The Nature of Law and the Function of Origin

This chapter pursues the question of what law is in a Western context with a view to showing how law and justice are, or are not, achieved. Aspects of the general history of Western law will be invoked – especially as set out in Berman (2000). Although, initially, we will refer to the law in general, the figure of the scapegoat reminds us that the underlying basis of our inquiry is the issue of the law as regards justice and injustice, the promotion of good over bad laws, and the valorisation of the other as opposed to the self (Levi-nas). According to Plato’s point as expressed in the Laws ( 1980 ), there are no ‘good’ or ‘bad’ laws in themselves; for there is no law without a lawgiver or legislator, whether human or divine. 1 As such, there is no positive or statute law that does not come from human will. 2 But if there are to be good laws – if justice is to prevail – there must be a law, I will argue, that transcends the legislator’s law.