Download or read book Derrida and Legal Philosophy written by Peter Goodrich and published by Palgrave MacMillan. This book was released on 2008-10-02 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Derrida and Legal Philosophy written by Goodrich P. and published by . This book was released on 2005-10-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Derrida and Law written by Pierre Legrand and published by Routledge. This book was released on 2017-07-05 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Deconstruction and the Possibility of Justice written by Drucilla Cornell and published by Routledge. This book was released on 2016-05-13 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Jacques Derrida written by Jacques de Ville and published by Routledge. This book was released on 2012-11-30 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Postmodern Philosophy and Law written by Douglas E. Litowitz and published by . This book was released on 1997 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book The Philosophy of the Limit written by Drucilla Cornell and published by Routledge. This book was released on 2016-01-08 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Before the Law written by Jacques Derrida and published by U of Minnesota Press. This book was released on 2018-10-23 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thinking judgment in relation to the work of Jean-François Lyotard “How to judge—Jean-François Lyotard?” It is from this initial question that one of France’s most heralded philosophers of the twentieth century begins his essay on the origin of the law, of judgment, and the work of his colleague Jean-François Lyotard. If Jacques Derrida begins with the term préjugés, it is in part because of its impossibility to be rendered properly in other languages and also contain all its meanings: to pre-judge, to judge before judging, to hold prejudices, to know “how to judge,” and more still, to be already prejudged oneself. Striving to contain that which comes before the law, that is in front of the law and also prior to it, how to judge Jean-François Lyotard then becomes perhaps a beneficial attempt for Derrida to explore humanity’s rapport with judgment, origins, and naming. For how does one come to judge the author of the Differend? How does one abstain from judgment to accept the term préjugés as suspending judgment and at once as taking into account the impossibility of speaking before the law, prior to naming or judging? If this task indeed seems insurmountable, it is the site where Lyotard’s work itself is played out. Hence this sincere and intriguing essay presented by Jacques Derrida, published here for the first time in English.
Download or read book Law Order and Freedom written by C.W. Maris and published by Springer Science & Business Media. This book was released on 2011-09-08 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central question in legal philosophy is the relationship between law and morality. The legal systems of many countries around the world have been influenced by the principles of the Enlightenment: freedom, equality and fraternity. The position is similar in relation to the accompanying state ideal of the democratic constitutional state as well as the notion of a welfare state. The foundation of these principles lies in the ideal of individual autonomy. The law must in this view guarantee a social order which secures the equal freedom of all. This freedom is moreover fundamental because in modern pluralistic societies a great diversity of views exist concerning the appropriate way of life. This freedom ideal is however also strongly contested. In Law, Order and Freedom, a historical overview is given pertaining to the question of the extent to which the modern Enlightenment values can serve as the universal foundation of law and society.
Download or read book The Philosophy of Derrida written by Mark Dooley and published by Routledge. This book was released on 2014-12-18 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than forty years Jacques Derrida has attempted to unsettle and disturb the presumptions underlying many of our most fundamental philosophical, political, and ethical conventions. In The Philosophy of Derrida, Mark Dooley examines Derrida's large body of work to provide an overview of his core philosophical ideas and a balanced appraisal of their lasting impact. One of the author's primary aims is to make accessible Derrida's writings by discussing them in a vernacular that renders them less opaque and nebulous. Derrida's unusual writing style, which mixes literary and philosophical vocabularies, is shown to have hindered their interpretation and translation. Dooley situates Derrida squarely in the tradition of historicist, hermeneutic and linguistic thought, and Derrida's objectives and those of "deconstruction" are rendered considerably more convincing. While Derrida's works are ostensibly diverse, Dooley reveals an underlying cohesion to his writings. From his early work on Husserl, Hegel and de Saussure, to his most recent writings on justice, hospitality and cosmopolitanism, Derrida is shown to have been grappling with the vexed question of national, cultural and personal identity and asking to what extent the notion of a "pure" identity has any real efficacy. Viewed from this perspective Derrida appears less as a wanton iconoclast, for whom deconstruction equals destruction, but as a sincere and sensitive writer who encourages us to shed light on out historical constructions so as to reveal that there is much about ourselves that we do not know.
