MICHEL FOUCAULT

Michel Foucault



Michel Foucault

Introduction

Michel Foucault is one of the central figures of the intellectual heritage of the XX century. However, in recent studies on the history of political and legal doctrines, little attention has been paid to the theory of law and the methodological, historical and legal works of the French theorist. At the same time, Foucault's theory has been highly argued along with the practical significance of Foucault's methodology for the development of legal science. Foucault's views on the state and legal perspectives are of central importance in the concept of "state rationality", which acts as a broad category and expressed in the dominant types of legal, political and social rationality.

This type of rationality in Foucault's doctrine is historic phenomenon, as it creates specific areas of knowledge about the subject and its status in legal science and practice. From the perspective of Foucault, the legal thinking and legal practice is not only mutually different, but also "jointly" form certain types of legal and political rationality, which are interconnected with the political and legal tradition of a particular society. Michel Foucault has developed an integrative theory of state power, which is one of the most popular in the modern political and legal practices and opposed to the formal legal model of power.

Discussion

The general theoretical and methodological orientation of Foucault's theory is an effort to identify conditions for the formation and existence of (implementation) of various socio-legal and political phenomena (government, law, management, punishment), the contents of which are transformed and reproduced as a succession in time (Beaulieu 2006, Pp. 155-171). All this, of course, continues the development of sociological and anthropological schools of law, forms the necessary basis for an adequate analysis of current legal and political processes in a given environment.Moreover, the methodology developed by Michel Foucault is essential for the development of the whole body of jurisprudence, introducing tools to describe the relationship and interaction of the legal consciousness of the subjects (Hammer 2007, Pp. 139-154).

It reflects the different legal phenomena and processes of legal ideas and symbols with the actual practice and current patterns of socio-legal activity of the subjects. In addition, the discourse can reflect not only the connection between consciousness and thinking and subjects of legal practice to the immediate reality, but also the conditioning of the dominant schemes and methodological understanding of law, the state government, as well as their epistemological change and continuity. It should be noted, and the innovative nature of his analysis undertaken by state legal regimes, which he analyzes in the context of the interaction of knowledge (analytic space) and power (the space of power relations).

It is this theoretical system, which allows the emphasis on not only Foucault's methods, techniques and technologies of government, the specificity of certain types of public-power relations, the interaction of law and government, but also a system of knowledge on which they are based and developed that stabilizes (justifying their obvious and indisputable) functioning in society, power relations and ...