Deconstruction and law: a prelude to a deconstructive theory of judicial interpretation

K Law (General);BJ Ethics

Mailey, Richard ; van der Walt, Johan

University:University of Glasgow

Department:School of Law

关键词: derrida, law, deconstruction, judicial interpretation, jurisprudence, legal theory, force of law, bataille, balkin, kennedy;   

Others  :  http://theses.gla.ac.uk/3716/1/2012maileyllm.pdf

来源: University of Glasgow

【 摘 要 】

An examination of how/if the work of Jacques Derrida can be used as an aid to judicial interpretation.This follows much of the contemporary legal scholarship on Derrida and deconstruction by defining the latter as an ethical spirit rather than a fixed set of interpretive techniques.It then considers — above all else — the question of whether we can overcome the seeming opposition between the openness of deconstruction and the closure of the legal/judicial decision.In other words: does law mark the closure of deconstruction?Or can deconstruction feed productively into law?