Excerpt from The History of Sexuality
“At bottom, despite the differences in epochs and objectives, the representation of power has remained under the spell of monarchy. In political thought and analysis, we still have not cut off the head of the king. Hence the importance that the theory of power gives to the problem of right and violence, law and illegality, freedom and will, and especially the state and sovereignty (even if the latter is questioned insofar as it is personified in a collective being and no longer a sovereign individual). To conceive of power on the basis of these problems is to conceive of it in terms of a historical form that is characteristic of our societies: the juridical monarchy. Characteristic yet transitory. For while many of its forms have persisted to the present, it has gradually been penetrated by quite new mechanisms of power that are probably irreducible to the representation of law. As we shall see, these power mechanisms are, at least in part, those that, beginning in the eighteenth century, took charge of men’s existence, men as living bodies. And if it is true that the juridical system was useful for representing, albeit in a nonexhaustive way, a power that was centered primarily around deduction and death, it is utterly incongruous with the new methods of power whose operation is not ensured by right but by technique, not by law but by normalization, not by punishment but by control, methods that are employed on all levels and in forms that go beyond the state and its apparatus. We have been engaged for centuries in a type of society in which the juridical is increasingly incapable of coding power, of serving as its system of representation. Our historical gradient carries us further and further away from a reign of law that had already begun to recede into the past at a time when the French Revolution and the accompanying age of constitutions and codes seemed to destine it for a future that was at hand.
It is this juridical representation that is still at work in recent analyses concerning the relationships of power to sex. But the problem is not to know whether desire is alien to power, whether it is prior to the law as is often thought to be the case, when it is not rather the law that is perceived as constituting it. This question is beside the point. Whether desire is this or that, in any case one continues to conceive of it in relation to a power that is always juridical and discursive, a power that has its central point in the enunciation of the law. One remains attached to a certain image of power-law, of power-sovereignty, which was traced out by the theoreticians of right and the monarchic institution. It is this image that we must break free of, that is, of the theoretical privilege of law and sovereignty, if we wish to analyze power within the concrete and historical framework of its operation. We must construct an analytics of power that no longer takes law as a model and a code.”
Michel Foucault, The History of Sexuality, Volume 1, pp. 88-90