Dall'estremità meno giuridica del diritto. Michel Foucault e le norme

From the less legalistic extremity of law. Michel Foucault and norms - If we were to go no further than reading Discipline and Punish, law in Foucault would be no more than the expression of a repressive legal order oriented towards punishing deviant behaviour. But this article tackles the French philosopher’s entire output, comparing it with that of Hans Kelsen, Hermann Kantorowicz and Max Weber and demonstrating that this reduction, of law to criminal law and of power to exclusively repressive power, does not take the basic points of Foucault’s thinking into account. The hypothesis put forward here through an analysis of Madness and Civilisation, of Discipline and Punish and of The History of Sexuality, but also of the courses held by Foucault at the Collège de France and his intense relationship with the philosopher and historian of science Georges Canguilhem, assumes the amphibology of norms, i.e. the impossibility of reducing norms to the unity of a common genre, as the fundamental precept for the existence of a normative production that on the one hand articulates the plurality of normative codes existing in relevant fields of application, while on the other establishing communications between them and multiplying the relationships of power between normative codes and fields of application.

Roberto Ciccarelli, Dall'estremità meno giuridica del diritto. Michel Foucault e le norme in "SOCIOLOGIA DEL DIRITTO " 1/2009, pp 101-124, DOI: 10.3280/SD2009-001004