Droit et totalitarisme : aspects d’une reflexion biopolitique
Law and Totalitarianism: a Reflection of biopolitical Aspects
Author(s): Cosmin Sebastian CercelSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: Arendt; biopolitics; discipline; Foucault; law; modernity; law; sovereignty; totalitarianism
Summary/Abstract: The totalitarian experience exposes violent instrumentalizations and abuses of the legal discourse. For a theoretical gaze that tries to make sense of an ontology of the legal, this experience seems to constantly resist representation. Being inscribed in an intellectual history which endows the legal phenomena a serene, non‐conflictual character, the legal discourse conveyed by totalitarian regimes appears as a rift in the canonical uses of law. It appears, thus, as being subjected to a regression towards a state of pure violence, or reduced to a simple expression of an unbound political will. Our theoretical inquiry tries to overcome this obstacle, by constructing a conceptual framework able to render the life of law under totalitarian rule.
Journal: Revista Română de Drept Comparat
- Issue Year: 2010
- Issue No: 02
- Page Range: 322-339
- Page Count: 18
- Language: French
- Content File-PDF
