Law's Trace: From Hegel to Derrida

Law's Trace: From Hegel to Derrida PDF Author: Catherine Kellogg
Publisher: Routledge
ISBN: 1136981586
Category : Law
Languages : en
Pages : 186

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Book Description
Law's Trace argues for the political importance of deconstruction by taking Derrida’s reading of Hegel as its point of departure. While it is well established that seemingly neutral and inclusive legal and political categories and representations are always, in fact, partial and exclusive, among Derrida’s most potent arguments was that the exclusions at work in every representation are not accidental but constitutive. Indeed, one of the most significant ways that modern philosophy appears to having completed its task of accounting for everything is by claiming that its foundational concepts – representation, democracy, justice, and so on – are what will have always been. They display what Derrida has called a "fabulous retroactivity." This means that such forms of political life as liberal constitutional democracy, capitalism, the rule of law, or even the private nuclear family, appear to be the inevitable consequence of human development. Hegel’s thought is central to the argument of this book for this reason: the logic of this fabulous retroactivity was articulated most decisively for the modern era by the powerful idea of the Aufhebung – the temporal structure of the always-already. Deconstruction reveals the exclusions at work in the foundational political concepts of modernity by ‘re-tracing’ the path of their creation, revealing the ‘always-already’ at work in that path. Every representation, knowledge or law is more uncertain than it seems, and the central argument of Law's Trace is that they are, therefore, always potential sites for political struggle.

Law's Trace: From Hegel to Derrida

Law's Trace: From Hegel to Derrida PDF Author: Catherine Kellogg
Publisher: Routledge
ISBN: 1136981586
Category : Law
Languages : en
Pages : 186

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Book Description
Law's Trace argues for the political importance of deconstruction by taking Derrida’s reading of Hegel as its point of departure. While it is well established that seemingly neutral and inclusive legal and political categories and representations are always, in fact, partial and exclusive, among Derrida’s most potent arguments was that the exclusions at work in every representation are not accidental but constitutive. Indeed, one of the most significant ways that modern philosophy appears to having completed its task of accounting for everything is by claiming that its foundational concepts – representation, democracy, justice, and so on – are what will have always been. They display what Derrida has called a "fabulous retroactivity." This means that such forms of political life as liberal constitutional democracy, capitalism, the rule of law, or even the private nuclear family, appear to be the inevitable consequence of human development. Hegel’s thought is central to the argument of this book for this reason: the logic of this fabulous retroactivity was articulated most decisively for the modern era by the powerful idea of the Aufhebung – the temporal structure of the always-already. Deconstruction reveals the exclusions at work in the foundational political concepts of modernity by ‘re-tracing’ the path of their creation, revealing the ‘always-already’ at work in that path. Every representation, knowledge or law is more uncertain than it seems, and the central argument of Law's Trace is that they are, therefore, always potential sites for political struggle.

Derrida and Law

Derrida and Law PDF Author: Pierre Legrand
Publisher: Routledge
ISBN: 1351569708
Category : Law
Languages : en
Pages : 623

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Book Description
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.

International Law and the Relationality of States

International Law and the Relationality of States PDF Author: Erdem Ertürk
Publisher: Taylor & Francis
ISBN: 100085244X
Category : Law
Languages : en
Pages : 235

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Book Description
This book critically engages with theories of the recognition of states under international law. Demonstrating that recognition is a constitutive relation that is imperative for the construction of international subjects, the book argues that prevalent theories of recognition fall short of accommodating this imperative. The book traces the source of this shortcoming to Vattel’s notion of absolute sovereignty. A paradox pertains to this notion as absolutely independent states seemingly come into being in a community which sets the law that determines statehood. The book shows how this paradox is reproduced in constitutive theorists’ idea of recognition as a sovereign gesture of consent and declarative theorists’ perception that states can come into being on a singular basis, without any need for interaction. This necessitates a rethinking of the role of recognition in a way that circumvents the problems generated by the notion of absolute independence, whilst accommodating the relational element of coming into being. To achieve this purpose, the book draws upon Hegel’s theory of recognition, supplementing it with Bataille’s and Derrida’s critical readings of Hegel’s thought. In this respect, the book departs from the restrictive economy of recognition that constantly recreates a paradoxical perception of sovereignty, elaborating a more general economy of recognition that accommodates the notion of subjects in flux. This critical engagement with a key notion in international law will appeal to legal and political theorists, as well as scholars and students in international relations.

Hegel After Derrida

Hegel After Derrida PDF Author: Stuart Barnett
Publisher: Routledge
ISBN: 1134696469
Category : Philosophy
Languages : en
Pages : 372

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Book Description
Hegel After Derrida provides a much needed insight not only into the importance of Hegel and the importance of Derrida's work on Hegel, but also the very foundations of postmodern and deconstructionist thought. It will be essential reading for all those engaging with the work of Derrida and Hegel today and anyone seeking insight into some of the basic but neglected themes of deconstruction.

Hegel and Legal Theory

Hegel and Legal Theory PDF Author: Drucilla Cornell
Publisher: Routledge
ISBN: 1317857321
Category : Philosophy
Languages : en
Pages : 382

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Book Description
The first collection of essays directed towards jurisprudence with a Hegelian theme. The editors are committed to the idea that Hegel is the future source of great energy and insight within the legal academy.

The End of Law

The End of Law PDF Author: David McIlroy
Publisher: Edward Elgar Publishing
ISBN: 1788114000
Category : LAW
Languages : en
Pages : 200

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Book Description
The End of Law applies Augustine’s questions to modern legal philosophy as well as offering a critical theory of natural law that draws on Augustine’s ideas. McIlroy argues that such a critical natural law theory is: realistic but not cynical about law’s relationship to justice and to violence, can diagnose ways in which law becomes deformed and pathological, and indicates that law is a necessary but insufficient instrument for the pursuit of justice. Positioning an examination of Augustine’s reflections on law in the context of his broader thought, McIlroy presents an alternative approach to natural law theory, drawing from critical theory, postmodern thought, and political theologies in conversation with Augustine.

Deconstruction and the Possibility of Justice

Deconstruction and the Possibility of Justice PDF Author: Drucilla Cornell
Publisher: Routledge
ISBN: 1134935153
Category : Philosophy
Languages : en
Pages : 420

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Book Description
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.

Nancy Dictionary

Nancy Dictionary PDF Author: Peter Gratton
Publisher: Edinburgh University Press
ISBN: 0748699708
Category : Reference
Languages : en
Pages : 264

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Book Description
The first dictionary dedicated to the work of Jean-Luc Nanc, a key figure in the contemporary intellectual landscape. This dictionary considers the full scope of his writing and will provide insights into the philosophical and theoretical background to hi

The Philosophy of the Limit

The Philosophy of the Limit PDF Author: Drucilla Cornell
Publisher: Routledge
ISBN: 1134711131
Category : Social Science
Languages : en
Pages : 253

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Book Description
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.

Derrida and the Political

Derrida and the Political PDF Author: Richard Beardsworth
Publisher: Routledge
ISBN: 1134837372
Category : Philosophy
Languages : en
Pages : 196

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Book Description
Jacques Derrida, one of the most influential, controversial and complex thinkers of our time, has come to be at the centre of many political debates. This is the first book to consider the political implications of Derrida's deconstruction. It is a timely response both to Derrida's own recent shift towards thinking about the political, and to the political focus of contemparary Continental philosophy. Richard Beardsworth's study, Derrida and the Political, locates a way of thinking about deconstruction using the tools of political philosophy. Richard Beardsworth has provided students of philosophy, politics and critical theory with a thought-provoking, upper level introduction to Derrida'a work as a political theorist.