<p>The possibility puzzle as described by Scott Shapiro identifies a challenge to establishing a legal system for the first time, motivating jurisprudence to explain how to escape the seemingly infinite regress whereby any law-making authority must be grounded in legal norms, which are valid and empowering only if created by law-making authority. This article proposes a solution to the puzzle that is based on Martin Heidegger’s idea of originary temporality, which is a form of non-sequential time through which facts and concepts may become intelligible to officials and subjects. According to this solution, it is via originary temporality that officials experience and exercise law-making authority to issue judgments specifying norms—including any foundational law-creating powers—that transcend the sequential temporality assumed by the infinite regress of the puzzle.</p>

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Originary Temporality and the Possibility of Law

  • Rob Tokawa

摘要

The possibility puzzle as described by Scott Shapiro identifies a challenge to establishing a legal system for the first time, motivating jurisprudence to explain how to escape the seemingly infinite regress whereby any law-making authority must be grounded in legal norms, which are valid and empowering only if created by law-making authority. This article proposes a solution to the puzzle that is based on Martin Heidegger’s idea of originary temporality, which is a form of non-sequential time through which facts and concepts may become intelligible to officials and subjects. According to this solution, it is via originary temporality that officials experience and exercise law-making authority to issue judgments specifying norms—including any foundational law-creating powers—that transcend the sequential temporality assumed by the infinite regress of the puzzle.