Tiedon oikeudellinen muoto. Huomioita Foucault'laisesta oikeusfilosofiasta

The Juridical Form of Truth

The essay addresses the possibility of a philosophy of law within the theoretical presuppositions of Foucault's power-analytics. The central text of the essay is Foucault's lecture on truth and juridical forms from 1973 in which he analyzes in detail certain juridical practices that are later taken up as matrixes. Five individual matrixes are identified in Foucault's work of the 1970's: the trial, the measure, the investigation, the examination and the confession. Only the last two correspond with what Foucault called disciplinary power and its specific ways of manifesting truth. It is presumed, then, that the remaining matrixes correspond with modes of power-knowledge anterior to the disciplinary power that Foucault's power-analytics is usually associated with. From a succession of different modes of power-knowledge, Foucault seems to be writing a comprehensive history of systems of thought, an enterprise that he gave himself as he was appointed professor at the Collège de France in 1970 but which he, nevertheless, later abandoned. It is also noteworthy that, in the writing of such an history, juridical practices play a central role. A reconstruction of Foucault's abandoned project opens uncharted possibilities for a Foucaultian philosophy of law.

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