can be both normative and descriptive, and at the same time establish a dialectical relationship between philosophy and the social sciences, thus fulfilling (...) the ambition for social philosophy originally put forward by Horkheimer. The thesis I defend in this article is that reconstructive social philosophy in Habermasian or Honnethian fashion has the resources available to accomplish this ambitious task. (shrink)

At once historical and philosophical, Michel Foucault used his genealogical method to expose the contingent conditions constituting the institutions, sciences and practices of the present. His analyses of the asylum, clinic, prison and sexuality revealed the historical, political and epistemological forces that make up certain types of subjects, sciences and sites of control. Although noting the originality of his work, a number of early critics questioned the normative framework of Foucault's method. Nancy Fraser argued that Foucault's genealogical method was ‘normatively (...) confused’ as it implied political critique yet claimed to be value-neutral. Jürgen Habermas and Charles Taylor also questioned the normative basis of Foucault's appeals to critique, arguing it was self-refuting as Foucault left no room for the subject to escape power. Although a debate among these scholars was planned for the mid-1980s, Foucault's death in 1984 meant this could not occur. A number of edited volumes sought to fabricate a debate, with defenders of Foucault excavating his published monographs to construct responses to his critics. While the monographs remain the central texts of Foucault's oeuvre, over the past decade his Collège de France lectures have been published and translated into English. This article offers a schematic survey of the influence of the Collège de France lectures in recasting different points in the debates over normativity, critique and resistance. (shrink)

This article discusses the role of individual rights in the production of active citizenship. In recent years, the notion of ‘active citizenship’ has become an object of research in both political and social science. Studies that draw on the Foucaultian governmentality tradition have been particularly interested in various societal discourses and practices through which active citizenship is being produced. However, the role of law and rights has been neglected or even rejected in these studies. The aim of this article is (...) thus to show that certain procedural rights, the right to participate in particular, constitute an important legal technology in the production of active citizenship. The analysis is based on the recent developments in Finnish social and health care law. It will also be argued that despite the apparently convergent subject-matter, Jürgen Habermas’s normative theory of the ‘procedural paradigm of law’ does not offer a meaningful framework in which to address the relationship between active citizenship and procedural rights since it is based on an overly narrow conception of subjectivity. (shrink)

On Foucault’s own telling, his distinctive approach to critique is to be characterized as a ‘limit attitude’. Definitive of this limit attitude is a problematizing, transgressive style of thinking oriented toward challenging existing ways of being and doing, with a view to liberating new possibilities for advancing ‘the undefined work of freedom’. From the outset, however, the efficacy of this problematizing approach to critique has been beset by doubts about the adequacy of its normative resources. In the present article, it (...) is argued that progress can be made toward a productive resolution of this contested issue if adequate account is taken of both the Nietzschean and the Kantian dimensions of Foucault’s thought. Specifically, it is argued that the balance between these potentially conflictual elements must be appropriately (re)negotiated, if the normative efficacy of Foucauldian critique is to be ensured, while its distinctive problematizing thrust is preserved. In defending this view, the Foucauldian concept of autonomy is seen to have a pivotal role to play both in advancing the task of problematization and, in its relation to intersubjectivity, in securing its normative efficacy. In thus vindicating the integrity of Foucault’s distinctive approach to critique, new light is shed on the structure, dynamics and logic of a contemporary mode of inquiry committed to the problematizing exercise of critical reason. (shrink)

On several occasions Michel Foucault advocated a methodological turn towards what he called a ‘happy positivism’. Foucault’s emphasis on the surface does not deny the importance of structures of hiding, but understands it as a game in which the structures of hiding are viewed as contingently given. In this paper, I will analyse the conflict between the hacker movement and the field of corporate interests. I argue that the introduction of graphical user interfaces and the maintaining of copyright interests are (...) the contingent background of the ongoing conflict. By bracketing the analyses of hidden intentional structures, the happy positivist is thus able to facilitate deeper understandings of the prevailing structures of hiding. (shrink)

The paper contrasts understandings of knowledge grounded in Enlightenment norms with the departures from those norms taken by some strands of feminism and hermeneutics, as well as the contributions made by the writing of Michel Foucault. A reading of Foucault's writings on knowledge, power and the discursive constitution of self and world is offered as a potentially useful frame within which to raise questions about nursing, nurses and knowledge.

The ancient Cynic Diogenes was the first to declare ‘I am a citizen of the world ’ and the other Cynics followed him. In The Courage of the Truth, Michel Foucault analyses the Cynic mode of parrhēsia and living in truth, however, his text expands the cosmopolitical amplitude of Cynics since the Cynics’ true life contains an inherent cosmopolitan logic. Identifying the core of the Cynic true life in the care for the self that leads to the care for the (...) others within the horizon of the possibility of another life and another world, Foucault shows how the Cynic establishes ‘an intense bond with the whole of humankind’, cares ‘for all mankind’ and for the whole world as a ‘functionary of humanity’ and, as ‘the scout of humanity’, the Cynic prefigures the future and exercises the ‘government of the universe’. This article argues that Foucault’s account on Cynics maps the very first moments of becoming cosmopolitan and offers an insightful perspective on the process of achieving a cosmopolitan subjectivity, a process displayed by different expressions of cosmopolitanism, and especially the ‘insurgent cosmopolitanism’ from the bottom up. (shrink)

Despite decades of emancipatory mobilization, there is no realistic prospect for any profound socio-ecological transformation of contemporary consumer societies. Instead, social inequality and ecological destruction are on the rise and an autocratic-authoritarian turn is reshaping even the most established liberal democracies. In explaining these phenomena, the struggle for autonomy and emancipation is an important parameter that has not received sufficient attention so far. This article investigates these phenomena through the lens of the dialectic of emancipation – a concept that I (...) have suggested elsewhere and that I here further elaborate, placing particular emphasis on the relationship between the rule-transgressing and the rule-setting capacities of the emancipatory project. The article specifies constitutive dimensions of the emancipatory project, explores their ongoing reinterpretation and reconfiguration and thus explains how the emancipatory logic itself has come to obstruct the socio-ecological transformation and to nurture new forms of authoritarian governance. (shrink)

In a 1984 interview, Michel Foucault introduced a distinction between two forms of freedom: freedom as the ontological condition of ethics, and ethics as the “practice of freedom” informed by reflection. This text suggests that a good understanding of Foucault’s thoughts on freedom would require accounts of both ontological freedom and practices of freedom, but the secondary literature currently suffers from a shortage of work on these topics. This thesis attempts to fill this gap in the literature by offering a (...) new account of practices of freedom which also shows the connection with ontological freedom. Drawing inspiration from the constitutivist approach to meta-ethics, I suggest that Foucault’s notion of the practice of freedom is best understood by identifying the “constitutive aims” of the practice, in other words, the aims that make an agent’s activity a practice of freedom. Such a framework allows us to understand how Foucault can make specific ethical suggestions without committing himself to substantive moral claims and also allows us to apply the notion of practices of freedom to a broad range of real-life examples. I first offer a new account of ontological freedom and then, using a constitutivist approach, engage in a close reading of Foucault’s work in order to identify the constitutive aim of practices of freedom. With the aims in view, I demonstrate what it means to successfully practice freedom and then apply the account in two close readings of historical individuals. The first, on Socrates as presented in the Platonic dialogues, shows that we can apply our account of the practice of freedom to existing individuals. The second, on Oscar Wilde, argues that Wilde’s experience of agency in the practice of freedom was middle-voiced, rather than active, and thereby allows us to loosen the assumed connection between practices of freedom and active agency. (shrink)