Between subjectivity and objectivity: The problem of legal identity in reference with Michel Foucault’s Biopolitics and Governmentality

Abstract

The subject of this paper is the issue of legal identity of human being in reference with the bioethical law in Poland. My purpose is to demonstrate the inadequacy of the present formulation of identity in accordance with both bioethical issues, as well as the Postmodern approach to the law. The first section of this paper focuses on describing the consequences of the crisis concerning human identity in regard with the bioethical law. The second section concerns the Postmodern approach to the legal identity. The following part of the article explores the paradoxical nature of human identity in the context of illusion and epistemic duality of human self (the objective and the subjective perspectives of human life). It appears that bioethical problems of the contemporary world require the solutions deriving from the reflection on Biopolitics and Governmentality by Michel Foucault.