Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-r5zm4 Total loading time: 0 Render date: 2024-06-18T11:26:39.307Z Has data issue: false hasContentIssue false

Chapter 9 - Derrida and law: legitimate fictions

Published online by Cambridge University Press:  22 September 2009

Tom Cohen
Affiliation:
State University of New York, Albany
Get access

Summary

Three texts, one law. Or equally, three texts, no founded law, or an unfounded law of anti-foundation. The three texts of Derrida's I am going to base my comments upon are some of those which most overtly, or most directly deal with the question of law. I make this distinction between texts simply for the sake of convenience, since in my view many of Derrida's works in one way or another deal with the question of law. However, those I am here concerned with all name law – “Devant la loi,” “The Law of Genre,” “Force of Law” – and this naming of law has a special significance in the context of this chapter. In its naming, the text proclaims itself and authorizes its legal content: as Derrida comments in “Before the Law”: “A sort of intrigue is already apparent in a title which names the law … a little as if the law had entitled itself.” This comment goes to the very core of the jurisprudential problematic which is my concern here. Self-entitlement of the law is nothing more than a parental “because I say so” translated into a constitutional mandate, and – as the guardian and apologist for legitimacy – mainstream legal philosophy has struggled to escape such arbitrariness by attempting to discover or describe an absolute source of legitimacy.

Type
Chapter
Information
Jacques Derrida and the Humanities
A Critical Reader
, pp. 213 - 237
Publisher: Cambridge University Press
Print publication year: 2002

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Benhabib, S.“Some Comments on Deconstruction, Justice, and the Ethical Relationship.”Cardozo Law Review 13 (1991): 1219–21Google Scholar
Cornell, D.“Civil Disobedience and Deconstruction.”Cardozo Law Review 13 (1991): 1309–15Google Scholar
Cornell, D. The Philosophy of the Limit. New York: Routledge, 1992
Cornell, D., Rosenfeld, M., and Carlson, D.G., eds. Deconstruction and the Possibility of Justice. New York: Routledge, 1992
Dallmayr, F.“Justice and Violence: A Response to Jacques Derrida.”Cardozo Law Review 13 (1991): 1237–43Google Scholar
Davies, Margaret. Delimiting the Law: ‘Postmodernism’ and the Politics of Law. London: Pluto Press, 1996
Derrida, Jacques. “Before the Law.” In Derek Attridge, ed. Acts of Literature (London and New York: Routledge, 1992), 181–220
Derrida, Jacques “Force of Law: The ‘Mystical Foundation of Authority,’” Cardozo Law Review 11 (1990): 919–1045. Also published in D. Cornell et al., eds. Deconstruction and the Possibility of Justice. New York: Routledge, 1992
Derrida, Jacques “The Law of Genre”Glyph 2 (1980): 202
Derrida, Jacques “The Laws of Reflection: Nelson Mandela, In Admiration.” In Jacques Derrida and Mustapha Tlili, eds. For Nelson Mandela. New York: Henry Holt and Co., 1987
Douzinas, C. and Warrington, R.“A Well-Founded Fear of Justice: Law and Ethics in Postmodernity.”Law and Critique 2 (1991): 115CrossRefGoogle Scholar
Douzinas, C., Warrington, R., and McVeigh, S. Postmodern Jurisprudence: The Law of Text in the Texts of Law. London: Routledge, 1991
Fraser, Nancy. “The Force of Law: Metaphysical or Political?”Cardozo Law Review 13 (1991): 1325–31Google Scholar
Gasché, Rodolphe. “On Critique, Hypercriticism, and Deconstruction: The Case of Benjamin.”Cardozo Law Review 13 (1991): 1115–32Google Scholar
Litowitz, D.“Derrida on Law and Justice: Borrowing (Illicitly?) From Plato and Kant.”Canadian Journal of Law and Jurisprudence (1995): 325–46CrossRefGoogle Scholar
Rosenfeld, M.“Derrida, Law, Violence and the Paradox of Justice.”Cardozo Law Review 13 (1991): 1267–72Google Scholar
Weber, Sam. “Deconstruction Before the Name: Some Preliminary Remarks on Deconstruction and Violence.”Cardozo Law Review 13 (1991): 1181–90Google Scholar
Wolcher, L.“The Man in the Room: Remarks on Derrida’s Force of Law.”Law and Critique 7 (1996): 35CrossRefGoogle Scholar
See also generally “On the Necessity of Violence for Any Possibility of Justice.” Conference Publications. Cardozo Law Review 13 (1991): 1081–53

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×