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Translated as ‘metanarratives’ in the English translation ofThe Postmodern Condition. Arac argues that “Tall tales” would be a more adequate translation: J.L. Arac,Postmodernism and Politics (Manchester: Manchester University Press, 1986), xiii.
F. Fukuyama, “The End of History”,The National Interest (Summer 1989), 10.
Because domination uses disguises and masks; see Charles Taylor, “Foucault on Freedom and Truth”, inFoucault, A Critical Reader, ed. D. C. Hoy (Oxford: Bail Blackwell, 1986), 70.
M. Heidegger, as quoted by J. Habermas,The Philosophical Discourse of Modernity (Oxford: Basil Blackwell, 1990), 133.
C. Beccaria,On Crimes and Punishments (London: L.F. Newbury, 1775), 8–9.
97.
J. Waldron,Nonsense Upon Stilts (London: Methuen, 1984), 196. Weber's disenchanted view of modern society anticipated the problems of an over-legalised society. Supporters of Charter 88 would answer that by over-legalising the essential political issues of our time a Bill of Rights makes us free from politics and politicians. Against Weber's European pessimism, a more American optimism.
R. Michels,Political Parties: A Sociological Study of Oligarchical Tendencies of Modern Democracy (London: Jarrold and Sons, 1916), 408.
Foucault speaks of apparitions of forms of thought “in which the interrogation of the limit replaces the search for totality...”:Language, Counter-Memory, Practice (Oxford, Ithaca: Cornell University Press, 1977), 50.
C. Schmitt,Political Theology (London: The MIT Press, 1985), 12ff.
See M. Foucault,History of Sexuality, Volume 1 (New York: Pantheon 1978), 144.
The “police seems to occupy an ambivalent role as both a precondition of and obstacle to the emergence of the (sovereign) state”: J.L. Minson,Genealogies of Morals (London: Macmillan, 1985), 104.
For instance, the imposition of a maximum limit of working hours in bakeries inLochner v.New York (1905) 198 U.S. 45.
On the “science of police” in the XVIIIth Century — called then “science of happiness” and “science of government” — see P.L. Pasquino, “Theatrum Politicum”,Ideology and Consciousness 4 (1978), 54.
When J.S. Mill deals with the “proper limits of what may be called the functions of police”, he gives preventive rather than repressive measures as examples:Mill, On Liberty (London: J.M. Dent and Sons, 1931), ch. 5.
Minson,supra n.19, at 102–5
Ireland v.United Kingdom, E.C.H.R. Series A No. 25. See Brendan Mangan, “Protecting Human Rights in National Emergencies: Shortcomings in the European System and a Proposal for Reform”,Human Rights Quarterly 10 (1988), 372 n. 25; see also P. van Dijk and G.J.H. van Hoof,Theory and Practice of the European Convention on Human Rights (Dordrecht: Kluwer, 1990), 445.
Foucault,supra n.18, at 26 ; see also J. Donzelot,La police des familles (Paris: Editions de Minuit, 1977).
Poe v.Ullman, Justice Harlan dissenting. See also the debate between H.L.A. Hart,Law, Liberty and Morality (Oxford: Oxford University Press, 1963), and P. Devlin,The Enforcement of Morals (Oxford: Oxford University Press, 1965).
From Hobbes'Elements of Philosophy, quoted by V. Kahn,Rhetoric, Prudence and Skepticism in the Renaissance (Ithaca: Cornell University Press, 1985), 155.
Kelman's expression, quoted by S. Fish, “Dennis Martinez and the Uses of Theory”,Yale Law Journal 96 (1987), 1773–1800, at 1794.
at 1784.
The modern movement towards lesser degrees of official violence is illustrated by Foucault's Panopticon: “Bentham was surprised that panoptic institutions could be so light: there were no more bars, no more chains, no more heavy locks...”, M. Foucault,Discipline and Punish (London, Pelican, 1979), 202.
J. Bernauer, “Foucault's ecstatic thinking”, inThe Final Foucault, ed. J. Bernauer and D. Rasmussen (Cambridge, Massachusetts: The MIT Press, 1988), 68.
Ecce Homo, “Why I am a Destiny” (London: Penguin Books, 1988).
See N. Luhmann,A Sociological Theory of Law (London, Routledge, 1985), 152.
See R.A. Nisbet,The Sociological Tradition (London: Heinemann, 1976), 21–44.
“It is through the ideal and fictitious that men are governed and societies regulated...The way to assure public safety and social protection is not to overthrow the conception of responsibility, but on the contrary to implant it in the conscience of the masses and strengthen it by every remaining vestige of belief. The conception of responsibility is a principle to be preserved at all costs.” Saleilles, 1913, quoted in D. Garland,Punishment and Welfare: A History of Penal Strategies (Aldershot: Gower, 1985), 186.
See Z. Bankowski and G. Mungham,Images of Law (London: Routledge, 1976), 115–156.
See M. Foucault,L'Ordre du Discours (Paris: Gallimard, 1971), 11–12.
See J. Habermas,supra n.5.
H.L. Dreyfus and P. Rabinow, “What is Maturity? Habermas and Foucault on ‘What is Enlightenment?’, in D.C. Hoy, ed.,Foucault: A Critical Reader (Oxford: Basil Blackwell, 1986).
Conservatives think that only human rights can protect “the right of property and private economic activity” against the “thin stew of social justice” (Lord Joseph, as quoted in P. Wallington and J. McBride,Civil Liberties and a Bill of Rights, (London: Cobden Trust, 1976), 139) and against interferences with a free labour market, such as “trade union legislation” (Lord Hailsham, inThe Times, 19 May 1975). They are not Burke's conservatives, who rejected the very idea of human rights as a metaphysical illusion, but belong to a new age, in Burke's words, the age “of sophisters, economists and calculators”:Burke, Reflections on the Revolution in France (Brighton: The Harvester Press Ltd., Hill's edition, 1976), 358.
Hoy,Foucault, A Critical Reader, supra n.52, at 120.
The common experience in liberal societies, at the end of modernity that Unger describes as “the sense of being surrounded by injustice without knowing where justice lies”, R. Unger,Law in Modern Society (New York: Free Press, 1976), 175.
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Principal Lecturer in Law, South Bank Polytechnic. I am grateful to Costas Douzinas for his valuable editorial comments, which helped me clarify some of the issues.
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Gaete, R. Postmodernism and human rights: Some insidious questions. Law Critique 2, 149–170 (1991). https://doi.org/10.1007/BF01128675
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DOI: https://doi.org/10.1007/BF01128675