Foucault dopo Brigaglia. Ultra-radicale, pragmatico o pragmatista?
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This paper isolates the three basic steps, in which Brigaglia articulates his reconstruction of Michel Foucault's
discourse on power: a conceptual systematization of Foucault's vocabulary on power; the introduction of the
distinction between the conception of freedom as originality, which Foucault adopts (at least implicitly) in what
Brigaglia calls the ultra-radical phase, and the conception of freedom as authoriality, which emerges in the last years
of Foucault’s life, and which enables innovative interpretations of his discourse on power; the translation of Foucault’s
discourse on power in terms of the so-called dual process theories in contemporary cognitive psychology, and the
reconstruction of the distinction between normative power, disciplinary power, and governmental power from the
point of view of the distinction between controlled and automatic cognitive processes (System 1 and System 2). This
is not a simple re-formulation, however; hence Brigaglia’s work is not only interesting from a historiographical point
of view. The pragmatic Foucault has a wide range of methods, analyzes, and hypotheses to offer to legal theorists and
political philosophers. Moreover, his theoretical speculations do not only find at least some confirmation in
contemporary cognitive sciences, but can also directly contribute to some of the great open-questions in the analytic
tradition of legal theory itself. Many problems still remain, and, consequently, there is no shortage of ideas for further
analysis. This paper raises one doubt about the interpretation of authoriality as a conception of freedom; and then
discusses two risks in reading the distinction between normative, disciplinary and governmental power, through the
lenses of the contrast between System 1 and System 2. Finally, the paper proposes a tentative solution: to interpret
authoriality as a conception of the functions of practical reason
Tots els drets reservats. Reproduït amb permís dels directors del Comitè editorial de la revista "Diritto e questioni pubbliche