Reference : Foucault’s Perhaps: Madness, Suffering and the Interruption of Legal Personality in F...
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Foucault’s Perhaps: Madness, Suffering and the Interruption of Legal Personality in Foucault, Supiot and Hegel
van der Walt, Johan Willem Gous mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Department of Law (DL) >]
Interrupting the Legal Person
Mailey, Richard mailto
Sarat, Austin mailto
Pavlich, George mailto
Emerald Publishing
Studies in Law, Politics, and Society, Vol. 87A
United States
[en] Foucault ; Hegel ; Supiot ; Legal Person
[en] In his work Homo Juridicus, Alain Supiot considers the construction of legal personality by force and virtue of law as a precondition for human liberty. Michel Foucault views this same construction of legal personality – the construction of the subject through strategies of power, he calls it – as a ‘construction’ of liberty that is considerably less free than it is made out to be by the Enlightenment law reform projects proposed by Cesare Beccaria and other prominent eighteenth century law reformers. Foucault’s scepticism vis-á-vis Beccaria and others evidently also implies a critical stance vis-á-vis contemporary humanist understandings of law such as Supiot’s. This chapter will endeavour to explain what is at stake in the difference between these very different conceptions of legal personality by relating it to the problematics of subjectivity that came to the fore in the thinking of Hegel and the German Idealists.

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