Abstract

Peter Fitzpatrick’s intellectual relationship with Jean-Luc Nancy centred on the related problems of myth and community. In this article, I will explicate the ‘restlessness of the negative’ that Nancy describes in Hegel, in order to further develop Fitzpatrick’s notion of ‘law as resistance’. Set against the backdrop of myth and community, law can be understood as a community’s fragmentary attempt to explicate its essence. Modern law becomes an artefact of the negative twisting through a community’s attempts to construct itself through a Nancian ontology of ‘being singular plural’. In this manner, one might understand Fitzpatrick’s claim that there is ‘always more to be done’ as affirming the necessity of some extra-formal legality—that is, the political—that must be opened through the resistance wrought by negativity.