THE INSTRUMENTALIZATION OF LAW FOR BIOPOLITICAL PURPOSES

A LOOK FROM MAX HORKHEIMER

Abstract

This work refers to the theme of instrumentalization of law for biopolitical purposes. The central question that guides the research can be defined as: is it possible to establish a relationship between the instrumentalization of law and biopolitics, in the sense that law can serve as an instrument for biopolitical purposes? Thus, the central objective of the research is to explain the instrumentalization of law for biopolitical purposes. From the theoretical basis of Max Horkheimer, the answer reached is that, from an instrumental reason, any science can be instrumentalized, including law. Instrumentalized law has a strong connection with biopolitics, as it is responsible for the management of human life, and, ultimately, for the policy of letting live, letting die. In order to develop the research reasoning, the work is subdivided into three topics: the first defines a concept of biopolitics according to Foucault and Agamben, the second explains Horkheimer's theoretical contribution and his critique of rationality, and, finally, the the third relates law, instrumental reason and biopolitics, demonstrating the mechanism of the State of exception as a framework for the instrumentalization of law for biopolitical purposes. The methodology is predominantly analytical-interpretive, with research in bibliographic sources.