Abstract

A stationary eddy that constantly re-forms in the riverbed of the evolution of Western normative institutions, Legal Critique dates back, beyond modernity, to the beginning of the so-called Common Era. But critique also shapes the historical review of earlier phases of this evolution, and this not only as a method of the examination of sources, but also as a transferential displacement that tends to project into history the divides and aporias which define a present political situation. Unsurprisingly, this proceeding betrays more about current conceptions than it reveals about those of the past. The fate of the philosophical topic of immanence and transcendence and that of the proto-modern politics inaugurated by the distinction of God’s absolute versus ordered power offer a significant case in point. Certain critical orientations find in the long and complex history of these divides merely their own anticipated echo. Yet, the split between the adepts of an Aristotelian universe rooted in the being of the good and the followers of Spinoza, accustomed to absolute power and immanent causality, resists such simplifications and warrants a new examination.