ABSTRACT
This chapter addresses the question of the relation of the individual to the state and invokes Hegel, the preeminent philosopher of relationship. Hegel believed that relationships are real and that everything else is a mere consequence of relationships. The piece of litigation strategy appeared to produce the desired effect. Hegel believed that persons create legal norms as rules for their interactions with other persons. Unlike the legal positivists who see law as emanating from the legislature at the top and commanding individuals at the bottom, Hegel saw law arising from the bottom, out of the everyday interactions of persons. Courts, for Hegel, are subordinate and incidental to human interaction.
