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Why Deconstruction is Beneficial

Mathews, Benjamin P. (2000) Why Deconstruction is Beneficial. Flinders Journal of Law Reform, 4(1), pp. 105-126.

Abstract

Jacques Derrida recognised the utility of his ideas to legal critique, and urged a deconstructive approach to law and justice. This discussion first acknowledges Postmodern ideas and Derrida’s notion of différance, which justify the need for a deconstructive attitude. Deconstruction’s motives of responsibility and increased justice are explored. Deconstruction’s diagnostic value in legal critique is endorsed, and examples of its use in legal critique and reconstruction are suggested. However, weaknesses are also noted, particularly Derrida’s claim that deconstruction secures justice. By deepening perceptions of entrenched legal principles, deconstruction is a valuable experience. Yet beyond deconstruction’s necessary diagnostic step, further strategies are required to inspire change.

Impact and interest:

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ID Code: 12612
Item Type: Journal Article
Additional Information: For more information, please refer to the journal’s website (see hypertext link) or contact the author.
Additional URLs:
Keywords: deconstruction, Derrida, law, critique
ISSN: 1325-3387
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law not elsewhere classified (180199)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Law and Justice Research Centre
Current > Schools > School of Law
Copyright Owner: Copyright 2000 School of Law at Flinders University, Adelaide
Deposited On: 26 Feb 2008
Last Modified: 12 May 2011 12:10

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