Resumen de Foucauldian systems for a theory of validity of law
The narrative on power and norms is descriptivelyanalysed, distinguishing for that purpose between the individualsystems in the approach of the author - the prison - that MichelFoucault treated as an example of the disciplinary institutions (afterthe manner of Gofman) that seek in the Foucauldian theory tomould the body and the soul of citizens with the ultimate aim ofregenerating such citizens according to a set social model. Thispaper proposes a marginal approach to the institutions of powerunderstood by us as power apparatuses articulating the relationsbetween the production of knowledge, norms, and modes ofexercising and validating law in Foucauldian theory. However, thehistory of narratives and concerns about crime and punishmentdoes not coincide with the history of actual penal security andcoercion practices. If, on the one hand, the penal paradigms usedthe discourses produced by the social sciences to legitimize theirforms of power, the State activates its own devices on the other, andnot always in accordance with the current paradigms. This paperseeks to lend weight to the descriptive analytical methodologicalaspects of the author’s thinking regarding the prison system as amechanism correlating forces between the law and norms. Thepaper concludes that applying Foucauldian theory to the questionof whether we should continue to be integrated in a disciplinarysociety or if, perhaps, this is an outdated normative paradigm.
