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Norm

1990

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Full-Text Articles in Legal History

Foucault: O Poder E O Direito, Ronaldo Porto Macedo Junior Dec 1989

Foucault: O Poder E O Direito, Ronaldo Porto Macedo Junior

Ronaldo Porto Macedo Junior

ABSTRACT: The idea of crisis of Law that can be found in the great part of the contemporary legal literature is based on a deeper question related to the crisis of the classical concepts of Rationality and Representation. Thies paper shows how the Foucauldian’s analysis of the crisis of the liberal legal rationality explains the advent of new forms of legal rationalities, based on the concepts of Norm and Normality, in the, so called, Social Law. Thues, the main concepts involved in the archaelogy of legal Knowledge and genealogy of legal powers in the Welfare State society are analysed. Finally, …