Tradition, Betrayal, and the Politics of Deconstruction

Abstract

Using deconstructive techniques to make political and legal arguments raises the obvious question whether there is any connection between deconstruction and politics or deconstruction and justice. In fact, I believe that there are important connections between deconstruction, justice, and politics. But deconstruction itself does not have a politics, or rather, it has only the politics of those who make use of it. And deconstruction itself is not just, although it may be used to pursue justice. These are controversial claims. In this essay I want to explore them by deconstructing a particular case that raises issues of justice. It concerns the concept of tradition in constitutional law. I shall use deconstruction to explore this important and enigmatic concept, and, equally importantly, to consider what this deconstructive analysis tells us about the relationship of deconstruction to ethical and political choice.