Legal Theory and Criticism: Exploring Knowledge and Power Dynamics

This essay delves into the intricate relationship between knowledge and power within the framework of legal theory, primarily focusing on the theories of Michel Foucault. The introduction emphasizes the importance of knowledge in understanding and applying legal principles, setting the stage for an exploration of how knowledge functions as a source of power in shaping legal systems. The essay then examines Foucault's perspectives, highlighting the interconnectedness of power and knowledge, particularly in the context of juridical and disciplinary power. It explores how juridical power, wielded by judicial bodies, relies on knowledge for effective lawmaking and implementation, while disciplinary power, which involves actions and punishments, also depends on knowledge for its efficiency and impact. The essay further discusses how Foucault's ideas on norms, efficiency, and social punishment shed light on the mechanisms of power in society. The conclusion reiterates the essential role of knowledge in strengthening power, emphasizing that without a proper execution of knowledge, a law or provision cannot come into existence. The essay argues that knowledge plays an essential role in boosting up the power by various aspects, as demonstrated by Foucault's analysis.

Legal theory and critic

Table of Contents
INTRODUCTION........................................................................................3
QUESTION 1.............................................................................................3
CONCLUSION...........................................................................................7
REFERENCES............................................................................................8

INTRODUCTION
“any fool can learn, the point is to understand”(Dillon, Neal,
2015.). It has been rightly quoted by Albert Einstein in context to
knowledge and power. It is very important for any person related to any
field for have proper and precise knowledge about his field. And such
attempt could be made when there is proper learning of outcomes and
proper learning of lessons. Correct knowledge about your area can work
as the power to differentiate between what is right and what is wrong.
The correct from of knowledge helps in application of certain rules and
norms and it is very important for a body to apply specific regulation for
the proper functioning of administration. The following project has a
brief view about the relation between knowledge and power in context
to legal theory. The aim of the project is to enhance the the better
understanding about various theories with the application of law.
QUESTION 1
Law has been considered as one of the most important aspect of
the country as well as the society. It is very essential for the society to
1apply certain rules and regulation and to execute norms for the
betterment of the society.Law always work as the key principle for the
society as they help in protecting the interest of the individual as well
as it shall help the society to get rid of civil as well as criminal wrongs.
To make law in existence was not easy task. There are various scholars
and authors who have propounded many theories regarding the
working of law. When law has been propounded by the scholar then
there are many criticism made by other scholar. When the discussion
reach the final conclusion besides after criticism the a final theory came
in existence. There are various scholar who have propounded theories
1 (Cotterrell, 2013.)
(Golder, 2013.)

regarding law. Michel Foucault was considered as a famous scholar in
regard to law, his theories are basically related with power and
knowledge. There has been great relation shown between power and
knowledge by Foucault. Generally his theories to power and relation are
often connected with social theories. He has presented his innovation
and effective views on social as well as political change which has been
taking place in the society. His thoughts regarding the situation and life
often reflect thoughts related to literature and politics. He has created
and presented many views regarding social norms I.e. law and possibly
the most often quoted part of the Foucauladian legacy is the “analysis
of power relations as fundamental to social relation and our knowledge
of the world and ourselves.”2 when the concept of power and knowledge
has been propounded by Foucault in his theories, there are mainly 2
elements on which he had put emphasis as his main interest.
Subjectivity that is when a person or the individual relate himself in
particular situation. And the other element is when we are with people
and the things around us and mirror ourselves in them. In this way it
can be extracted that the mode of subjectivity has extracted and
determines by double relation that is subject's interaction with itself and
with others.3 The basic motive of providing the theory of power and
knowledge and to establish a relation between power and relation is to
elaborate the functioning. That is when both power and knowledge has
been clubbed together then what shall be the function of subjectivity
regarding the same and knowledge formation. It is right to state that “
this is not old idea that knowledge is power, but rather the converse is
that productive of knowledge which necessarily enhance given modes
2 (Hammer, 2016.)”analysis of power relations as fundamental to
social relation and our knowledge of the world and ourselves”.
3 (Law, Ruppert,) 2013.

of power.” that is when a knowledge has been included in certain idea it
strengthen the power of that particular idea. In context to various kinds
of laws and reforms, it is very important to inculcate various and
numerous knowledge so that the power regarding making and
establishing of law can be achieved successfully.(Peters, 2014.)
Foucault, has propounded various kind of idea which shows a strong
relation between power in law achieved with the perfect knowledge in
law. There are various kind of fields which has been highlighted by
Foucault to to show that when a knowledge has been inculcate in
certain idea specially then such idea became strong and more powerful.
The main motive of propounding several ideal regarding law and power
to is to showcase the productivity and strength of relation between
power and knowledge. The first relation which has been showcase by
the scholar is between Juridical and disciplinary power relation.4 The
innovation in the relation between power and knowledge was inculcate
when such power has been described in context to judicial area. Judicial
power basically refer to power which reside in the hand of judicial body
that is courts, ministry, parliament etc. it is very well known fact that for
the law making judiciary plays a very important and crucial role. All the
laws which are present in the is scenario are because it has been
implemented by the judiciary and for such establishment, judiciary has
to take a view on what are the situation which has been prevailing in
the country or in the society so that a proper form of law can be made.
When an idea became to develop and start taking the shape of a
codified law, it is very important fro the body who are implementing it
to have proper knowledge about it. A proper knowledge shall not make
place for the loophole and while making laws loophole can be
4 (Klabbers, 2013.)

