Foucault e il governo del giudiziario

This paper intends to show the heuristic potential of Foucault's research on the judiciary in relation to the current framework of the government by judiciary. From the definition of the problem in Foucault's work, and by understanding the notion of government in a wide semantic sense, beyond legal architectures, it is argued that Foucault allows rewriting the debate on the government by judges. By placing jurisdiction in a long-term history, in relation to other powers and knowledge competing in the definition of social mechanics and therefore in its regulatory and constitutive function within a specific form of political rationality, Foucault shows the politics of judicial function for the fact that the judge plays a role that is not so additional to the political, as constitutive as to the social. Since the space of the process is one of the places where one can decide on the strategic game that can prelude a re-articulation of a regime of truth, it is appropriate to question in this direction the rise of the judicial governmentality in the current pluralistic framework, in order to problematize what is now consolidated in a common sense, namely the expertising as the outcome of our moral history.