Revista de Sociologia, Antropologia e Cultura Jurídica (Oct 2016)
THE LIMITS OF FOUCAULT IN THE SOCIAL CONSTRUCTION OF THE LAW
Abstract
The study hereby proposed evidences problematic issues on the thought of Michel Foucault, especially regarding the Law Theory. The arguments deployed reverberate the discussion held between Foucault and Habermas. At first, the paper seeks to highlight aporiae and hypostasis of Foucault's thought tensioned on the problems hereby shown. After the paper denounces flirtations of Foucault's work with the irrationalism and the problems of this intellectual attitude towards the neo-Kantian and Hegelian civilizational demands. Finally, the paper retains to an eventual filiation of Michel Foucault to Post-Modernity and the consequences of this for the legal thought.
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