Ąstatymų Funkcijos Interpretacija M. P. Foucault Teisés Filosofijoje
The Interpretation of Function of Positive Law in Legal Philosophy of M. P. Foucault
Author(s): Vytis ValatkaSubject(s): History of Law, Social Philosophy, Philosophy of Law, 19th Century, Sociology of Law
Published by: Visuomeninė organizacija »LOGOS«
Keywords: Foucault; positive law; modern disciplinary society; antidisciplinary law;
Summary/Abstract: This article analyses interpretation of functions of positive law involved in legal philosophy of Michel Paul Foucault. The author of the article focuses on the way in which Foucault explained the positive law of premodern and modern societies. The article comes to conclusion that Foucault regarded positive law of premodern society (that is, society of Middle Ages, Renaissance and New Ages) as a tool to validate supreme royal power, no matter whether it is absolute or limited. Meanwhile positive law of modern society of the XIXth and XXth centuries was presented as a force formally legitimizing the supreme power of State as civil community. Nevertheless, the real function of that modern law was revealed as an establishment of unlimited net of repressive local disciplines within society. According to Foucault, modern positive law fixes modern disciplinary society by hiding local disciplines from individual and public sight under the veil of State as Sovereign.
Journal: LOGOS - A Journal of Religion, Philosophy, Comparative Cultural Studies and Art
- Issue Year: 2008
- Issue No: 57
- Page Range: 75-82
- Page Count: 8
- Language: Lithuanian