Disciplinary Power And Law

Based on the overall judgment for the liberation goal of the modern legal science and stood on reconsidering the having research results of the right-liberation mode of the post-modern legal science,this article mainly cares about the question that how the conditional rules have produced us and have an effect on our body;as well as how we can be separated from the limitation which have established by these rules,then in the whole criticize the postmodern ponder pattern.This article oversteps the disciplinary limitation of the legal science and selects the scholar,just as Foucault who has the unique interpretational contribution in the methodology and the epistemology,then carries on the "different" research and centers on "the disciplinary power theory".Foucault also realizes the conflict brought by the traditional authority thought:in the social practice,the criticizing movements accompanying with the modern legal science lose the direction,namely the movement leaders regard the law as the legalized oppressive tool implementing the difference treatment,thus who repeatedly try to stress the rights which have been limited and neglected by the traditional law so that wish to achieve the person's equality,but in the end they just emphasizes on the particularities of these communities with another kind way.If we are only carrying on so-called liberation movement with the different right name,then the movement just can only be one self-restraint movement.Foucault has no longer depended upon these prepared rules to cry out in his lifetime,but has pondered the Nietzsche's important proposition:Whether the common sense does not need us question? How do they become the thing which does not need to ponder in our life? How do these "constituted rules" have an effect for us? With the disciplinary power research,Foucault has demonstrated how the modern disciplinary techniques have mechanized the human's present appearance step by step.According to this view,differencing from the modern legal science critique,Foucault has not adopted the negative-or-affirmative analysis way completely.Not thoroughly against the freedom,fairness and the welfare given by the modernity,but he tells us the operation patterns of the modernity which have only established through the hypothesis rules of the law in its scope and boundary.Foucault's disciplinary power thought teaches us to question the legal progressive view,the legal freedom and the equal finiteness,on the other hand also promulgates the various constrains added to the law by the power. That is,when the people have thought the modern legal science is more and more humanized,Foucault instead has thought the limitation and affect in the historical progress.When the people want to acquire the person's liberation with the fight pattern,Foucault actually pointes out that the legal pattern also is the authority sovereignty pattern,which has not been able to surmount the suppressive logic.Foucault uses the genealogy method,which is separated from the modern time and will change the seeking innovative pattern to the pursuing what possibly to be lose in our up-growing progress.The genealogy is one kind of the analyzing method related or referred to the events and relations,which goes away the surface-and-depth pattern and the causes-and-effects pattern used in the modern theory,and also which differences from the positivism and the historical teleology,so it is not to seek the social event's continuity and the great historical identical narrative way,but attempts to carefully examine the each kind of social domain from the microscopic angle,especially paying attention to these things having been forgotten by the history and also were un-understood and excluded by the social discourse in the authority edge.This is precisely the Foucault's important methodological contribution and also is the creative critique and the reconsideration significance of the discipline studies.Foucault does not stop making the caution with his theory:in theory how do these ideas formed which are called as the fight and the good ideas and how do they established or pursued by us;in practice process,whether we already to change their significance and whether we have turned the good practice to our unknown or "unrealized" practice?Therefore,this article of the disciplinary power and the law divides into five chapters.Because the Foucault's academic thought is very completive,in the first chapter differencing from the traditional analysis pattern,the author has thought that the three times of the Foucault's theory have the incident correlations,but not opposite relation.Because this article mainly makes attention to the Foucault's discipline power thought,therefore we needs firstly to put Foucault in the entire academic background,so we tries to find the truly established rule of disciplinary power in his whole modern critique position and pointes out the Foucault's theory process,then will not wholly misunderstand Foucanlt's disciplinary power theory.Afterward in the second chapter the author has pondered why Foucault can discuss the disciplinary power.Through studying the disciplinary power, Foucault wants to tell us that the tradition power pattern will cause possibly the theoretical essentialism,as well as in reality it also will produce totalitarianism: the Auschwitz phenomenon.Therefore,we can say that Foucault has made the new contribution in the power research:He does not want to seek the power's essential principle,but to find how to operate the power with the genealogy method.The third chapter analyzcs the meaning and the implication of thc disciplinary power represented by "the panoptical prison".The surveillance, the standardizing adjudication and inspection have merge wholly the power into the general inspected tcchnology with the bodily,spatial and the knowledge controlling means,thus no longer have considered thc power as the traditional suppressive power but have deemed as the productive power,which made the society more security and strength and also made the power operation mechanism becoming more importantly stronger,so has being thc life power united with the capitalism which arisen in the 18th century.In the fourth chapter,emphatically reconsidered the difficult position of the Foucault's disciplinary power thought and found the possibility,we mainly has explained the revolting possibility,namely,when Foucault has taught the modern difficult position which hidden in the life,also has faced us the difficulties how to depart from the disciplinary society.We believe that in the Foucault's later period the esthetic-ethics stage which indicates how the human being have developed themselves does provide the answer for the revolting possibility question form this question.Therefore,the significance of the Foucault's disciplinary power thought not only lies in teaching the significant relation with the modern society,moreover,more importantly finds a new pondering space,namely,the living possibility and the living consciousness.Regarding this,in the fifth chapter,based on the expounded life's governmentalitical characteristic,the author analyzes the freedom,the equality as well as the progressive idea of the legal theory which hidden in the disciplinary power mechanism in the construction process of the modern society which caused these value limitation;Simultaneously we point out that the law depends on the disciplinary power twined with the construction process of the modern society,then mutually achieves to the life governmentalitical goal,and this kind of life governmentity is the basic essential factor which the modern governmentalitical technique can realize,simultaneously is also the foundation which the modern law can realize;with revealed of the living connotation of the legal governmentality and questioned the objectivity existence and the validity of the legal science,we can find out that the legal science objectivity words will possibly cover the legal historical-politics words, thus will encourage us to seek for the legal historical-political words;finally with the indication of Foucault's disciplinary power,we also discover one relational explanation pattern,which may promulgate the things that covered by the modern legal discourse,then we can see all quarters of the speakers,in the end causing us to detect the question clearly.Finally,in the conclusion part,the author points out two contributions of the Foucault's disciplinary power thought related to the modern legal science: from the methodological angle,parting from the legal-illegal patterns, introducing the genealogical method,we should pull the modern legal science vision back to the historical-political angle,then lets us see the historical-politics discourse of the legal science;Furthermore,we point out that the life of the rule of law is only one possibility,but is not our completely living significance,so we must dare to understand the living process and space which possibly founded with the kind of living esthetical thought.