Ground: Zero
Hence, the tenets of liberal positive theory are opposed in Kahn’s book via the recourse to questions of state violence, revolution, terror, and sacrifice as the key political categories that are the platform for a post-foundational constitutional theory and juridical doctrine. That is, what is presented here as the underlying objective basis of the political, instead of Kant’s categorical imperative-as-transcendental judgment, is the immanence of popular sovereignty embedded in the Constitution. Or, if we interpret somewhat freely: instead of the fullness of Kelsen’s foundational law or Ground Norm, the absolute void of Ground Zero.
