Laws of Deliberation: From Audaciousness to Prudence ... and back

Abstract

From the perspective of a political philosophy of law, this essay explores the rich encounter of the thoughts of Jacques Derrida and Jean-Luc Nancy. This articulation discloses the opportunity for a new mode of thinking and writing the political that challenges current models of legal and political legitimacy. This opportunity and task of thought is called de-liberation, as deconstruction of freedom, and deconstruction of deliberation. Furthermore, an account of radical freedom and reason is found in de-liberation. Following Derrida’s description of Nancy’s approach to freedom, this essay undertakes a work of translations; from audaciousness into prudence ... and back. It escapes from Nancy’s audaciousness to fall onto Derrida’s prudent world, and only then, perhaps, return to the shelter that comforts both, to the spacing that they share out. Deliberation and freedom are, however, scathed by such a lacerating sharing. Severed from the law – but exposed to the law of the law – they demand and yet persist in de-liberation.