O problema do direito novo em Michel Foucault: entre a resistÃncia e o Fora / The problem of a new form of right in Michel Foucault: between resistance and the Outside

AUTOR(ES)

JoÃo Freitas de Castro Chaves

DATA DE PUBLICAÇÃO

2006

RESUMO

The subject of this work is the proposal of a new form of right, as indicated by the French thinker Michel Foucault in one of the lectures of the course Society must be defended in 1976. Considering antiquated the present comprehension of Law, the author suggested the research of a new approach for this question, towards an antidisciplinarian Law, but also free from the principle of sovereignty. The absence of further enlightenment by Foucault about his proposal and its consequent abandon promoted a division. On one hand, some say that this new form of right is almost useless for the legal theory. On the other hand, some believe that it is possible to develop this new form of right as a critique to current legal thought. To answer this dilemma, this work has as first aim the connection of this new form of right with other of Michel Foucaults Law citations, before and after 1976. After that, the second aim is to understand which general traces of the authors work justify the proposal of a new form of right, supposing that they would be responsible for the difficulties of its explanation. As for the first aim, the reading of Foucaults books, courses and other texts reveal that he never had any special attention regarding Law, and did not intend to create a general vision of this subject. More than that, the 1976 proposal of a new form of right was not revisited by the author and became a forgotten point in his work. As for the second aim, the research identified that the new form of right is a consequence of, on one side, the foucaldian effort to produce a resistance capable of escaping from power relations and thus from the expected resistance paradox, and, on another side, of his strong appeal for the Outside, as described by Gilles Deleuze. As it is impossible, in Foucaults philosophical project, to admit a knowledge beyond the knowledge, disconnected from the historical power relations and based on a resistance from the Outside, the conclusion is that this new form of right is an impossible hypothesis. In any case, in spite of revealing significant traces of Foucaults thought, it cannot be developed in pure foucaldian terms

ASSUNTO(S)

direito resistance outside new form of right fora resistÃncia direito novo

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