Chinese Journal of Sociology ›› 2023, Vol. 43 ›› Issue (3): 1-53.

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Rights and Power: The Law Problem in Foucault's Discourse on Governmentality

XIAO Ying   

  • Online:2023-05-20 Published:2023-06-14
  • Supported by:
    This paper was sponsored by the National Social Sciences Fund of China (21FSHA002)

Abstract: The relationship between rights and power is one of the fundamental issues in Western political thought. An "orthodox consensus" has been reached in Western political theories that state sovereignty and individual rights stipulated by laws or regulations are the legitimate source not only of power practice but also of its goal and boundary. However, in a series of lectures in the College de France, Michel Foucault took governmentality as his main theme and made an in-depth analysis of the relationship between knowledge and power from different perspectives. He showed the intricate historical relationship between rights and power, governance and law, and subverted this "orthodox consensus." By combing through the history of European social governance since the Middle Ages, he demonstrated on the one hand that state sovereignty and individual sovereign rights were formed in specific power mechanisms, and, on the other hand, he emphasized that the formation and change of governance techniques—from police to disciplinary power and then to bio-power—was a process of colonizing rights and laws in different ways. And, because of the collusion of knowledge and power, these colonial mechanisms were all the more concealed by the mask of knowledge. In the face of such an awkward situation, Foucault neither opposed governance, rather opposed excessive governance, nor advocated the return of orthodox individual rights and state sovereignty, but emphasized the construction of "new rights". These "new rights" are "critiques", that is, to reveal how power and knowledge conspire and how reason has become the governing mechanism of man in a specific historical context. In the depth of Foucault's soul flickers the light of positive "nostalgia, " and at its source are the Stoic "self-governance" before and after the AD and the German neo-liberalism governance after the World War Ⅱ.

Key words: Michel Foucault, governmentality, rights, law, power, subjectivity