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.