Taking Responsibility: Law's Relation to Justice and D'Amato's Deconstructive Practice

Authors

• Arthur J. Jacobson, Benjamin N. Cardozo School of LawFollow

Publication Date

1996

Journal

Northwestern University Law Review

Abstract

The Essay challenges the conventional view of law's relationship with justice by defending the indeterminacy thesis, arguing that law enhances the opportunity for taking responsibility, contrary to the usual perspective that sees justice as liability and law as defining liability. It critiques both D'Amato's belief in absolute justice and Derrida's assignment of determinacy to law, asserting that both underestimate law's capacity for justice. The Essay distinguishes between assigned and taken responsibility, advocating for a dynamic conception of law that aligns with substantive justice.

Volume

90

Issue

4

First Page

1755

Last Page

1780

Publisher

Northwestern University Pritzker School of Law

Disciplines

Jurisprudence | Law | Law and Society | Rule of Law

Recommended Citation

Arthur J. Jacobson, Taking Responsibility: Law's Relation to Justice and D'Amato's Deconstructive Practice, 90 Nw. U. L. Rev. 1755 (1996).
https://larc.cardozo.yu.edu/faculty-articles/1583