Juridical limitations on the police state were external, not internal, to it

Evidence

Anyway, I think we should keep it in mind that even if it is true that ra£Son d’Etat formulated and manifested as the police state, embodied in the police state, has unlimited objectives, it is also the case that in the sixteenth and seventeenth centuries there are constant attempts to limit ra£Son d’Etat, and the principle or reason of this limitation is found in juridical reason. But you can see that it is an external limitation. Moreover, the jurists are fully aware that their question oflaw is extrinsic to ra£Son d’Etat insofar as this is precisely that which exceeds the legal domain. — Michel Foucault, The Birth of Biopolitics, 175

Categorization

  • DEFINE: Contrasts external (juridical) versus internal limitation of government — a structural distinction central to the whole genealogy.
  • XREF: connects to: The state of exception is structurally lodged within, not outside, the normative legal order; The Rule of law opposes both sovereign despotism and the police state — Michel Foucault, The Birth of Biopolitics: Lectures at…, 916; Narrow concepts of legal validity fail to prevent official abuse of power — HLA Hart, The Concept of Law (Clarendon Law…, 502 (+1 more)

Broader Connections