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From early in his career Jacques Derrida was intrigued by law. Over time, this fascination with law grew more manifest and he published a number of highly influential analyses of ethics, justice, violence and law. This book brings together leading scholars in a variety of disciplines to assess Derrida's importance for and impact upon legal studies.
This volume gathers together sixteen seminal articles, all written by leading scholars, which articulate and effectuate the influence of Derrida's scholarship on the field of law. The articles included in this collection are underpinned by the authors' shared belief that the intellectual challenges posed by Derrida's work to legal scholarship are as challenging as they are pressing and as profound as they are inescapable. In addition to a thorough introduction addressing salient aspects of Jacques Derrida's engagement with law, this book comes with an extensive bibliography of sources in English. This provides the reader with a carefully selected list of more than one hundred texts, all of which serve as introductory pathways to Derrida's philosophy and in particular to the interaction between Derrida and law. A fine reminder of the trans-disciplinary influence of Jacques Derrida's thought, this landmark collection is destined to generate substantial interest in philosophy departments and law schools alike.
Jacques Derrida: Law as Absolute Hospitality presents a comprehensive account and understanding of Derrida’s approach to law and justice. Through a detailed reading of Derrida’s texts, Jacques de Ville contends that it is only by way of Derrida's deconstruction of the metaphysics of presence, and specifically in relation to the texts of Husserl, Levinas, Freud and Heidegger - that the reasoning behind his elusive works on law and justice can be grasped. Through detailed readings of texts such as To speculate – on Freud, Adieu, Declarations of Independence, Before the Law, Cogito and the history of madness, Given Time, Force of Law and Specters of Marx, De Ville contends that there is a continuity in Derrida’s thinking, and rejects the idea of an ‘ethical turn’. Derrida is shown to be neither a postmodernist nor a political liberal, but a radical revolutionary. De Ville also controversially contends that justice in Derrida’s thinking must be radically distinguished from Levinas’s reflections on ‘the other’. It is the notion of absolute hospitality - which Derrida derives from Levinas, but radically transforms - that provides the basis of this argument. Justice must on De Ville’s reading be understood in terms of a demand of absolute hospitality which is imposed on both the individual and the collective subject. A much needed account of Derrida's influential approach to law, Jacques Derrida: Law as Absolute Hospitality will be an invaluable resource for those with an interest in legal theory, and for those with an interest in the ethics and politics of deconstruction.
Proceedings of the 1982 Colloquium in Cerisy-la-Salle, France.
In The Philosophy of the Limit Drucilla Cornell examines the relationship of deconstruction to questions of ethics, justice and legal interpretation. She argues that renaming deconstruction "the philosophy of the limit" will allow us to be more precise about what deconstruction actually is philosophically and hence to articulate more clearly its significance for law. Cornell's focus on the importance of the limit and the centrality of the gender hierarchy allows her to offer a view of jurisprudence different from both the critical social theory and analytic jurisprudence.
The purpose of this volume is to rethink the questions posed by Derrida's writings and his unique philosophical positioning, without reference to the catch phrases that have supposedly summed up deconstruction.
The author presents a two-tiered analysis that views postmodern legal thought as both a collective intellectual movement, and as the work of particular theorists, notably Friedrich Nietzsche, Michel Foucault, Jacques Derrida, Francois Lyotard, and Richard Rorty. He concludes that even though postmodern thought does not give rise to a normative theory of right that can be used as a framework for deciding cases, it can focus attention on genealogy and discourse, and can empower those who have been denied a voice in the legal system. Annotation copyrighted by Book News, Inc., Portland, OR
For Jacques Derrida, the notions and experiences of 'community, ' 'living, ' and 'together' never ceased to harbour radical, in fact infinite interrogations. In this volume, the paradoxes, impossibilities, and singular chances that haunt the necessity of 'living together' are evoked in Derrida's essay 'Avowing--The Impossible' around which the collection is gathered.
This volume gathers together sixteen seminal articles, all written by leading scholars, which articulate and effectuate the influence of Derrida's scholarship on the field of law. The articles included in this collection are underpinned by the authors' shared belief that the intellectual challenges posed by Derrida's work to legal scholarship are as challenging as they are pressing and as profound as they are inescapable. In addition to a thorough introduction addressing salient aspects of Jacques Derrida's engagement with law, this book comes with an extensive bibliography of sources in English. This provides the reader with a carefully selected list of more than one hundred texts, all of which serve as introductory pathways to Derrida's philosophy and in particular to the interaction between Derrida and law. A fine reminder of the trans-disciplinary influence of Jacques Derrida's thought, this landmark collection is destined to generate substantial interest in philosophy departments and law schools alike.