법의 (불)가능성과 정의의 우선성 - 데리다의 법의 힘에서 해체적 기획을 중심으로 -

Abstract

This Article notes Derrida’s deconstructive understanding of the relationbetween the law and the justice in his writing, The Power of the Law(Force deloi). His deconstruction is the other name of the justice. Derrida questions theordinary understanding about the relation both them, thus notes the impossibilityof the law. Derrida doses not admit the idea that the law could achieve thejustice through the force of the law, because the law might have the force as akind of violence immanently in the process of the founding and perceiving ofit. He thinks that there is the necessity of the deconstruction of the lawbecause of the inner violence. He puts the problem of the justification of thelaw according to the deconstructive hermeneutics. For him the deconstructionmoves between the law and the justice without fixation. The specter amongtexts and contexts prohibits the fixation of the law as generality, but appearsbetween them as traces among them. This characteristic of the justice makesthe perseverance of the identity of the law stop, thus makes ways to call thejustice for others. The infinite, unaccountable and un-ruled justice deconstructsthe law, thus others are coming through the process. The justice is notrestricted by the law but beyond the law, thus reconstructs it. Derrida, throughthe way of deconstruction, tries to argue the possibility of language in the lawdefined by the justice as the others.