Disciplinary discourse rests on norms, not juridical rules

Evidence

This is not to say that you have, on the one hand, a garrulous and explicit system of right, and on the other hand, obscure silent disciplines that operate down below, in the shadows, and which constitute the silent basement of the great mechanics of power. Disciplines in fact have their own discourse. They do, for the reasons I was telling you about a moment ago, create apparatuses of knowledge, knowledges and multiple fields of expertise. They are extraordinarily inventive when it comes to creating apparatuses to shape knowledge and expertise, and they do support a discourse, but it is a discourse that cannot be the discourse of right or a juridical discourse. The discourse of discipline is alien to that of the law; it is alien to the discourse that makes rules a product of the will of the sovereign. The discourse of disciplines is about a rule: not a juridical rule derived from sovereignty, but a discourse about a natural rule, or in other words a norm. Disciplines will define not a code of law, but a code of normalization, and they will necessarily refer to a theoretical horizon that is not the edifice of law, but the field of the human sciences. And the jurisprudence of these disciplines will be that of a clinical knowledge. — Michel Foucault, Society Must Be Defended, 56

Categorization

• DEFINE: Defines the key distinction between juridical rule (from sovereign will) and norm (from disciplines/human sciences) — essential vocabulary for later biopolitics readings.
• XREF: The norm vs. law distinction carries into how Islamophobia operates through normalization of certain bodies and populations rather than explicit legal exclusion. — connects to: The norm is what circulates between disciplinary and regulatory power — Michel Foucault, Society Must Be Defended, 268; Everyday disciplinary micro-practices form the political underbelly of legal norms — Michel Foucault, Discipline & Punish- The Birth of the…, 347; Legal systems rest on customary social rules rather than moral foundations — HLA Hart, The Concept of Law (Clarendon Law…, 56 (+1 more)

Related

• The norm is what circulates between disciplinary and regulatory power (similarity 0.84)
• Everyday disciplinary micro-practices form the political underbelly of legal norms (similarity 0.79)
• The normalizing society combines disciplinary and regulatory norms, not just expanded discipline (similarity 0.78)

Broader Connections

• Everyday disciplinary micro-practices form the political underbelly of legal norms #expands (0.75) — Michel Foucault, Discipline & Punish- The Birth of the…, 347
• Legal systems rest on customary social rules rather than moral foundations #qualifies (0.72) — HLA Hart, The Concept of Law (Clarendon Law…, 56