Deconstruction and law: a prelude to a deconstructive theory of judicial interpretation

Mailey, Richard (2012) Deconstruction and law: a prelude to a deconstructive theory of judicial interpretation. LL.M(R) thesis, University of Glasgow.

Abstract

An examination of how/if the work of Jacques Derrida can be used as an aid to judicial interpretation. This follows much of the contemporary legal scholarship on Derrida and deconstruction by defining the latter as an ethical spirit rather than a fixed set of interpretive techniques. It then considers — above all else — the question of whether we can overcome the seeming opposition between the openness of deconstruction and the closure of the legal/judicial decision. In other words: does law mark the closure of deconstruction? Or can deconstruction feed productively into law?

• Item Type: Thesis (LL.M(R))
• Qualification Level: Masters
• Keywords: derrida, law, deconstruction, judicial interpretation, jurisprudence, legal theory, force of law, bataille, balkin, kennedy
• Subjects: K Law > K Law (General); B Philosophy. Psychology. Religion > BJ Ethics
• Colleges/Schools: College of Social Sciences > School of Law
• Supervisor's Name: van der Walt, Prof. Johan
• Date of Award: 2012
• Depositing User: Mr Richard Mailey
• Unique ID: glathesis:2012-3716
• Copyright: Copyright of this thesis is held by the author.
• Date Deposited: 13 Nov 2012
• Last Modified: 10 Dec 2012 14:09
• URI: https://theses.gla.ac.uk/id/eprint/3716