considered as most dangerous threat5. So it is very important for the
body of judiciary that they must have the priori knowledge about the
legal aspect of a particular law. While implementing any provision it is
the duty of the legislation and judiciary to critically analysis the do's and
Dont's of law. There are certain area which has to be covered while a
law is made and to cover that area a proper knowledge shall be there.
The image of the power contain by judicial is considered as sword of
sovereign as it will apply the rights and duties on the individual and
with the lack of knowledge, proper rights shall not be able to implement
on the society. The power of this sword lies in the prohibition, rejection,
exclusion, blockage, concealment or mask. So it is very important to
have a perfection of knowledge in regard to legal aspect so that a
proper law can be framed which will raise the legal rights and duties of
the individual to be considered as human rights and protect the interest
of people6 If proper knowledge shall not be included then a powerful law
will not able to came into existence. The essence of working of Juridical
power cannot be extracted fully if some discipline power will not
implemented on the case or in the scenario. In contract to the juridical
description of working of power are the disciplinary power relation.
Which became the main object of analysis for Foucault7. A knowledge of
judicial can be collected when such powers are lined up in a manner
that is certain disciplinary actions are put into judicial power.
Disciplinary actions generally describe about the possible actions which
has to be taken by the authority in case of particular scenario so it
became an important aspect that knowledge about the action is also
very necessary as it will develop a positive sense regarding making or
5 (Hunt, 2013.)
6 .(Easley, O’Hara, Yang, 2016.)
7 (Niemi-Kiesiläinen, Honkatukia, uuskanen, 2016.)

implementing of law. Knowledge works as key to success and such
success Is achieved when the power is strengthen for which knowledge
is much needed aspect. Power in knowledge, related to disciplinary
action not only develop a positive sense of existence and reward to all
conformers but also punish the people that cannot do not live up to this
norm. it has been a fact that disciplinary actions always judge the
amount of punishment for the wrong doers so it is very important to
have correct and perfect knowledge about disciplinary actions to be
taken so that the right amount of punishment can be granted to the
convict8. There are several ways in which a system get developed and
for the implication of law in particular process, it is very important a
particulate system shall be set up. Foucault had described many ways
of power and such power shall be channelized when there is efficiency
in power. Foucault had described a totally different aspect of norms and
efficiency in context of power. He has invited to consider social norms in
regard to power where several social punishment and the construction
of possibilities have shaped the society and made possible certain9
Foucault had further made a remarkable point in context to norms and
efficiency that rather understanding the panel system of of response
towards the crime e which has been taking place in the society, it is
very important to understand that mechanism of that power. It is very
important to understand the reason behind why a person is being
committed crime. It is not necessary to collect various knowledge about
the laws and reform but is is also important for the body to inculcate
the knowledge about the reason behind commitment of any crime. The
system shall be only developed if there is a proper knowledge about the
response to the power relations, taking advantage of circumstances,
8 (Bacchi, 2012.)
9 structutrization.(Lazaroiu, 2013.)

mixing with the other power relation. So, the discussion regarding the
norms and efficiency had made a very clear point that it is not
necessary all the time that one should focus on the political or rational
agency but it is equally important to focus on the circumstance that
made present power relation. When such circumstances are taken into
consideration then only proper knowledge can be generated by the
there shall be an effective source of power10. It has became a key role
that knowledge is considered very important part of power because it
gave efficiency to the power and enhance or strengthen the power. It is
very well known fact that no power can be exercised when there is no
aim or objective and such objective hall only set by the body if they
have proper knowledge about scenario. Power shall be termed as a
technique or action which individual can engage in. power can only be
exercised and it cannot be possessed and in order to achieve that
knowledge is very important11. A power with knowledge will result into
resistance of a function and in legal theory of its functioning it is very
important to inculcate resistance so that an objective shall be achieved.
By analysis of Foucault it can be clearly seen that power plays a very
important role in the formation of any kind of regulation and norms. It is
very important for any individual as well as for the governing body that
a proper knowledge should be there so that the power can be
strengthen. In context to law power and knowledge plays the role of key
principle. Without a proper execution of knowledge, a law or the
provision cannot came into existence of power12. Through the analysis
of knowledge and power by Foucault it can be clearly seen that there is
deep relation between knowledge and power. They go hand in hand
10 (Peters, 2013.)
11 (Moran, Pallot, Piacentini, 2013.)
12 (Birla, 2013.)

without knowledge the power of a certain entity cannot be established
because knowledge always play essential role in boasting up the power
by various aspects13.
CONCLUSION
It can be concluded from the above project that power is an
essential element for any field and such power shall be strength if it will
be she by knowledge. The following project had made a successful
attempt in explaining the various aspects of relation between
knowledge and power. The project has explained about various theories
which has been propounded by a famous scholar Foucault. He had
explained various theories related to power and how such power shall
be increased with knowledge. The main focus of the project has created
over power in laws and such power shall be increased when knowledge
shall be included.
13 (Douzinas, 2014.)

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