Skip to main content

The Case of the Hypocritical

Zartaloudis, Thanos (2005) The Case of the Hypocritical. Law & Critique, 16 (3). pp. 387-418. ISSN 0957-8536. E-ISSN 1572-8617. (doi:10.1007/s10978-005-2244-6) (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided) (KAR id:43585)

The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided. (Contact us about this Publication)
Official URL
http://dx.doi.org/10.1007/s10978-005-2244-6

Abstract

This paper analyzes the idea of critique as an idea, in relation to the problematic fiction of legal foundations. In doing so, it refers to the work of Giorgio Agamben and Jean-Luc Nancy. In particular, Jean-Luc Nancy’s concept of the lapsus of right (jus) is explored in relation to the fiction of a Law of law and the notion of the Right to have rights. The paper argues for the conception of an immanent critique of law that seeks to have done with foundational judgments as primary to critique. To have done with judgment as primary is crucial as judgment is the way in which philosophies of law have attempted to establish their own justification while claiming that such a ground or justification comes from an external source. Instead, what is to be reconceived and in a preliminary way is that critique and its concepts are intimate to their problems and vice versa.

Item Type: Article
DOI/Identification number: 10.1007/s10978-005-2244-6
Subjects: K Law > K Law (General)
Divisions: Faculties > Social Sciences > Kent Law School
Depositing User: Sian Robertson
Date Deposited: 22 Oct 2014 10:45 UTC
Last Modified: 08 Feb 2020 04:06 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/43585 (The current URI for this page, for reference purposes)
Zartaloudis, Thanos: https://orcid.org/0000-0003-2456-1534
  • Depositors only (login required):