The misfortunes of the infra-juridicity. The analysis of norms from Focault to Yan Thomas

Abstract

This article looks at Yan Thomas’ approach to legal history from a philosophical perspective. I argue that Thomas' most characteristic contribution lies in redefining the opposition made by Michel Foucault between legal forms and political technologies. Whereas Foucault's conception of “normalisation” tends to draw a sharp line between the two realms, Thomas' understanding of “legal apparatus” and “operations”, as instantiated in his analysis of the Roman law of tombs or possession, reveals that “infrajudicial” facts can pervade legal categories.