Beyond the confines of the law: Foucault’s intimations of a genealogy of the modern state

Philosophy and Social Criticism 46 (6):651-675 (2020)
  Copy   BIBTEX


The general claim advanced in this article is that Foucault’s genealogy of the modern state traces two ideal-typically different power arrangements at the origin of the modern state, roughly referred to as ‘sovereign power’ and ‘governmentality’. They are ideal-typically different in that they operate according to a different logic, including different ends, means and modi operandi. The more specific claim, then, is that due to this different logic, their ever changing interpenetration on the level of the state is imbalanced. In order for ‘governmentality’ to operate according to the law, it must be backed by the juridical frameworks provided by sovereign power, but then again these juridical frameworks prove inadequate and insufficient to curb ‘governmentality’s’ operational procedures as well as the modalities and intensities of its implementation. In other words, in his genealogy of the modern state, Foucault tracks down ‘governmentality’ as a distinctive form of power which, although intertwined with the state, cannot juridically be contained by the state. It cannot be appropriately restrained by its legal regulations and, as such, constitutes an excess vis-à-vis those regulations.



    Upload a copy of this work     Papers currently archived: 91,088

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

In memoria di Leviatano. Un esperimento con Foucault.Michele Spanò - 2015 - Scienza and Politica. Per Una Storia Delle Dottrine 27 (52).
Between governance and discipline: The law and Michel Foucault.Tadros Victor - 1998 - Oxford Journal of Legal Studies 18 (1):75-103.
Foucault on politics, security and war.Michael Dillon & Andrew W. Neal (eds.) - 2008 - New York: Palgrave-Macmillan.
Pastoral Power and Governmentality: From Therapy to Self Help.Alistair Mutch - 2016 - Journal for the Theory of Social Behaviour 46 (3):268-285.


Added to PP

17 (#765,400)

6 months
4 (#404,301)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

References found in this work

Security, territory, population: lectures at the Collège de France, 1977-78.Michel Foucault - 2007 - New York: République Française. Edited by Michel Senellart & Arnold Ira Davidson.
Homo sacer.Giorgio Agamben - 1998 - Problemi 1.
The hermeneutics of the subject: lectures at the Collège de France, 1981-1982.Michel Foucault - 2005 - New York: Palgrave-Macmillan. Edited by Frédéric Gros, François Ewald & Alessandro Fontana.

View all 37 references / Add more references