Several critics of Foucault, notably Alan Megill and Jürgen Habermas, accuse Foucault of being an ‘aestheticist’. As such, Foucault fails to realise that the very appeal to aesthetics is made possible by modernity's rationalization, which offers better resources for emancipation than dangerous aestheticizations. This paper argues that such criticisms mistakenly deploy only certain modernist notions of aesthetics against Foucault. There are some fair grounds for holding that Foucault does appeal to such conceptions of aesthetics in his theorization of transgression, not (...) least because of his interest in modernist, avant‐garde writers and artists such as Roussel and Magritte. Yet, overall, Foucault's interest in avant‐garde aesthetics is not modernist in the sense understood by his critics. Foucault tends to focus on modernist illustration of the absence of foundations for representation and language, adopting a paraesthetic angle of critique. The limiting conditions that make representation possible can be seen in this light as both contingent yet necessary. Foucault's model of critique is developed in his early analyses of avant‐garde art and then expanded to cover subjectivity and the aesthetics of existence in his later philosophical critical ethos of modernity. Foucault uses avant‐garde art as a critical mode of reflection, to analyse and rethink the limits of the present. (shrink)