ABSTRACT
In a philosophical sense to eliminate foundational mythologemes and to expose the authentic limit of law is not to posit anew a relation of law and power (of law and justice) or to delineate a more radical freedom of constitutive power (in the name of ‘the people’ as in ‘popular sovereignty’). The problem lies with the structure of the foundational mythologeme of law as such, rather than with the function of law in setting limits and drawing differentiations. ‘Justice’, too, is not to be posited as yet another unparticipated transcendent realm, a negative echo of ‘another’ (postmodern) form of justice ‘to come’.1 Instead, justice is the provisional sign, here, for the appearance itself of what there is, beside the law and within the law: it is pure potentiality properly conceived.
