Sovereign and Disciplinary Power. Codification from a Foucaultian Viewpoint

Abstract

This essay presents the context of codification that occurred after the French Revolution, questioning the traditional idea of it as an emanation of sovereign power, following the guidelines of disciplinary society developed by Foucault. For this purpose, it analyzes the debate regarding the completeness of the legal order, and based on the study of the foundational category of non-imputability – pertaining to criminal law dogma- it seeks to demonstrate the lack of autonomy and coherence of codified law for solving categories of disciplinary power, in contradiction with the sovereign theory of Hobbes.