Thèse soutenue

Justice en tant que loi, justice au-delà de la loi : Hobbes, Derrida et les Critical Legal Studies

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Auteur / Autrice : Serpil Tunç
Direction : Martine Leibovici
Type : Thèse de doctorat
Discipline(s) : Philosophie politique
Date : Soutenance en 2016
Etablissement(s) : Sorbonne Paris Cité
Partenaire(s) de recherche : Autre partenaire : Université Paris Diderot - Paris 7 (1970-2019)

Résumé

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The thesis aims at an examination of the relationship between justice, rights and laws. To do that, first part of the thesis wishes to investigate Thomas Hobbes, namely the chief representative of positivist jurisprudence, who considers justice to be a naturel law the enforcement of which is to be guaranteed alone by the sovereign. Thus, that leads justice to a circular relation between positive laws, power and violence. In so far as it is the notion of sovereignty that brings justice into the circular relation constituted by positive laws, power and violence. Rather than criticizing the notion of sovereignty, this work, taking another approach, wishes to focus on Jacques Derrida who tries to deconstruct sovereignty. Accordingly, the second part concerns the influential proposition ''the deconstruction is justice'' stated by Derrida against Hobbes, on behalf of defending a justice beyond the law. While developing a notion of justice that is beyond the law, Derrida has no intention to deny the necessity of the law as such. So we are confronted with a paradox consisting of fact that we must both deconstruct the law and remain within its boundaries. It is exactly where we begin to pose the question of how this paradox is could be taken into account in the juridical domains of application. (Jurists, professors and theoreticians of law) It is for that reason that, the third part of the thesis investigates the two generations of the Derridean influence on Critical Legal Studies(CLS), originated in United-States.