JACQUES DERRIDA: DECONSTRUCTION, LAW AND JUSTICE

Authors

  • FILIPE AUGUSTO CAETANO SANCHO

Abstract

The current study has as general objective the analysis of the first part of the text "The force of law: of the mystical basis for authority" of Jacques Derrida and as specific objectives the analysis of deconstruction, of the possibility of a deconstructionist thought about law and justice, and the reflection on the law's force and justice’s experience, according to the thinking of Derrida. The author deals with the deconstruction and the possibility of justice. Initially there is the analysis of the possibility of discussing justice and law under the deconstructionist bias. Later, begins the deconstructionist discussion about justice analyzing Law’s force. Following, the author enters the justice theme and proposes three concerns to analyze justice: the epokhé of the regulation, the haunt of the undecidable and the urgency that bars the horizon of knowledge. Consideration will be given to justice in Derrida, based on highlights of his work, one in special, the uniqueness and otherness as the essence of justice. In conclusion, it will be seen that it is quite possible and even desirable the deconstructionist analysis of law and justice, that the right has its own strength, a
applicability that is founded on authority, which can sometimes hide dominant class interests. The Law is from the calculable order, but justice is not, so constructable blends with the very own deconstruction. To be achieved the objectives of this research will be used the analytical method and the bibliographic research.

Author Biography

FILIPE AUGUSTO CAETANO SANCHO

Mestre em Direito pela Faculdade de Direito do Sul de Minas (FDSM). Especialista em Direito Público.
Professor da FESSUL – Faculdades de Ensino Superior (Machado/MG) e da Faculdade Anhanguera
(Poços de Caldas/MG).

Published

2024-05-24

How to Cite

SANCHO, F. A. C. (2024). JACQUES DERRIDA: DECONSTRUCTION, LAW AND JUSTICE. REVISTA JURÍDICA - DIREITO, JUSTIÇA, FRATERNIDADE & SOCIEDADE, 1(3), 111–130. Retrieved from https://revista.sentencadozero.com/index.php/rjsdz/article/view/122