Looking at Law from the Viewpoint of Michel Foucault who “Expulsed Law”

Abstract

In submitting his viewpoint of what is referred to as his discourse on power, Michel Foucault at one point expulsed law （“Expulsion of Law” Thesis） to unfold his original discourse using a method that did not place law as the starting or base point. On the other hand, Foucault also tried to place law back into his discourse on power. In the first half of this Paper, I will reperceive this relationship between power and law from the standpoint of power which is made to be as it is and power that is left to perish. In the second half, I will arrange and sort the concepts Foucault worked with in his latter stage such as governmentality （gouvernementalité）, conduct（conduit）/ counter- conduct（contre-conduit） and self-concern（souci de soi）, and attempt to project their group arrangement relationship upon the process of civil dispute resolution. Thereafter, I will like to guide the Paper to the horizon that calls into question “parrêsia” with regard to law.