Deconstruction and the Possibility of Justice

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Psychology Press, 1992 - Law - 409 pages
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To many, the very title of this book, Deconstruction and the Possibility of Justice, would seem to be an oxymoron. At least by its critics, deconstruction has been associated with cynicism toward the very idea of justice. Justice, so the story goes, demands reconstruction, not deconstruction. Yet even its critics recognize that deconstruction is, in some way, aligned with the marginalized. Within literary studies we hear the same cry: deconstruction has brought in its wake the clamor for the recognition of many voices outside the traditional canon. While bringing the margin to the center is undoubtedly a result of deconstruction in political philosophy and literary criticism, deconstruction faces, and acknowledges that it faces a philosophical challenge of its own. What should be' demands an appeal to some criteria of justice. Jacques Derrida's more liberal critics have focused on just this problem. They have insisted that even if one can appreciate deconstruction's alliance with the underdog, deconstruction cannot provide an ethical basis for this alliance, let alone argue the necessity of such an alliance. The purpose of this volume is to rethink the questions posed by Derrida's writings and his unique philosophical positioning, without reference to the catch phrases that have supposedly captured deconstruction in a nutshell
 

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Contents

The Mystical Foundation of Authority
3
Systems Theory and
68
Writing Law According to Moses
95
Judgment After the Fall
211
In the Name of the Law
232
Forms
258
On the Margins of Microeconomics
265
Hermeneutics and the Rule of Law
283
The Example of Kleist
305
Statistical Stigmata
330
Rights Modernity Democracy
346
Algorithmic Justice
361
Conditions of Evil
387
Index
405
Copyright

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About the author (1992)

Professor David Gray Carlson teaches commercial law and bankruptcy at Benjamin N. Cardozo School of Law, Yeshiva University, New York. He was contributing editor of Hegel and Legal Theory (1991), a collection of essays based on Hegel's Philosophy of Right; and co-editor of Deconstruction and the Possibility of Justice (1992) and Law and the Postmodern Mind: Essays on Psychoanalysis and Jurisprudence (1998). Carlson received his B.A. (1974) from University of California, Santa Barbara and his J.D. (1977) from Hastings College of Law, University of California. He was editor-in-chief of Hastings Law Journal.

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