This seminar offers a perspective on juridification by way of approaching it through the prism of Michel Foucault's analysis of forms of government, which map and conceptualize the historical changes that the exercise of political sovereignty has undergone historically. The juridification discussed is primarily the constitutionalization of the exercise of political sovereignty in relation to the economy that has occured in large parts of Europe during the last few decades, but to some extent also the massive legislation that has taken place ever since the eighteenth century, and with particular intensity since the emergence of the welfare state.Moreover, this seminar analyses Foucault's account of the role of law in the exercise of political sovereignty. The question in focus here is whether Foucault's accentuation of the role of law in the contemporary exercise of political power in the lecture course that he delivered at Collège de France in 1979, revised his earlier, notorious, argument from 1976 about the diminishing significance of law in modernity, or if it rather suggested that the tendency towards law's decline was itself reversed by the end of the twentieth century. It will be argued that if we keep in mind the dual character of law as an instrument for the exercise of political sovereignty as well as a limitation thereof, we will see that the differing ways in which Foucault has described law's relation to the exercise of political sovereignty captures actual historical shifts in this relationship.Leila Brännström is a postdoctoral research associate at the department of Law, University of Lund. Her current research examines the changing notion of discrimination in the Swedish context.
|Room/theatre:||Room 608, Level 6|
|Building:||Melbourne Law School|
|Address:||185 Pelham Street, Parkville|
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11 Jun 2013