Please use this identifier to cite or link to this item: http://hdl.handle.net/1893/13080
Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Habermas contra Foucault: Law, Power, and the forgotten subject
Authors: Martire, Jacopo
Contact Email: jacopo.martire@stir.ac.uk
Keywords: Democracy
European crisis
Foucault
Habermas
Identity
Law
Power
Subjectivity
Issue Date: Jul-2012
Publisher: Springer Netherlands
Citation: Martire J (2012) Habermas contra Foucault: Law, Power, and the forgotten subject, Law and Critique, 23 (2), pp. 123-139.
Abstract: The purpose of the present paper is to offer a Foucauldian critique of Habermas’s theory of law and democracy. Quite famously Habermas viciously attacked Foucault’s positions on law and power in modernity. Those attacks will be taken into consideration here in order to show some deficiencies in Habermas’s own reading of modern law and democracy. My suggestion is that the formal nature of Habermas’s communicative approach fails to take into adequate consideration the question of subjectivity formation. More precisely I will demonstrate that Habermas’s own works show a troublesome ambivalence with regards to the possibility that individuals can participate as ‘unencumbered selves’ to the public life of their community. As a consequence his account turns a blind eye to certain dynamics of power in our society that a Foucauldian approach seems more apt to frame and explore.
Type: Journal Article
URI: http://hdl.handle.net/1893/13080
DOI Link: http://dx.doi.org/10.1007/s10978-012-9099-4
Rights: The publisher does not allow this work to be made publicly available in this Repository. Please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study.
Affiliation: Law

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