Abstract

QUINCHE RAMIREZ, Víctor Alberto  and  QUINCHE RAMIREZ, Manuel Fernando. Foucault y el análisis genealógico del derecho. Estud. Socio-Juríd [online]. 2006, vol.8, n.2, pp.29-43. ISSN 0124-0579.

This paper presents a foucaultian reconstruction of the field of law, based on a general genealogical analysis of the relations between knowledge and power, following the central theses of Discipline and Punishent: The Birth of Prison, and Truth and Judicial Forms. In this sense, the present work considers that historical registers are no longer the place of truth, but spaces from which discourse, previously concealed by a series of practices, emerges. This discourse reveals that concrete and private powers, and not a single power, construct legal knowledge and practices. In this way, legal forms and developments are not explained by processes of rationalization, but are rather the result of a complex political process that implicates the total domination of bodies.

Keywords : Foucault; Legal thought and Foucault.

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