Die Archäologie des ‚besonderen Gewaltverhältnisses‘

Although the doctrine ‚besonderes Gewaltverhältnis‘ is generally considered to belong to legal history, its rights-shortening effects and successors, such as the so-called Sonderstatusverhältnis, are discussed in order to capture functionally conditioned restrictions of fundamental rights in staterun institutions like prisons or schools. But this work argues for a reconstruction following Michel Foucault's discourse analysis. For the doctrine can unfold analytic-critical potential in the context of such institutions with public duties performed on people if it is interpreted as a reality of dependency and shifted in its discursive limitations in order to transport the unequal experience of hierarchy into law.