Anti-Juridicism and the Critique of Law in Michel Foucault
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Abstract
Michel Foucault’s thought is often regarded as anti-juridical because of the historical and strategic perspective that characterizes his analyses, but above all because of his deliberate departure from the tradition of political philosophy concerned with the themes commonly grouped under the notion of political justice. For this very reason, Foucauldian philosophy has been criticized by some scholars for reducing the juridical-philosophical enterprise to an inquiry into systems of positive law. According to Foucault, every historical epoch is characterized by a particular regime of discursivity and by a specific politics governing the constitution and production of truth. Consequently, legal systems cannot be understood independently of the historical configurations of power and knowledge that shape the conditions under which truth is produced, legitimized, and institutionalized.
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