I would like to suggest another way to go further toward a new economy of power relations, a way which is more empirical, more directly related to our present situation, and which implies more relations between theory and practice. It consists of taking the forms of resistance against different forms of power as a starting point. To use another metaphor, t consists of using this resistance as a chemical catalyst so as to bring to light power relations, locate their position, (...) and find out their point of application and the methods used. Rather than analyzing power from the point of view of its internal rationality, it consists of analyzing power relations through the antagonism of strategies.[…]Let us come back to the definition of the exercise of power as a way in which certain actions may structure the field of other possible actions. What, therefore, would be proper to a relationship of power is that it be a mode of action upon actions. That is to say, power relations are rooted deep in the social nexus, not reconstituted "above" society as a supplementary structure whose radical effacement one could perhaps dream of. In any case, to live in a society is to live in such a way that action upon other actions is possible-- and in fact ongoing. A society without power relations can only be an abstraction. Which, be it said in passing, makes all the more politically necessary the analysis of power relations in a given society, their historical formation, the source of their strength or fragility, the conditions which are necessary to transform some or to abolish others. For to say that there cannot be a society without power relations is not to say either that those which are established are necessary or, in any case, that power constitutes a fatality at the heart of societies, such that it cannot be undermined. Instead, I would say that the analysis, elaboration, and bringing into question of power relations and the "agonism" between power relations and the instransitivity of freedom is a permanent political task inherent in all social existence.[…]In effect, between a relationship of power and a strategy of struggle there is a reciprocal appeal, a perpetual linking and a perpetual reversal. At every moment the relationship of power may become a confrontation between two adversaries. Equally, the relationship between adversaries in society may, at every moment, give place to the putting into operation of mechanisms of power. The consequence of this instability is the ability to decipher the same events and the same transformations either from inside the history of struggle or from the standpoint of the power relationships. The interpretations which result will not consist of the same elements of meaning or the same links or the same types of intelligibility, although they refer to the same historical fabric, and each of the two analyses must have reference to the other. In fact, it is precisely the disparities between the two readings which make visible those fundamental phenomena of "domination" which are present in a large number of human societies.Michel Foucault has been teaching at the Collège de France since 1970. His works include Madness and Civilization , The Birth of the Clinic , Discipline and Punish , and History of Sexuality , the first volume of a projected five-volume study. (shrink)

Latour is a world famous and widely published French sociologist who has written with great eloquence and perception about the relationship between people, science, and technology. He is also closely associated with the school of thought known as Actor Network Theory. In this book he sets out for the first time in one place his own ideas about Actor Network Theory and its relevance to management and organization theory.

Despite the enormous influence of Michel Foucault in gender studies, social theory, and cultural studies, his work has been relatively neglected in the study of politics. Although he never published a book on the state, in the late 1970s Foucault examined the technologies of power used to regulate society and the ingenious recasting of power and agency that he saw as both consequence and condition of their operation. These twelve essays provide a critical introduction to Foucault's work on politics, exploring (...) its relevance to past and current thinking about liberal and neo-liberal forms of government. Moving away from the great texts of liberal political philosophy, this book looks closely at the technical means with which the ideals of liberal political rationalities have been put into practice in such areas as schools, welfare, and the insurance industry. This fresh approach to one of the seminal thinkers of the twentieth century is essential reading for anyone interested in social and cultural theory, sociology, and politics. (shrink)

This book is a broad-ranging history of moral regulation focusing on Britain and the US.

Existing approaches to the relation of law and society have for a long time seen law as either autonomous or grounded in society. Drawing on untapped resources in social theory, Fitzpatrick finds law pivotally placed in and beyond modernity. Being itself of the modern, law takes impetus and identity from modern society and, through incorporating 'pre-modern' elements of savagery and the sacred, it comes to constitute that very society. When placing law in such a crucial position for modernity, Fitzpatrick ranges (...) widely from the colonizations of the Americas, through the thought of the European Enlightenment, and engages finally with contemporary arrogations of the 'global'. By extending his previous work on the origins of modernity, this book makes a significant contribution to continuing developments in law and society, legal philosophy, and jurisprudence. (shrink)

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

Critique has been shaped according to legal protocols and techniques. From Kant to Hegel and Marx, critics have tended to adopt one of the roles available in court procedure. This internal connection is most evident in American CLS of a psychoanalytical nature. If critique recognises itself in the juridical, psychoanalysis asks us to believe in the law. British critical legal scholars have followed a more political and aesthetic strategy, which today may ask us to abandon traditional critique for acts of (...) critical resistance. (shrink)

Foucault is often thought to have a great deal to say about the history of madness and sexuality, but little in terms of a general analysis of government and the state.; This volume draws on Foucault's own research to challenge this view, demonstrating the central importance of his work for the study of contemporary politics.; It focuses on liberalism and neo- liberalism, questioning the conceptual opposition of freedom/constraint, state/market and public/private that inform liberal thought.

