This contribution looks at the phenomenological thread that holds together Lindahl’s argument and traces its origin back to Husserl. It asks whether the reliance on the structures of collective intentionality is a necessary component to legal phenomenology and whether it puts Lindahl at odds with other phenomenological approaches such as Marion’s. It also asks whether the notion of ‘a-legality’ can sustain its position as a third value vis-à-vis the code difference of the legal system, in other words whether it can play the role of a ‘rejection value’, or whether it is in-stead committed sooner or later to collapse into the negative pole of the legal/illegal coding of the law.
