ABSTRACT
In this essay, we offer a review of the critical positions of the Foucaultian archaeological project. We propose, in a first instance, to pick up aspects that we believe are central to his concern for the event of discursive practice and we suggest modest interpretive drifts that put post structuralist contributions on knowledge and power at the service of critical analysis of legal discourse. In a second instance, we briefly describe the positive nature of discursive practice in prescriptive fields and offer a theoretical framework capable of adapting the theory of discursive formations to the discursive fields that do not construct subjects but in contexts of confrontation and dispute. Our proposal, in short, pretends to be a contribution to extract the consequences of considering the fields and discursive spaces like grammars that normalize juridically the emergent discourse but that do not annul, by this, its contingent character.
Keywords:
The Archaeology of Knowledge; Foucault; legal discourse; agonistic discursive field; Origin and regularity