The State and legal otherness

Abstract

Is the state necessary for the rule of law to emerge? Paolo Sandro thinks it is not. I, by contrast, think it is. The reason for my disagreement can be summarised as follows: Sandro misrepresents the contractarian narrative warranting the existence of the state’s right to rule over its subjects. This leads him to conclusions potentially at odds with his concern for legal otherness and, by implication, for the rule of law. My suggestion is that there is no legal otherness, no ius constraining lex, no rule of law, without the state.