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.

It is hard to imagine a threat to international security or a tension within U.S. foreign policy that does not involve the imposition of economic sanctions. The United Nations Security Council has fourteen sanctions regimes currently in place, and all member states of the United Nations are obligated to participate in their enforcement. The United States has some thirty sanctions programs, which target a range of countries, companies, organizations, and individuals, and many of these are autonomous sanctions that are independent (...) of the measures required by the United Nations. Australia, Canada, the European Union, Japan, South Korea, and others also have autonomous sanctions regimes, spanning a broad range of contexts and purpose. Most well-known are those concerning weapons proliferation, terrorism, and human rights violations; but sanctions are also imposed in such contexts as money laundering, corruption, and drug trafficking. States may also impose sanctions as a means to achieve foreign policy goals: to pressure a foreign state to bend to the sanctioner's will, to punish those who represent a threat to the sanctioner's economic or political interests, or to seek the end of a political regime toward which the sanctioner is hostile, to give but a few examples. (shrink)

This article, which should not in any sense be taken to reflect the views of the Editorial Board of Law and Critique, argues that the political project of critical legal studies in England remains overwhelmingly in the future. Lacking academic identity, political purpose and ethical conviction, critical legal scholarship in England has been too insecure in its institutional place and too unconscious of its individual and collective desires to resist absorption into the institution. Critical legal studies – as distinct from (...) feminist legal studies, gay and lesbian studies or critical race theory –has tended to teach and so reproduce the core curriculum in a passive and negative mode. Resistant, ostensibly for historical and political reasons, to self-criticism and indeed to self-reflection upon their institutional practices, critical scholars have ended up repeating the law that they came to critique and overcome. (shrink)

This article attempts to re-establish the importance of Foucault's work for an understanding of the way in which modern law operates. This argument has two stages. Firstly, there is a critique of the interpretation of Foucault's work by legal and sociological thinkers. It is argued that by reading the term ‘juridical’ as synonymous with the term ‘law’ in Foucault, people miss the substance of Foucault's argument. The term juridical describes an arrangement and a representation of power rather than the law. (...) This is made clear through a critique of J. S. Mill's On Liberty which is shown to make a juridical distinction between power and a free space of action which is unsustainable. Secondly, Foucault's genealogy of power relations is recast from the perspective of a legal theoretician. Foucault's history of power relations is constructed from historical differences in the mode of operation of power and discourse. By analysing these differences and their relationship to the mode of operation of law, an account of the place of modern law in Foucault's genealogy is established. Modern law operates between Foucault's concepts of government and discipline. It provides a key way in which government decisions can adjust the relationships between disciplinary institutions. This introduces the idea that law begins to operate in the perspective of the complete lives of individuals rather than just to prevent certain actions. Law, then, operates in accordance with what Foucault calls ‘bio-power’. (shrink)

The central argument of this piece involves the idea that insofar as␣critique, with its two basic tropes of question and judgment, has been central to the ȁ8classical’ configuration of subjectivity, the critical instance ȁ8after’ the critique of the subject is to be found re-situated on a different philosophical terrain where the question of the question is re-thought and the logic of judgment displaced by an ethic of encounter. It is on this terrain that we can then start sketching the emergence (...) of a different set of critical instances: critical ontologies, critical analytics and critical erotics. (shrink)

The problematic reality of an alterity implicit in the concept of communication has been a consistent attestation in formal discourse. The rapport of thought to this alterity has been consistently described as a radical inadequation. By virtue of the communicational economy which produces discontinuity and relation, illumination and the possibility of consciousness, an opacity haunts the famili arity of comprehension. Consciousness' spontaneity is limited by the difference or discontinuity of the exterior thing, of the exterior subject or intersubjective other, and (...) of the generality of existence in its excess over comprehension's closure. An element implicit in difference or discontinuity escapes the power of comprehension, and even the possibility of manifestation. Within the system of tendencies and predications which characterizes formal discourse, however, this escape of alterity is most often understood as an escape which proceeds from its own substantiality: the unknowable in-itself of things, of subjects, and of generality. Alterity escapes the power of comprehension, on the basis of its power to escape this power. That which escapes the effectivity of consciousness, escapes on the basis of its own effectivity. For this reason, the rapport of inadequation described by the escape may function in formal discourse as a correlation. The inadequation of comprehension and exteriority may function as the vicissitude of a larger adequation. The latent principles of this adequation are power and totalization. (shrink)