Publication Date

Winter 2004

Journal

Yale Journal of Law & the Humanities

Abstract

The article explores the intersection of friendship and law, particularly through the lens of Jacques Derrida's theory, which posits that the concept of friendship is inherently paradoxical and shaped by legal and theological frameworks. Derrida argues that the "immense rumor" of friendship reflects a historical inability to articulate amity publicly, leading to a repression of friendship in the public sphere. This repression is rooted in the humanist tradition, which draws from Graeco-Roman and Judeo-Christian influences, emphasizing the primacy of political or communal bonds over individual friendships. The analysis reveals that legal discourses have imposed prohibitions on the role of friendship, rendering it ambivalent—caught between desire and constraint, conformity and transgression.

Volume

16

Issue

1

First Page

199

Last Page

242

Publisher

Yale Law School

Disciplines

Common Law | Judges | Jurisprudence | Law | Law and Society | Philosophy

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