Derrida: Law

Legitimacy is a concept that has been largely forgotten by the deconstructive discourse on law and politics. This article seeks, on the one hand, to reassess the role of legitimacy in deconstruction and, on the other hand, to bring deconstructive thinking to bear on the concept of legitimacy. By re-reading Derrida’s “Declarations of Independence” through the lenses of his later texts on sovereignty and (counter)signature, it is argued that, rather than being deconstructible, legitimacy is deconstructing any self-founding of law and (...) power. As such, legitimacy functions not as an evaluative concept of law and order but as a constantly insisting demand that facilitates the principles of responsibility and responsiveness. (shrink)

This article interrogates a certain philosophical scene – one which constitutes itself through the position of what Jacques Derrida calls “the ethical instance of violence.” This scene supposes a certain “style” of writing or doing philosophy, and perhaps even a certain philosophical “genre” or “subgenre”: the philosophical discourse on violence. In the course of the essay, I analyze this quasi-juridical scene through readings of Aristotle, Walter Benjamin, Giorgio Agamben, Judith Butler, Slavoj Žižek, Werner Hamacher, Rodolphe Gasché, and Martin Hägglund among (...) others. The scene, built on texts on texts on violence, demands a logic of purity; it is wary of contaminations and equivocations. And yet it thrives on them. In analyzing the implications of text, writing, and trace for the philosophical discourse on violence, I follow Derrida “just to see” what could make the scene tremble. (shrink)

Dans cet essai, j'analyse les présuppositions du récit dudit « retour du religieux », du point de vue de la psychanalyse (Freud) et de la déconstruction (Derrida). Après avoir mis à jour l'eurocentrisme et le colonialisme inhérents aux concepts de « magie », « animisme », « religion » et « croyance » chez Freud (avec une attention particulière portée à Totem et tabou), j’offre une lecture déconstructrice des discours politiques contemporains sur le sécularisme, la foi et le savoir.

In its hegemonic definition, biopolitical governmentality is characterised by a seemingly infinite capacity of expansion, susceptible to colonise the landscape and timescape of the living present in the name of capitalistic productivity. The main trait of biopower is its normative, legal and political plasticity, allowing it to reappropriate critiques and resistances by appealing to bioethical efficacy and biological accuracy. Under these circumstances, how can we invent rebellious forms-of-life and alternative temporalities escaping biopolitical normativity? In this essay, I interrogate the theoretical (...) presuppositions of biopolitical rationality. I provide a deconstruction of the conceptual and temporal structures upholding the notion of biopolitics, in view of laying the ground for new forms of resistance. The articulation between life and power has a long philosophical history, which has been largely ignored by social theorists and political thinkers using biopolitics as an interpretative model. I re-inscribe this model within the tradition of critical materialism, by articulating Foucault’s ‘critical ontology’ to recent philosophical works on biological plasticity (Malabou). In these discourses, the logic of biopower depends on a representation of life – ‘the living’ – as living present. Biopower finds itself anchored in the authority of the present, that is to say, of being-as-presence (ontology); it sustains presentist definitions of life and materiality, be it under the form of a ‘plastic’ ontology. By drawing on Derrida’s notions of ‘spectrality’ and ‘life-death’ and Francesco Vitale’s work on ‘biodeconstruction’, I deconstruct these discourses on life and materiality and attempt to dissociate them from their ontological grounding, in order to suggest new paths of resistance to biopower. In particular, I follow the tracks of “the monster” in the work of Foucault, Derrida and Malabou. Foucault tells us that the monster is a singular figure, parasitic and subversive, beckoning a life beyond life, at once organic and non-organic, located at the limit between the normal and the exceptional, and exceeding the scope of biopolitical normativity in both theoretical and practical terms. It exists at the intersection of what Foucault names “the symbolics of blood” and “the analytics of sex”. As such, it materialises a self-transformative dimension of the living which remains, I argue, inadequate to Malabou’s representation of plasticity. The monstrous is a self-deconstructive motif calling for another biopolitical rationality, before or beyond ontological reductions or reconstructions. (shrink)

This contribution addresses issues of interpretation and translation in Derrida’s reading of Shakespeare’s Merchant of Venice in relation to the supposed opposition of the letter and the spirit of the law. Rather than supporting a supersession of the law’s letter in favor of its spirit and advocating a sublation of the law by means of mercy, as a traditional reading suggests, this essay’s reading of Shakespeare’s play suggests that it deconstructs the underlying opposition. By linking the insistence on “the letter (...) of the law” not to a kind of literalism or blind compliance with the law, but instead to an insistence on the textuality of the law, such a reading elucidates the law’s need for interpretation and highlights how the attempt to surpass the letter of the law involves a threat of a fundamental injustice. (shrink)

The reviewer connects Derrida's Gloss of the Genesis event to the book under review and discusses the topic of the book under review as an important site for discussing our zeitgeist.

This paper revisits Giorgio Agamben’s text The Time That Remains and through a comparative analysis contrasts the author’s reading of St Paul’s Romans to relevant Derridean thematics prevalent in the text. Specific themes include language, the law, and the subject. I illustrate how Agamben attempts to revitalise the idea of philosophical anthropology by breaking away from the deconstructive approach. Agamben argues that language is an experience but is currently in a state of nihilism. Consequently, the subject has become lost; or, (...) more specifically, the subject and its object have not disappeared in language but through language. The resuscitation of experience is thus required to defeat this condition: only in language does the subject have its site and origin. Unlike deconstruction, which highlights an inherent paradox within a situation unearthing a questionable foundation, Agamben argues that, by investigating the “exception,” one finds neither a norm nor an inherent truth of the situation, but the confusion which surrounds them both. (shrink)