Why rethink the human? biopolitics, biopower and the law

Abstract

The current research has emerged from a reflection process on the perspective of the philosophy of law, which extends to the horizons of biopolitics and biopower. The forms of violence that fall on man as a form of domination and appropriation, reducing him to the species of naked life, are objects of analysis in this study. We observe that the crisis in Law is not apart from this reality; coversely, the crisis is the result of this process. In general, this thesis analyzes whether the legal phenomenon can be identified as a legal phenomenon within itself or a political-legal phenomenon. Finally, our proposal resumed the assumptions of the Habermasian communicative reason linked to the idea of popular sovereignty, as the guiding line for a redemocratization of law, established between the facticity and the validity of the Law.