Power Control, The Laws Of Freedom

This paper attempts to discuss the bio-politics theory of Foucault's. Hefocused on the archaeology of knowledge and the genealogy of power at hisearlier stage. But he turned to the existence ethics at his later stage. The viewpointof this article is that he didn't change his interest all his life——how the subject comeinto the game of the truth, and how the subject can get an artistic life beyond thenet of power.《Annotation of Subject》is a lecture of Foucault's in France collegefrom 1981 to 1982. In this book he didn't only focus on power and knowledge, butturned to the art of cultivating one's moral character from ancient Greek toDescartes, that is "epimeleia heautou". He said again and again that all his work ison "how the subject come into the game of the truth", so he is an ethics scholarstudying about subject and the truth .He put the study of the law of moderncountry in his genealogy of power study. In his view, Foucault treated law as theexpression of big power, and law is only an expression of the truth. In the law, thecountry combines power and the truth well. Of course, this is only the technology.So this paper attempts to explore the law problem and power problem inFoucault's bio-politics theory in the angle of a law learner, and also try to showhow the modern people who live under the control of law can resist the power.This article gives a simple analysis of《Annotation of Subject》and the importantconcept "epimeleia heautou" and the concept "micro-power" in《Discipline andPublish》.This article has about 25000 words, consisting of foreword,main body andconcluding remarks, with the clue of power,truth and bio-politics in Foucault'sworks, and try to find the law theory in his works.The first part of this article analyses the micro-power theory of Foucault's,involving the penalty power and how micro-power control our people in modernsociety. This part is the theory basis and the logical basis.The second part is about the truth theory and law theory of Foucault's,revealing the law as an expression of power technology, pointing out how the lawtake the place of the truth under modern state and how the law become atechnology controlling people's body and head. The third part analyses the concept "epimeleia heautou" and how the subjectcome into the game of the truth, and also points out that "epimeleia heautou" is away to resist the power. This way is on the base of single person, and it's of edge,personal,smashing scattered. This way also accords with Foucault's usual studymethod.In the concluding remarks, I summarize the law theory of Foucault's and givesome way about studying his works in the angle of law, and point out theenlightenment of Foucault's theory to our modern China.