In his 1992 text ‘Force of Law’ Jacques Derrida makes the radical claim that the aura of law’s legitimacy is always achieved by virtue of an ideological sleight of hand. I argue that the radicality of this claim does not lie in its abandonment of the rule of law, nor is this claim a call to political quietism. Rather, Derrida charges us with the responsibility of interrogating the moments of law’s force or ideology. Following this suggestion I argue that one (...) important way that the law has maintained its aura of legitimacy is on the basis of an ideological appeal to the presumed natural or transparent nature of sexual complementarity. Through a reading of Hegel’s use of the Greek mythological Antigone, I argue that one important way that the im possibility of the necessary encounter between law and the singular case has been covered over, is by way of an appeal to the presumed naturalness of heterosexuality. The conclusion of my analysis is that the illusion of law’s legitimacy is not necessarily achieved with reference to the feminine, nor by virtue of an appeal to the transparency of heterosexuality, but it is no coincidence that it has been achieved in this way so often in the history of political philosophy either. However, no matter how the illusion of law’s legitimacy is achieved, it will always require a sleight of hand; it will always be ideological and therefore political. This analysis therefore serves as an example of how deconstruction can be mobilized as much more than a philosophical meditation on the impossibility of justice; rather, it offers a mode of analysis of critical importance to social and legal theorists. Key Words: Antigone • Derrida • Hegel • sexual difference. (shrink)

ABSTRACT Ever since an intense theoretical debate over a decade ago, the concept of heterogeneity has had a well-established place within poststructuralist Discourse Theory. It captures the interactions between the heart of the space of representation and its margins, between excluded excess and manifest presence; and conceptualizes particularities, differential remainders, and discursive exteriority. The analytical implications of heterogeneity remain underexploited, however. This contribution makes the case that one way to operationalize the notion of heterogeneity in empirical research is by tracing (...) its strategic effects. Since heterogeneity constitutes ‘the primary terrain within which homogeneizing logics operate’, heterogeneous dynamics like the ‘incorporation of new demands’ and ‘the exclusion of others who were previously present’ affect and shape the availability and feasibility of political strategies. This contribution first provides an extensive definition of heterogeneity drawing on the original debate that gave the concept prominence. An approach that captures and explains the strategic effects of heterogeneity is then developed through the integration of heterogeneity into the logics framework. Finally, this approach is illustrated through an exploration of the politics of international trade. (shrink)

Abstract A principle aim of this paper is to convince friends and critics of deconstruction that they have overlooked two crucial aspects of Derrida's work, namely, his rearticulation of the concept of experience and his account of the experience of undecidability as an ordeal. This is important because sensitivity to Derrida's emphasis on the ordeal of undecidability and his rearticulation of the concept of experience-a rearticulation that is already under way in his early engagement with Husserl and continued in later (...) work-necessitates a rethinking of what the `experience of undecidability' entails. Rather than signaling a withdrawal from politics or a normatively impotent ethics of `mere openness to the other,' Derrida's account of the experience of undecidability not only points to a fundamental aspect of our basic ethical experience but also leads to a number of ethico-political demands, which I summarize as the demand to maintain an ethos of interruption. (shrink)

Investigates, through a critical exploration of Derrida's political thought, the foundations of modern secular discourse in relation to issues of race and colonialism.

The relationship between history and justice traditionally has been dominated by the idea of the past as distant or absent . This ambiguous ontological status makes it very difficult to situate the often-felt “duty to remember” or obligation to “do justice to the past” in that past itself, and this has led philosophers from Friedrich Nietzsche to Keith Jenkins to plead against an “obsession” with history in favor of an ethics aimed at the present. History’s ability to contribute to the (...) quest for justice, as a result, often seems very restricted or even nonexistent. The introduction of the “presence”-paradigm in historiography can potentially alter this relation between history and justice. However, to do so it should be conceived in such a way that it offers a fundamental critique of the metaphysical dichotomy between the present and the absent and the underlying concept of time that supports this dichotomy. The “presence”-paradigm can be emancipatory and productive only if presence and absence are not perceived as absolute dichotomies. In the first part of this article I elaborate on the influence that the present/absent dichotomy has on the notion of justice by introducing a conceptual contrast between what I will call the “time of jurisdiction” and the “time of history.” The second part of the article focuses on the way certain aspects of the dominant Western chronosophy reinforce the present/absent dichotomy and thereby prevent us from thoroughly exploring the ambiguous but often very problematic presence of the past. Throughout the article I refer to the relatively recent phenomenon of truth commissions and the context of transitional justice to discuss some challenges for the “presence”-paradigm. (shrink)

In this contribution, the author takes as his starting point two paintings by Poussin on the subject of The Death of Phocion and their implications for subjectivity and a contemporary politics. Focusing on the South African context, he makes use of the metaphor of the wall, as representative of both the politics of oppression as well as the politics of reconciliation. The wall is consequently related to the transformative role of mourning in what he refers to as a politics that (...) comes after—a politics that itself depends on a disruption of the traditional model of rational politics depicted in the Poussin paintings by the brightly-lit walls and buildings of Athens. In this regard the author defends an ethico-politics of unboundedness where the wall no longer primarily functions as a cipher of exclusion or a stable inside/outside but, in addition, comes to stand as a marker of the radical disruption of a politics founded in subjectivity. Here the author refers to the ongoing interruption of the South African political landscape by the return of the remains which highlights the significant transformative relationship between mourning and democracy. (shrink)

The Politics of Military Force uses discourse theory to examine the dynamics of discursive change that made participation in military operations possible against the background of German antimilitarist culture. Once considered a strict taboo, so-called out-of-area operations have now become widely considered by German policymakers to be without alternative. The book argues that an understanding of how certain policies are made possible (in this case, military operations abroad and force transformation), one needs to focus on processes of discursive change that (...) result in different policy options appearing rational, appropriate, feasible, or even self-evident. Drawing on Essex School discourse theory, the book develops a theoretical framework to understand how discursive change works, and elaborates on how discursive change makes once unthinkable policy options not only acceptable but even without alternative. Based on a detailed discourse analysis of more than 25 years of German parliamentary debates, The Politics of Military Force provides an explanation for: (1) the emergence of a new hegemonic discourse in German security policy after the end of the Cold War (discursive change), (2) the rearticulation of German antimilitarism in the process (ideational change/norm erosion) and (3) the resulting making-possible of military operations and force transformation (policy change). In doing so, the book also demonstrates the added value of a poststructuralist approach compared to the naive realism and linear conceptions of norm change so prominent in the study of German foreign policy and International Relations more generally. (shrink)