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<i>The Netherlands.
Job Classification and Merit in the Civil Service </i>

The Netherlands is the only EEC country where Civil Service is based on job classification. The Dutch System proves that the legal statute and the career System are not necessarily linked and that the non-career type System of employment is not incompatible with a career within the Civil Service. The resulting flexibility does not however go far enough towards solving all personnel management problems (e.g., instability among those in the top positions). However, such flexibility makes it easier to adapt to new developments such as eligibility of foreigners, and the use of certain management techniques common to the private sector (attempts to set up pay scales based on merit).

Foucault's analyses of the seventies dealt with a marqued distinction between a strategic model of power and a repressive model of law. As is shown the criticism made by Habermas and Luhmann, this opposition doesn't seem to be too complex nowadays. This work tries to show an understanding wether the last theory of Foucault on the "pouvoir pastoral" can still furnish us with a manner of thinking which is possible to use for the sociological analysis of contemporary juridical practices.