Law's Trace argues for the political importance of
deconstruction by taking Derrida's reading of Hegel as its point of
departure. While it is well established that seemingly neutral and
inclusive legal and political categories and representations are
always, in fact, partial and exclusive, among Derrida's most potent
arguments was that the exclusions at work in every representation
are not accidental but constitutive. Indeed, one of the most
significant ways that modern philosophy appears to having completed
its task of accounting for everything is by claiming that its
foundational concepts - representation, democracy, justice, and so
on - are what will have always been. They display what Derrida has
called a "fabulous retroactivity." This means that such forms of
political life as liberal constitutional democracy, capitalism, the
rule of law, or even the private nuclear family, appear to be the
inevitable consequence of human development. Hegel's thought is
central to the argument of this book for this reason: the logic of
this fabulous retroactivity was articulated most decisively for the
modern era by the powerful idea of the Aufhebung - the temporal
structure of the always-already. Deconstruction reveals the
exclusions at work in the foundational political concepts of
modernity by 're-tracing' the path of their creation, revealing the
'always-already' at work in that path. Every representation,
knowledge or law is more uncertain than it seems, and the central
argument of Law's Trace is that they are, therefore, always
potential sites for political struggle.
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