This book stems from an examination of how Western philosophy
has accounted for the foundations of law. In this tradition, the
character of the "sovereign" or "lawgiver" has provided the
solution to this problem. But how does the sovereign acquire the
right to found law? As soon as we ask this question we are
immediately confronted with a convoluted combination of
jurisprudence and theology.
The author begins by tracing a lengthy and deeply nuanced
exchange between Derrida and Nancy on the question of community and
fraternity and then moves on to engage with a diverse set of texts
from the Marquis de Sade, Saint Augustine, Kant, Hegel, and Kafka.
These texts--which range from the canonical to the apocryphal--all
struggle in their own manner with the question of the foundations
of law. Each offers a path to the law. If a reader accepts any path
as it is and follows without question, the law is set and
determined and the possibility of dialogue is closed. The aim of
this book is to approach the foundations of law from a series of
different angles so that we can begin to see that those foundations
are always in question and open to the possibility of dialogue.
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