The Ethical Subject of Security: Geopolitical Reason and the Threat Against Europe by J. Peter Burgess

Author:J. Peter Burgess [Burgess, J. Peter]
Language: eng
Format: epub
Tags: Civil Rights, Peace, Political Science, Security (National & International)
ISBN: 9781136811876
Google: XfKrAgAAQBAJ
Goodreads: 17580642
Publisher: Routledge
Published: 2010-06-01T00:00:00+00:00

Conclusion

A central generalization that can be made, based on this complex correlation of justice and community, is therefore that justice is never essential or implicit. Justice is always derivative, a secondary element in a network of reference. It emerges only from a process of interpretation, an act of fixing an otherwise mobile production of juridical meaning. Justice is only attained in some pragmatic procedure, never as ideal type. Furthermore, we have seen that justice is an effect of contention. It is inseparable from one or several conflicts of interpretations. It is in this sense the meeting-place of interpretative communities.

The rule of law is thus both the repetition of a positive law, the assertion of its applicability in multiple settings and the novelty of its original application in a unique setting. Each case is different, each application of the rule of law must necessarily be unique. At the same time, each case must communicate with a general principle of law; it must surpass its setting, and make implicit reference to the possibility of other settings (Derrida, 1992a). This dialectic between universal type and particular culture meaning assures not only the vitality of legal institutions but also the possibility of their meaningfulness. It is the imbrication of the discourses of justice that support the discourses of moral, social and political communities that makes justice a meaningful term.

Download

Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.