This article provides a critical evaluation of Ben Golder’s and Peter Fitzpatrick’s recent Foucault’s Law, which it characterizes as a decisive intervention into both legal theory and Foucault scholarship. It argues in favour of Golder’s and Fitzpatrick’s effort to affirm the multiplicity of Foucault’s work, rather than treat that work as either unified by a consistent position or broken into a series of relatively stable periods. But it also argues against Golder’s and Fitzpatrick’s analysis of Foucault’s understanding of the law (...) through a conceptual framework borrowed from Derrida, and especially Derrida’s distinction between law and justice. It shows how this approach to reading Foucault effectively transforms some of his more powerful criticisms of the law into defences of justice. In place of this interpretation, the second half of this paper initiates a reading of Foucault’s later work on ethics and the self in the ancient world. It develops the theme of an ethics, or a way of life, that takes shape at a distance from politics on the one side and law on the other. (shrink)

Roberto Esposito (1998; 2002; 2008) examines how immunological apparatuses originally designed to protect communities end up undermining communities. This paper explores comparatively his view on the interplay between community and immunity with Giorgio Agamben’s and Jacques Derrida’s, although in their works these notions appear under other labels. Beyond pointing out their similarities, the paper concludes by analyzing what, in our view, constitute the raison d’être of their ultimate and irreconcilable differences: Agamben’s approach is _antinomic_, while Derrida’s is _aporetic_ and Esposito’s (...) is rather _dialectical_. (shrink)

In Homo Sacer, Giorgio Agamben makes the claim that Kant’s moral philosophy is prophetic of legal nihilism and modern totalitarianism. In doing so, he draws an implicit parallel between Kantian ethics of respect and autonomy, and the authoritarian constitutional theory of Carl Schmitt. This paper elucidates and evaluates this claim through an analysis of Agamben’s assertion that the legal condition of modernity is a nihilistic law that is ‘in force without significance’. I argue that the theoretical continuity between totalitarianism and (...) the Moral Law is the problem of the undecidable, which arises when the empty ground of normative judgment comes to light. (shrink)