Governmentality draws on Foucault's work along with wider analytical frameworks to reclaim centre stage for this sociological concept. The author argues for a new understanding of how the individual is related to the state and vice versa.

A 1999 review of governmentality literature, derived from Foucault, which broke new ground in ethics and politics.

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)

Jurisprudence is the prudence of jus, law's consciousness and conscience. Throughout history, when thinkers wanted to contemplate the organisation of society or the relationship between authority and the subject, they turned to law. All great philosophers, from Plato to Hobbes, Kant, Hegel, Marx and Weber had either studied the law or had a deep understanding of legal operations. But jurisprudence is also the conscience of law, the exploration of law's justice and of an ideal law or equity at the bar (...) of which state law is always judged. Jurisprudence brings together 'is' and 'ought', the positive and the normative, law and justice. But after a long process of decay, legal theory is today characterised by cognitive and moral poverty. Jurisprudence has become restricted and academically peripheral, a guidebook to technocratic legalism and a legitimation of the existent. Critical jurisprudence returns to the classical tradition of a general philosophy of law and adopts a much wider concept of legality. It is concerned both with posited law and with the law of the law. All legal aspects of the economic, political, emotional and physical modes of production and reproduction of society are part of critical jurisprudence. This widening of scope allows a radical rethinking of the nature of rights, justice, sovereignty and judgement. A political philosophy of justice today must examine the political economy of law; transitions from Empire to nation; ideological and imaginary constructions through which we understand ourselves and relate to others; ways in which gender, race or sexuality create forms of identity that both discipline bodies and offer sites of resistance. Law's complicity with political oppression, violence and racism has to be faced before it is possible to speak of a new beginning for legal thought, which in turn is the necessary precondition for a theory of justice. Critical Jurisprudence offers an ethics of law against the nihilism of power and an aesthetics of existence for the melancholic lawyer. (shrink)

The book juxtaposes key texts from Foucault and Habermas; it then adds a set ofreactions and commentaries by theorists who have taken up the two alternative approaches to powerand critique.

The first work to introduce Foucault's ideas on law to both graduates and undergraduates.

"We owe a large debt to Axel Honneth for uncovering some of the theoretical affinities between the work of the Frankfurt School and that of Foucault.

In Between Facts and Norms, Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action (1981), bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more. The introduction by William Rehg succinctly captures the special nature of the work, (...) noting that it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so-called liberals and civic republicans. The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book. Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers. (shrink)

_Foucault’s Law_ is the first book in almost fifteen years to address the question of Foucault’s position on law. Many readings of Foucault’s conception of law start from the proposition that he failed to consider the role of law in modernity, or indeed that he deliberately marginalized it. In canvassing a wealth of primary and secondary sources, Ben Golder and Peter Fitzpatrick rebut this argument. They argue that rather than marginalize law, Foucault develops a much more radical, nuanced and coherent (...) theory of law than his critics have acknowledged. For Golder and Fitzpatrick, Foucault’s law is not the contained creature of conventional accounts, but is uncontainable and illimitable. In their radical re-reading of Foucault, they show how Foucault outlines a concept of law which is not tied to any given form or subordinated to a particular source of power, but is critically oriented towards alterity, new possibilities and different ways of being. _Foucault’s Law_ is an important and original contribution to the ongoing debate on Foucault and law, engaging not only with Foucault’s diverse writings on law and legal theory, but also with the extensive interpretive literature on the topic. It will thus be of interest to students and scholars working in the fields of law and social theory, legal theory and law and philosophy, as well as to students of Foucault’s work generally. (shrink)

This lecture insisted upon negative liberty as the political complement to the human capacity for free choice, and made matching metaphysical claims: the nature of being, and especially the conflicts amongst values, were inconsistent with totalitarian claims. Berlin, arguing along this line, provided an account of the perversion of positive liberty into a warrant for such claims, discussed nationalism, and emphasized the value‐pluralism, now linked so frequently with his name.

Marking a major development in Foucault's thinking, this book derives from the lecture course which he gave at the College de France between January and April, 1978. Taking as his starting point the notion of "bio-power," introduced both in his 1976 course Society Must be Defended and in the first volume of his History of Sexuality, Foucault sets out to study the emergence of this new technology of power over population."--BOOK JACKET.

Combining knowledge of social policy and practice with insights from poststructural and feminist theory, the text demonstrates how democratic citizens and the political are continually recreated.

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)

Foucault contra Habermas is an incisive examination of, and a comprehensive introduction to, the debate between Foucault and Habermas over the meaning of enlightenment and modernity. It reprises the key issues in the argument between critical theory and genealogy and is organised around three complementary themes: defining the context of the debate; examining the theoretical and conceptual tools used; and discussing the implications for politics and criticism. In a detailed reply to Habermas' Philosophical Discourse of Modernity, this volume explains the (...) difference between Habermas' philosophical practice and Foucault's between the analytics of truth and the politics of truth. Many of the most difficult arguments in the exchange are subject to a detailed critical analysis. This examination also includes discussion of the ethics of dialogue; the practice of criticism; the politics of recognition, and the function of civil society and democracy. (shrink)

The welfare state has come under severe pressure internationally, partly for the well-known reasons of slowing economic growth and declining confidence in the public sector. According to the influential social theorist Pierre Rosanvallon, however, there is also a deeper and less familiar reason for the crisis of the welfare state. He shows here that a fundamental practical and philosophical justification for traditional welfare policies--that all citizens share equal risks--has been undermined by social and intellectual change. If we wish to achieve (...) the goals of social solidarity and civic equality for which the welfare state was founded, Rosanvallon argues, we must radically rethink social programs. Rosanvallon begins by tracing the history of the welfare state and its founding premise that risks, especially the risks of illness and unemployment, are equally distributed and unpredictable. He shows that this idea has become untenable because of economic diversification and advances in statistical and risk analysis. It is truer than ever before--and far more susceptible to analysis--that some individuals will face much greater risks than others because of their jobs and lifestyle choices. Rosanvallon argues that social policies must be more narrowly targeted. And he draws on evidence from around the world, in particular France and the United States, to show that such programs as unemployment insurance and workfare could better reflect individual needs by, for example, making more explicit use of contracts between the providers and receivers of benefits. His arguments have broad implications for welfare programs everywhere and for our understanding of citizenship in modern democracies and economies. "For more than two decades Pierre Rosanvallon has been analyzing the development and the crisis of the 'welfare state,' combining precise, specific knowledge with philosophical and historical depth in a way that is rare among social policy analysts.... [A] subtle and informed book."--From the foreword by Nathan Glazer. (shrink)