As teorias da soberania: uma análise a partir de Foucault

Abstract

This article aims to understand the insufficiency of the legal theories of sovereignty to understand the emergence of the modern State from the work of Michel Foucault. Thus, from a bibliographic analysis of the courses In defense of society, La société punitive, Security, territory and population and from the written Discipline and punish, it intend to exam, by an critic method, the foucaultian appreciation of the sovereign theories. For this, it is intended, first, to evidence the way in which an analytic of power must be made according to Foucault. Then, it will be treated as certain legal theories disregard the precautions of method that an analytic of power must follow and, therefore, the reason why they are not able to understand properly the modern emergence of the state.