Justice, Law, and the Educative Power: Revisiting ‘Force of Law’

Derrida Today 14 (2):186-206 (2021)
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Abstract

This paper examines Jacques Derrida's analysis of Walter Benjamin's ‘Critique of Violence’ in the context of their respective theories of the university. Whereas Derrida foregrounds the complex ways that the university and law are intertwined, Benjamin claims that the ‘educative power’ stands removed from the law by identifying the university with ‘divine violence’. ‘Force of Law’ not only questions the possibility of a neutral, pre-legal space that Benjamin's theory warrants, ‘Force of Law’ also draws attention to the laws structuring the colloquia that gave rise to Derrida's text. This paper claims that Derrida's analysis of justice, law, violence, and justesse is thus informed by a theory of the university, and that the ways in which Derrida's theory of law stands opposed to Benjamin's parallels the ways in which Derrida's theory of the university questions Benjamin's understanding of the ‘educative power’. This paper concludes by drawing attention to the demand posed by the absence of justice in the academy. Although the laws of the academy produce justesse in the present, this negatively affirms justice in the future, which cannot wait.

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Conceptualizing Epistemic Oppression.Kristie Dotson - 2014 - Social Epistemology 28 (2):115-138.
Epistemic Exploitation.Nora Berenstain - 2016 - Ergo: An Open Access Journal of Philosophy 3:569-590.
The Principle of Reason: The University in the Eyes of its Pupils.Jacques Derrida - 1983 - Graduate Faculty Philosophy Journal 10 (1):5-29.

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