By Vincent W. Lloyd (auth.)
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Extra info for Law and Transcendence: On the Unfinished Project of Gillian Rose
Example text
Xii). Here Foucault offers a striking image of a region beyond the law. Like the maneuver he makes in Madness and Civilization, Foucault suggests that we must abandon reason, the ‘logical modalities’ of discourse. What we find when we do this is a region without ‘things’ and without ‘words,’ a region without individuation – a region without law. We now catch another glimpse of the anarchic region at which Foucault hinted in his earlier work, although ‘glimpse’ must be the wrong word because in this region ‘seeing and saying’ have not yet been differentiated.
At first this seems doubtful. The distinguishing mark of positive law – Hart’s version as well as that discussed by his nineteenth-century predecessors – is the separation of law from morals, what the law is from what the law ought to be. Does this not reinforce the diremption that Rose identified between the question of fact and the question of right? If morals are identified with right and (social) facts about law with fact, the positive law theorist certainly affirms a split between the two. But it is not dualisms to which Rose is opposed.
Rose’s descriptions of friendship sound remarkably 30 Law and Transcendence like her descriptions of love. 3–4). Friendship – like love and life – is a process of navigating through social norms, through law. In Rose’s later works, the topic of faith increasingly comes to the fore. This has led one commentator to suggest a break between her early (secular) and later (religious) works (Gorman 2005). But when we closely read Rose’s discussion of faith in The Broken Middle, it becomes clear that there is a strong continuity with her earlier work.