University of Michigan Journal of Law Reform Volume 43 2010 Separation of Law and State Talia Fisher Tel Aviv University Law School Follow this and additional works at: https://repository.law.umich.edu/mjlr Part of the Law and Philosophy Commons, Natural Law Commons, and the Rule of Law Commons Recommended Citation Talia Fisher, Separation of Law and State, 43 U. MICH. J. L. REFORM 435 (2010). Available at: https://repository.law.umich.edu/mjlr/vol43/iss2/5 This Article is brought to you for free and open access by the University of Michigan Journal of Law Reform at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in University of Michigan Journal of Law Reform by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact
[email protected]. SEPARATION OF LAW AND STATE Talia Fisher* In the framework of the jurisprudential literature, the law-state bond is assumed as a given. Points of dispute emerge only at more advanced stages of the discussion, with respect to such questions as the duty to obey state law or the appropriate extent of state inter- vention in social relations. This Article will be devoted to a reconsideration of the presupposition of the law-state link and to challenging the state's status vis-A-vis the law-both in its role as the producer of legal norms and its capacity as the arbiter of disputes. The Article opens with a comparative elucidation of the Hobbe- sian and Lockean justifications for the existence of the state and its intervention in the law.