Law, institutions, and interpretation in Jacques Derrida

• Main Authors: Juliana Neuenschwander Magalhães, José Antonio Rego Magalhães
• Format: Article
• Language: English
• Published: Fundação Getúlio Vargas, Escola de Direito
• Series: Revista Direito GV
• Subjects: Interpretation; violence; institutions; deconstruction; critical theory
• Online Access: http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322017000200586&lng=en&tlng=en

Abstract In this paper, we would like to advocate for a certain reading of Jacques Derrida’s thinking about law, against the grain of most of his reception in legal studies. In this process, we aim to develop a better theoretical understanding of the dynamics of how law institutes itself, and continues to function as an institution, through interpretive practices that must, on one side, respect the rules of the institution and, at the same time, re-institute it on new grounds, as Jacques Derrida points out in his lecture “Force of Law: The ‘Mystical Foundation of Authority.’” The problem under investigation is how law manages to differentiate itself symbolically from violence and what are the consequences of this concerning legal interpretation. This paper’s partial conclusion is that ultimately we are better off viewing interpretation as neither fully determined by nor fully free from text and/or context.