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This collection aims not only at honouring Lourens du Plessis in the traditional Festschrift style, but also to engage with his thinking, critically or otherwise, and to reflect on how his thinking can be applied to different areas of the law.
Jacques Derrida: Law as Absolute Hospitality presents a
comprehensive account and understanding of Derrida's approach to
law and justice. Through a detailed reading of Derrida's texts,
Jacques de Ville contends that it is only by way of Derrida's
deconstruction of the metaphysics of presence, and specifically in
relation to the texts of Husserl, Levinas, Freud and Heidegger -
that the reasoning behind his elusive works on law and justice can
be grasped. Through detailed readings of texts such as To speculate
- on Freud, Adieu, Declarations of Independence, Before the Law,
Cogito and the history of madness, Given Time, Force of Law and
Specters of Marx, De Ville contends that there is a continuity in
Derrida's thinking, and rejects the idea of an 'ethical turn'.
Derrida is shown to be neither a postmodernist nor a political
liberal, but a radical revolutionary. De Ville also controversially
contends that justice in Derrida's thinking must be radically
distinguished from Levinas's reflections on 'the other'. It is the
notion of absolute hospitality - which Derrida derives from
Levinas, but radically transforms - that provides the basis of this
argument. Justice must on De Ville's reading be understood in terms
of a demand of absolute hospitality which is imposed on both the
individual and the collective subject. A much needed account of
Derrida's influential approach to law, Jacques Derrida: Law as
Absolute Hospitality will be an invaluable resource for those with
an interest in legal theory, and for those with an interest in the
ethics and politics of deconstruction.
Jacques Derrida: Law as Absolute Hospitality presents a
comprehensive account and understanding of Derrida's approach to
law and justice. Through a detailed reading of Derrida's texts,
Jacques de Ville contends that it is only by way of Derrida's
deconstruction of the metaphysics of presence, and specifically in
relation to the texts of Husserl, Levinas, Freud and Heidegger -
that the reasoning behind his elusive works on law and justice can
be grasped. Through detailed readings of texts such as To speculate
- on Freud, Adieu, Declarations of Independence, Before the Law,
Cogito and the history of madness, Given Time, Force of Law and
Specters of Marx, De Ville contends that there is a continuity in
Derrida's thinking, and rejects the idea of an 'ethical turn'.
Derrida is shown to be neither a postmodernist nor a political
liberal, but a radical revolutionary. De Ville also controversially
contends that justice in Derrida's thinking must be radically
distinguished from Levinas's reflections on 'the other'. It is the
notion of absolute hospitality - which Derrida derives from
Levinas, but radically transforms - that provides the basis of this
argument. Justice must on De Ville's reading be understood in terms
of a demand of absolute hospitality which is imposed on both the
individual and the collective subject. A much needed account of
Derrida's influential approach to law, Jacques Derrida: Law as
Absolute Hospitality will be an invaluable resource for those with
an interest in legal theory, and for those with an interest in the
ethics and politics of deconstruction.
This book advances a new reading of the central works of Carl
Schmitt and, in so doing, rethinks the primary concepts of
constitutional theory. In this book, Jacques de Ville engages in a
close analysis of a number of Schmitt's texts, including
Dictatorship (1921), The Concept of the Political (1927),
Constitutional Theory (1928), Land and Sea (1942), Ex Captivitate
Salus (1950), The Nomos of the Earth (1950) and The Theory of the
Partisan (1963). This engagement takes place from the perspective
of constitutional theory and focuses specifically on concepts or
themes such as sovereignty, the state, the political, constituent
power, democracy, representation, the constitution and human
rights. The book seeks to rethink the structure of these concepts
in line with Derrida's analysis of Schmitt's texts on the concept
of the political in Politics of Friendship (1993). This happens by
way of an analysis of Derrida's engagement with Freud and other
psychoanalysts. Although the main focus in the book is on Schmitt's
texts, it further examines two texts of Derrida (Khora (1993) and
Fors: The Anglish Words of Nicholas Abraham and Maria Torok
(1976)), by reading these alongside Schmitt's own reflections on
the positive concept of the constitution.
This book advances a new reading of the central works of Carl
Schmitt and, in so doing, rethinks the primary concepts of
constitutional theory. In this book, Jacques de Ville engages in a
close analysis of a number of Schmitt's texts, including
Dictatorship (1921), The Concept of the Political (1927),
Constitutional Theory (1928), Land and Sea (1942), Ex Captivitate
Salus (1950), The Nomos of the Earth (1950) and The Theory of the
Partisan (1963). This engagement takes place from the perspective
of constitutional theory and focuses specifically on concepts or
themes such as sovereignty, the state, the political, constituent
power, democracy, representation, the constitution and human
rights. The book seeks to rethink the structure of these concepts
in line with Derrida's analysis of Schmitt's texts on the concept
of the political in Politics of Friendship (1993). This happens by
way of an analysis of Derrida's engagement with Freud and other
psychoanalysts. Although the main focus in the book is on Schmitt's
texts, it further examines two texts of Derrida (Khora (1993) and
Fors: The Anglish Words of Nicholas Abraham and Maria Torok
(1976)), by reading these alongside Schmitt's own reflections on
the positive concept of the constitution.
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