The liberal subject of right derives from state sovereignty, not natural drives.

Evidence

Homo juridicus arises from the constituting power of sovereignty, its production of certain kinds of subjects, and the specification of the relation between these subjects and itself as one in which each has some rights. “Liberalism,” Foucault says, “acquired its modern shape precisely with the formulation of this essential incompatibility between the nontotalizable multiplicity of economic subjects of interest and the totalizing unity of the juridical sovereign.” — Wendy Brown, Undoing the Demos, 169

Categorization

  • DEFINE: Clarifies Foucault’s distinction between homo juridicus (derived from sovereignty) and homo oeconomicus (derived from drives).
  • XREF: connects to: Sovereignty produces a will to law rather than a rule of law — Wael Hallaq, Restating Orientalism: A Critique of…, 418; Sovereignty differs from domination by making rather than obeying principles — Wael Hallaq, Restating Orientalism: A Critique of…, 193; Sovereignty fragments into overlapping partial rights to rule. — Achille Mbembe, Necropolitics, 122

Broader Connections