Foucault’nun İktidar Sorunsallaştırmasında Hukuk ve Haklar
Law and Rights in Foucault’s Problematization of Power

Summary/Abstract: This study discusses law and rights in the context of Michel Foucault's problematization of power. Foucault, especially in his early theoretical works, criticizes law and human rights within the framework of power practices. In this context, he draws attention to the regimes of truth and power mechanisms in which the subject is produced. In his late political discourses, he emphasizes the importance of the struggle for human rights. This study argues that there is no radical rupture between Foucault's early and late period and claims that his positive approach to law and human rights does not contradict his general thoughts. In Foucault's thought, rights are not elements bestowed on human beings through a transcendent power, nor are they metaphysical certainties that one is born with. Rights are political practices of performative character that are not based on a particular idea of human nature or humanity, but rather come into being and interact in strategic practices.

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