Rights and Government. The Rights of the Governed and the Duty of the Rulers between the Rule of Law, the Enforcement of Law and the Right of the People in Foucault.
DOI:
https://doi.org/10.12957/rqi.2024.86739Keywords:
Economic Rule of Law, Enforcement of Law, Right of the people, Right of the governed, Duties of the rulerAbstract
This article proposes to reconstruct Foucauldian understanding of law based on the relationship with the government and the civil dimension of society. The hypothesis is that the right of the governed demands to be analyzed as the correlate of a duty of every legitimate government, whether popular or not. With this objective, the relationship of the radically economic Rule of Law in its neoliberal variants with the reflection on the Enforcement of Law and the crime market in Becker is addressed. Then, the link between the cost of rights and political will is investigated, which leads to the section on the right of the people to decide on public resources that depend on tax collection, as Holmes and Sunstein demonstrate. Then the duty of rulers is studied as a correlate of both the right of the people and the right of the governed, in light of the reflections during the revolution in Iran. Finally, an interpretation of the rights of the governed is proposed as a correlate and internal limit of any government. To conclude, some reflections on the relationship between law and government are collected in favor of our hermeneutical hypothesis.
Downloads
Downloads
Published
How to Cite
Issue
Section
License
Os Direitos autorais patrimoniais dos artigos publicados pertencem à Revista Quaestio Iuris. A reprodução total dos artigos desta revista em outras publicações, ou para qualquer outra utilidade, é permitida a todos, para que distribuam, remixem, adaptem e criem a partir do trabalho aqui publicado, mesmo para fins comerciais, desde que atribuam o devido crédito pela criação original ao autor e o crédito à Revista Quaestio Iuris pela primeira publicação do trabalho. A Revista Quaestio Iuris obedece aos termos da licença Creative Commons de Atribuição 4.0 Internacional CC-BY (https://creativecommons.org/licenses/by/4.0), em consonância com a legislação autoral brasileira, Lei 9.610/1998.
The patrimonial copyrights of the published articles belong to the Quaestio Iuris Law Review. The total reproduction of the articles of this review in other publications, or for any other use, is allowed to all, to distribute, remix, adapt and create from the work published here, even for commercial purposes, as long as they give due credit for the original creation to the author and credit to Quaestio Iuris Lae Review for the first publication of the work. The Quaestio Iuris Law Review complies with the terms of the Creative Commons Attribution 4.0 International CC-BY license (https://creativecommons.org/licenses/by/4.0), in accordance with brazilian copyright law, Law 9.610/1998.
