Derida's view of legal justice
September 28, 2020 09:33 Source: "China Social Sciences" September 28, 2020 Total 2020 Author: Dong Xiaobo

Jacques Derrida is the most representative French thinker in the postmodernist thoughts。As the focus of deconstructing the decisionalism of Logicianism in the Western philosophy tradition,Derrich's deconstructionism involves not only the problem of philosophical theory,And (even more) the problem of human society。October 1989,Derida's speech entitled "The Power of the Law -the Mysterious Basic Foundation of the Authority" at the Cardo French College of Yoswa University in New York claims: "The law can be deconstructed",and "deconstruction is justice"。Derrida's "deconstruction" is to disassemble Hongda legal discourse、The concept of the "dual opposition" in the law and the "centralism" level concept of the law of law on this basis。

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Discretionalism opposes the traditional main and guest body binary theory,The central argument that "the subject is dead" is reflected in the theory of law philosophy,It is the transformation of the legal object to the legal object and the reflection of the legal subject,And believes that distinguish between legal subjects and legal objects are meaningless。From the perspective of Drida,Logos Centralism always advocates a kind of Logos as the centered、Unwavering dual -opposing structure system。In this structural system,As a opposition to both parties,Logo and its opposite bet365 Play online games cube are in the hierarchical system,Logically or in terms of value, it is located in the center,rule and dominate the other party。Logos is the center,The party that is opposed to it is the edge; Logos is present,The party that is opposed to it is the substitute present,So etc.。The disintegration of deconstruction to rational authority,Let people realize that the so -called rational legal subject can only be "unreal mythical stories",It's just "the false aesthetic concepts that are constantly being repeatedly produced in social life"。

Discretionalism emphasizes "self -discovery of self"。Drida said,Self is just the effect of conversation,Language composition and explain the subject。Power and language support each other、Use it for phase,The so -called "power support discourse,Dialogue generate hegemony "。Therefore,Feminist Law proposal of one of the important genres of the law of deconstructionist law,The identity of the subject is an artificial product generated by sexual discourse,"People are either born or women,but turned into a woman "。Extreme deconstruction theory even thinks,The subject is not only a constructive object,And it is completely fictional illusion。

  Criticizing the certainty and generality of legal justice

Structuralism believes that language is a symbol,This symbol can be divided into two aspects: "Signifier" and "SIGNIFIED",The former refers to the concept,The meaning of the symbol,The latter is the audio image,The material carrier of the symbol,The two correspond to a complete bet365 best casino games language symbol。Discretionalism further pointed out that the "capable finger" and "referred to" in the language are separated。Can be a arbitrary arrangement,Depending on historical experience,Can be connected without the necessity with what you mean。From the perspective of Drida,The meaning of all concepts and words is uncertain: from the perspective of space,A word is only meaningful in a specific situation,The meaning of words in different spaces is different,Therefore, the significance is always generated in "differences"; in terms of time,,A meaning of words just generated,With the development of the reader's reading process, it is immediately replaced by another meaning,Therefore, the meaning is always late (delay)。Différance,Differences and delay) The word is expressed,It means that the meaning is always in the space of space and "extension" in time,Possibilities that are not confirmed。

The law has always been based on the prerequisite for reflecting the objective world as its fair value.,The limitations of language as the unique carrier due to the limitations of the language itself and human cognition,Can't directly reflect the original face of the objective world。If it reflects its fair value, it cannot be based on language as the unique carrier。It is in this sense,The uncertainty of the law has its own reasonableness。Derida thinks,Each social subject has its own about fairness、The concept of justice,They are diverse、Local、Justice existing in multiple ways,Therefore, a single concept of justice no Bet365 app download longer exists。People live at different social levels,Human social identity is different from the time due to time,And people’s psychology is also complicated,Therefore, the law cannot reflect social consensus,Its universality is because of ignoring the difference between the subject、Judging from the behavior of each individual through the legal rules of rigid unchanged and unchanged legal rules, it appears empty and lacks of actuality in the face of the diversity of postmodern society,Therefore, it is virtual。Drida pointed out,Universe life has no body truth,Everything is empty openness,There is no way to know the real world。People and people、People and nature,There is no possibility of communication。Related practice of justice and cultural community,Universal justice that does not exceed everything,Only justice in a specific context。and the law as an abstract rule is exactly lack of special characteristics,So the law is always unable to approach justice。This can be seen,From the perspective of law interlinkers,The method is not reliable、Decision,Its legitimacy cannot be proven,Legal and politics cannot be controlled,The law is not what it shows us。

  Proposal to build a multi -dimensional academic paradigm

One yuan essential theory has long occupied the core position of modern legal philosophy research,I believe that there is an ultimate ultimate in the objective world、The essence of the only law,Starting from the essence of conceptual reasoning can provide correctly all legal phenomena、Authoritative bet365 best casino games truth commentary。Discreated scholars use the deconstruction method to claim the perspective of perspective、Construct a multi -dimensional academic paradigm。They believe that social reality is diverse、Complex、Multi -party decision,The social field has never been a closed -end structure,but open、Non -stable、Occasionally,Therefore, they agree with heterogeneity、fragment、Differentity and diversity。This idea can be traced back to the ideal language proposed by Landwig Wittgenstein in daily language,Establish a new method of "language game"。This method is designed to examine the meaning of a word in a certain language game,Different from its similarity and diversity。From the perspective of deconstructists such as Derrita,The pursuit of law should not be in the traditional legal theory construction,should be an activity,It is a regular language game in the life world。The law does not have an objective incarnation of the objective rationality of time and space,Instead, the construction product of the "practical context" under specific historical conditions,Therefore, there is no legal essence of "all the seas of seas",Only legal nature under specific context。Law is a local knowledge,Each of us must be based on our language、experience and cultural environment to observe and understand the world。Therefore,The ultimate essence of the so -called law does not exist。No matter what the essence of the definition of law,Nothing can solve many specific legal problems。

From the perspective Bet365 lotto review of Drida,Judge’s judgment must become justice,It must follow the general rules of the law,This judgment belongs to the calculated、A programmatic order。but,Judge's judgment cannot be just one type、The behavior of the operation,Because it is facing an absolutely unique situation。This time,We follow the law,It can be said that this judgment is legal,but not just justice。It is the pursuit of justice,It must also explain and create these principles again。So,At a specific moment,Judges are always in a contradiction that must protect the law and destroy the law。Because of the legal rules, it has high uncertainty,Judges can explain the relevant rules at will、Manufacturing exceptions or make changes when applying the rules,So as to get the conclusion he wants to make。

We must objectively and correctly face the impact of Derrida's deconstructionist thoughts on the research on French philosophy。On the one hand,Decodic breaks the closedness of structuralism、One Yuanhua,Expand the fields and vision of legal philosophy research,Make philosophical research a diversified trend,This is worthy of recognition; on the other hand,Legal philosophy research on deconstruction has always been a lack of practical orientation research,It is a study that has no text。It has a meta -criticism nature,That is a criticism of criticism,Nothing to go with practice as a goal and orientation,Therefore, lack of practical guidance,No methodology meaning。

 (Author Unit: The Institute of Modernization, China Law Modernization of Nanjing Normal University)

Bet365 app download Editor in charge: Wang Ning
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