Transitional justice as a field of inquiry is a relatively new one. Referring to the range of mechanisms used to assist the transition of a state or society from one form of rule to a more democratic order, transitional justice has become the dominant language in which the move from war to peace is discussed in the early twenty-first century. Applying a deconstructive analysis to the question of transitional justice, the paper seeks to interrogate the core assumptions that underlie transitional (...) justice literature in relation to the relationship between law, politics and justice. As a discourse, transitional justice is replete with antinomies or binary oppositions, that of war and peace being the most obvious. Therefore the essentially deconstructible structure of differánce already exists within the concept. By examining the ways in which legal and political narratives are framed and reproduced, the paper seeks to deconstruct the opposition between law and politics on which much of the transitional justice literature rests. The article does not purport to provide a definitive critical analysis of transitional justice but aims to provoke debate and to prompt critical scholars to engage with the themes raised by providing an introductory analysis of some of the core features of a field of inquiry which seems ripe for deconstruction. (shrink)

This paper addresses the question of the constitution of ‘the people’. It argues that J.L. Austin’s concept of the ‘perlocutionary’ speech act gives us a framework for understanding the constitutive force of a specific constitutional document: the American Declaration of Independence. It does so through responding to Derrida’s analysis of the Declaration, which itself draws on Austin’s work. Derrida argues that the Declaration’s constitutive force lies in the fact that it cannot be simply understood as either ‘performative’ or ‘constative’, in (...) Austin’s terminology. According to Derrida, ‘the people’ do not pre-exist the Declaration, but are constituted in the act of declaration itself. In response, I argue that while Derrida’s insight regarding the constitution of ‘the people’ is sound, his analysis misses two key aspects of the Declaration. These two lacunae point the way to an understanding of the constitutive force of the Declaration in terms of Austin’s ‘perlocutionary’ speech act. (shrink)

The article discusses the problem of interpretation in law. Are there some criteria by which we can distinguish a good interpretation from a bad one, interpretation from over-interpretation? It is argued in this article that there is always a choice in defining the meaning of a text and this choice can be seen as an ethical one. This article thus studies the question of limits of interpretation by focusing on the ethical elements of interpretation. It is argued here that legal (...) interpretation contains a requirement of justice that shapes the responsibility that the interpreter carries for his choices of meaning. Therefore the ethical elements of interpretation are especially pressing in the interpretation of legal texts. (shrink)

Belgian law on child euthanasia uses the concept of discernment to bestow the right to die to minors. Jacques Derrida’s deconstruction of oppositional logic grasps the ambiguity of this use of discernment and generally challenges the alleged force of a textual sign meaningfully to differentiate itself from its different and meaningless else. This alleged ability to discern the presence of discernment impinges the truth-value of the distinction between worthy/unworthy lives. The resulting undecidability morally suggests the respect for otherness and promotes (...) the moral value of the suspension of arbitrary judgment and, in so doing, de facto converges towards the praxis of the doctrine of the sanctity of life that embraces the ‘life is always quality’ argument. (shrink)

In March 2011 Jean-Luc Nancy published an article entitled ‘What the Arab Peoples Signify to Us’ in the Libération newspaper. The article supported the NATO-led military intervention in Libya that followed the anti-government protests of 15–16 February 2011. It is in the name of ‘political responsibility’ that Nancy makes his intervention. I want to explore the question of ‘political responsibility’ in light of Nancy’s work, and his Libération article in particular. I do this by first assessing one of the distinguishing (...) features of the uprising in Libya: the emergence of the National Transitional Council. By setting Nancy’s response against Derrida’s work on spectrality and his critique of the founding declaration we can more clearly appreciate the scope that Nancy’s account of responsibility entails. I suggest that Derrida’s logics of spectrality help not only critique Nancy’s response but also understand the conditions that make his account of political responsibility possible. (shrink)

Generally, regulation is thought of as a constant that carries with it both a formative and conservative power, a power that standardises, demarcates and forms an order, through procedures, rules and precedents. It is dominantly thought that the singularity and formalisation of structures like rules is what enables regulation to achieve its aim of identifying, apprehending, sanctioning and forestalling/pre-empting threats and crime or harm. From this point of view, regulation serves to firmly establish fixed and stable categories of what norms, (...) customs, morals and behaviours are applicable to a particular territory, society or community in a given time. These fixed categories are then transmitted onto individuals by convention, ritual and enforcement through imperatives of law (and technology) that mark certain behaviours as permissible and others as forbidden, off bounds. In this manner, regulation serves a programming (i.e., a calculable or determinable) purpose. It functions as a pro-active management or as a mastery of threats, risks, crimes and harms that affect a society and its security both in the future and in the present. Regulation for instance, will inscribe and codify what it determines to constitute crime or harm such as pornography, incitement of terrorism, extremist speech, racial hatred etc. These determined or calculated/calculable categories will then be enforced and regulated (e.g. through automated filtering) in order to ensure a preservation of public order within society. Drawing mainly from deconstruction, this article situates law and technologies within a wider ecological process of texts, speech and writing i.e., communication. In placing regulation within disseminatory and iterable processes of communication, this article complicates, destabilises and critiques the dominant position of determinability and calculability within the regulatory operations of law. (shrink)