THE RECEPTION OF DECONSTRUCTION IN LEGAL STUDIES: A CRITICAL ANALYSIS

Authors

  • José Antonio Rego Magalhães Universidade Federal do Rio de Janeiro
  • Juliana Neuenschwander Magalhães Universidade Federal do Rio de Janeiro

DOI:

https://doi.org/10.5380/rfdufpr.v61i2.44177

Keywords:

Deconstruction. Jacques Derrida. Law. Violence. Critical theory.

Abstract

This paper describes the reception of Jacques Derrida’s thought, known under the title “deconstruction”, in legal studies. As the reception of Derrida’s thoughts had its place mainly in English language academia, it is through the discussion of a selection of notable authors in that tradition that this paper develops. We adopted deconstruction as a form of reading and writing, while questioning the possibility of making it a method in the strict sense. We begin by introducing the notion of deconstruction. We discussed different modes of deconstruction’s reception in legal studies, such as Critical Legal Studies and other, more liberal authors. Finally, we observed that this reception, in many cases, incurred in problems, becoming itself an object to deconstruct. That being given, we concluded that deconstruction therefore remains as a challenge to the field of legal studies. Finally, we call attention to the deeply ethical and political character of that challenge.

Author Biographies

José Antonio Rego Magalhães, Universidade Federal do Rio de Janeiro

Mestrando pela Faculdade Nacional de Direito, Universidade Federal do Rio de Janeiro (Rio de Janeiro, RJ, Brasil). Bolsista FAPERJ.

Juliana Neuenschwander Magalhães, Universidade Federal do Rio de Janeiro

Doutora em Direito pela UFMG e pela Universidade do Salento, Itália; Professora Associada da UFRJ (Rio de Janeiro, RJ, Brasil); Pesquisadora 1D do CNPq.

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Published

2016-08-23

How to Cite

Magalhães, J. A. R., & Magalhães, J. N. (2016). THE RECEPTION OF DECONSTRUCTION IN LEGAL STUDIES: A CRITICAL ANALYSIS. Revista Da Faculdade De Direito UFPR, 61(2), 95 – 115. https://doi.org/10.5380/rfdufpr.v61i2.44177

Issue

Vol. 61 No. 2 (2016)

Section

Artigos

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