Law and Transcendence: The Question of Justice [Hardcover]

1. Introduction

2. The Scapegoat: Violence at the Origin  Speculatively Speaking

3.?The Nature of Law and the Function of Origin

4. Justice, Morality and Law: The Hart-Fuller Debate and the Foundation of Law

5.?Transcendence and Immanence and the Problem of Justice as a Substantive Goal

6.?Hannah Arendt and Carl Schmitt: Totalitarianism and the Enemy as Scapegoat. Writing and Law.

7.?Australia Case Study: Justice, Law and the Rule of Law in Early.

8.?Beyond Immanence: Law, Justice and Transcendence in the Philosophy of Emmanuel Levinas.

9.?Conclusion: Justice as Transcendence and Beyond Immanence

Inspired by the philosophy of Emmanuel Levinas, this book shows that for justice to be realised law must be understood to originate in transcendence, rather than in violence, conflict and the sacred  prevalent themes in philosophies of law and the political.

John Lechte is Emeritus Professor in Social Theory at Macquarie University in Sydney.

Inspired by the philosophy of Emmanuel Levinas, this book shows that for justice to be realised law must be understood to originate in transcendence rather than in violence, conflict and the sacred  prevalent themes in philosophies of law and the political.

To this end, the book takes up the case of scapegoating: evident in Carl Schmitts influential theory of the friendenemy dichotomy as the essence of the political, and here considered as a paradigm of injustice. After considering positivist approaches to the law, as well as a case study that considers the question of what it would mean for Aboriginal people to be treated justly, the book shows that pragmatic, positivist and immanent approaches to the law and the scapegoat cannot deal with bad law and cannot provide an insight into tlC*