Download or read book Jacques Derrida written by Jacques De Ville and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jacques Derrida: Law as Absolute Hospitality presents a comprehensive account, and understanding, of Derrida s approach to law and justice. "
Download or read book Critical Legal Theory and the Challenge of Feminism written by Matthew H. Kramer and published by Rowman & Littlefield. This book was released on 1995 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law s Trace From Hegel to Derrida written by Catherine Kellogg and published by Routledge. This book was released on 2009-12-04 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Thinking without Desire written by Panu Minkkinen and published by Bloomsbury Publishing. This book was released on 1999-09-01 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is an attempt to evaluate the reception of Continental philosophy (phenomenology,hermeneutics, deconstruction, etc.) within mainstream jurisprudence. The book claims that the reduction of philosophy to social theory can only be accomplished by impoverishing the impetus of philosophical thinking and, consequently, by transforming critique into criticism, and the philosophy of law into legal theory. The response developed in this book is the creation of a metaphysical understanding of law or, in other words, what Aristotle called a 'first philosophy'. In addition to philosophy proper – the classics of Antiquity, the great German philosophers, contemporary French thinking –, the book covers a wide range of jurisprudential literature. These include the neo-Kantian philosophers of law whose thinking is allegedly at the root of legal positivism, but special emphasis is also given to 'existential' philosophers of law deeply inspired by the hermeneutical phenomenology of Martin Heidegger. Lastly, the book encourages specifically philosophical approaches in law to the thinking of French contemporaries whose work has inspired critical legal scholarship during the past ten years.
Download or read book Administering Interpretation written by Peter Goodrich and published by Fordham Univ Press. This book was released on 2019-05-21 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Populism in politics and policy orientations in law have thrown the jurisdiction of the academy and the disciplines of interpretation into disarray. Critique flounders in abstraction and negativity, law loses itself in particularity. Administering Interpretation brings together philosophers, humanists, and jurists from both continental and Anglophone jurisdictions to reassess the status and trajectory of interpretative theory as applied in the art of law. Tracking the thread of philosophical influences upon the community of legal interpretation, the essays move from the translation and wake of Derrida to the work of Agamben, from deconstruction to oikononmia. Sharing roots in the philological excavation of the political theology of modern law, contributors assess the failure of secularism and the continuing theological borrowings of juridical interpretation. The book brings contemporary critique to bear upon the interpretative apparatuses of exclusion, the law of spectacular sovereignty, and the bodies that lie in its wake. Contributors: Giovanna Borradori, Marinos Diamantides, Allen Feldman, Stanley Fish, Pierre Legrand, Bernadette Meyler, Michel Rosenfeld, Bernhard Schlink, Jeanne Schroeder, Laurent de Sutter, Katrin Trüstedt, Marco Wan
Download or read book Philosophy of Law written by Raymond Wacks and published by Oxford University Press. This book was released on 2014-02 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives. He refers to key thinkers from Aristotle to Rawls, from Bentham to Derrida and looks at the central questions behind legal theory, and law's relation to justice, morality, and democracy.
Download or read book Gadamer and Law written by FrancisJ.Mootz Iii and published by Routledge. This book was released on 2017-07-05 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans-Georg Gadamer?s philosophical hermeneutics is especially relevant for law, which is grounded in the interpretation of authoritative texts from the past to resolve present-day disputes. In this collection, leading scholars consider the importance of Gadamer?s philosophy for ongoing disputes in legal theory. The work of prominent philosophers, including Fred Dallmayr, P. Christopher Smith and David Hoy, is joined with the work of leading legal theorists, such as William Eskridge, Lawrence Solum and Dennis Patterson, to provide an overview of the connections between law and Gadamer?s hermeneutical philosophy. Part I considers the relevance of Gadamer?s philosophy to longstanding disputes in legal theory such as the debate over originalism, the rule of law and proper modes of statutory and constitutional exegesis. Part II demonstrates Gadamer?s significance for legal theory by comparing his approach to the work of Nietzsche, Habermas and Dworkin.
