The politics of Derrida's legal theory

What is it about?

This article presents an argument that the legal theory of the late French theorist Jacques Derrida can, and does, engage with 'politics' and not merely 'the political.' It draws on the history and significance in deconstructive theory between 'la' and 'le politique' respectively and presents a re-reading of Derrida's famous essay 'Force of Law: The "Mystical Foundation of Authority."'

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Why is it important?

This article presents an original reading of Jacques Derrida's legal theory which draws on work not often referenced in legal studies. Specifically, it refers to the work done on the historically significant development in French theory which proposed the division between 'la' and 'le politique' ('politics' and 'the political'). In doing so it provides a strong retort to 'meta-ethical' readings of Derrida which view his work to be merely abstract and removed from everyday politics and justice. This allows for an argument whereby Derrida's work is rescued from accusations of abstract and ethereal passivity.