La retirada de lo jurídico

This paper analyzes the juridical closure in the work of M. Foucault. In the first place, it presents the connection between “Right” and “Power” from the 16th to the 19th centuries in Europe. An analogy is drawn between this connection and the dejuridization in the work of Foucault, both at the historical and the methodological level. In the next place, a question concerning the withdrawal around the Right is outlined, as well as the re-contextualisation of the subject in texts written during the seventies. Furthermore, the notion of “flagrant offense” is reviewed, as well as its connection with the “neutrality”, even in the idea of Popular Court. Finally, we discuss the bond between the philosopher’s post-juridical stand and 20th century neoliberal stands.

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