UWCScholar :: Browsing by Author "De Ville, Jacques"

Browsing by Author "De Ville, Jacques"

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Animal, Subject, Constitution. Mosaic: an interdisciplinary critical journal
(Johns Hopkins University, 2021) De Ville, Jacques
Subjectivity and a civil constitution, according to Kant, are both made possible by a certain power or ability, which the human being has in comparison with animals. This essay examines Derrida's reading of Kant's Anthropology from a Pragmatic Point of View, and explores its implications for constitutional democracy.
Book Review: Judith Still, Derrida and Hospitality: theory and practice
(Edinburgh University Press, 2013) De Ville, Jacques
A book review of Judith Still, Derrida and Hospitality: theory and practice, (Edinburgh, Edinburgh University Press, 2010), 294 pp. ISBN 978-0-7486-4027-0
Constitution-making in Zimbabwe : assessing institutions and processes
(University of the Western Cape, 2016) Marumahoko, Sylvester; Fessha, Yonatan Tesfaye; De Ville, Jacques
Since its conquest by Britain in 1890, Zimbabwe has witnessed a series of constitution-making projects. Spanning over 100 years, the question of constitutional development has continued to dominate public debate. The end of colonial rule did not see an end to the demand for a constitution that is legitimate and durable. The search for an enduring and good constitution continued into the 21st century. With the unveiling of the 2013 constitution-making project, however, it seemed as if a long lasting solution had been 'delivered' on the question of a legitimate and durable constitution. The thesis assesses the questions of institutions and processes in Zimbabwe’s quest to construct a new constitution. It contends that institutions and processes used to make constitutions are as important as the contents of a final constitution. That is why more time and efforts are often spent negotiating the twin questions of institutions and processes of constitution-making than is spent negotiating the content of a constitution. With this in mind, the thesis develops standards for assessing institutions and processes used in successive constitution-making projects in Zimbabwe. A major finding of the assessment is that the twin questions of institutions and processes were neglected in all constitution-making efforts undertaken in Zimbabwe, including that which culminated in the creation of the Constitution of 2013. The thesis maintains that a lot of significance must be attached to the design of institutions and processes of constitution making if a constitution is to be enduring and widely accepted as legitimate.
Deconstructing the Leviathan: Derrida’s The Beast and the Sovereign
(Multidisciplinary Digital Publishing Institute (MDPI), 2012) De Ville, Jacques
Derrida’s The Beast & the Sovereign volume I, explores the contradictory appearance of animals in political discourse. Sometimes, as he points out, political man and the sovereign state appear in the form of an animal, and at other times, as superior to animals, which he is the master of. In session two of the Seminar, the main focus of this essay, Derrida explores the ‘origin’ of this contradictory logic inter alia with reference to animal fables, which he contends draw on unconscious forces in their invocation of images. They pretend to make known something that cannot be the object of knowledge. In the same vein Derrida shows how Hobbes’s Leviathan, and sovereignty itself, are constructed and maintained through an uncanny fear, a fear not in the first place of one’s fellow man, but of the wolf within the self, that is, the drive to self-destruction. It is the repression of this wolf, Derrida suggests, which leads to the further contradictory logic (in Hobbes) of excluding both beast and God from the covenant, whilst maintaining God as the model of sovereignty. God, in other words, ‘is’ the beast repressed, and can therefore hardly serve as foundation of sovereignty. The self, and ultimately sovereignty, it can be said in view of Derrida’s analysis, is never purely present to itself, but instead arrives at itself by way of the ‘binding’ of unconscious forces. Sovereignty in this way ultimately shows itself to be divisible.
Deconstruction and law: Derrida, Levinas and Cornell
(University of Windsor, 2007) De Ville, Jacques
Drucilla Cornell’s book The Philosophy of the Limit has for a long time been an important reference point in attempting to understand the relation between deconstruction and law. This article examines some of the themes discussed by Cornell in this influential book. The article specifically evaluates the translation of Derrida’s thinking into law as argued for by Cornell and concludes from this reading that Cornell to some extent misrepresents and also unnecessarily “tames” Derrida’s thinking. Instead of leading to the radical transformation of law and society, Cornell’s book gives support to an understanding of the relation between law and justice that is unlikely to have this effect. The article expounds a different reading of deconstruction based on a number of Derridean texts and argues that Derrida’s thinking poses a more radical challenge to law than that presented by Cornell.
Derrida and legal scholarship: A certain step beyond
(Springer, 2009) De Ville, Jacques
A book review of 'Derrida and Legal Philosophy' edited by Peter Goodrich, Florian Hoffmann, Michel Rosenfeld, Cornelia Vismann, published by Palgrave Macmillan (Basingstoke, Hampshire/New York), 2008, ISBN-13: 978-0-230-57361-1.
Derrida's 'The Purveyor of Truth' and constitutional reading
(Springer, 2008) De Ville, Jacques
In this article the author explores Jacques Derrida’s reading in ‘The Purveyor of Truth’ of Edgar Allan Poe’s ‘The Purloined Letter’. In his essay, Derrida proposes a reading which differs markedly from the interpretation proposed by Lacan in his Seminar on ‘The Purloined Letter’. To appreciate Derrida’s reading, which is not hermeneutic-semantic in nature like that of Lacan, it is necessary to look at the relation of Derrida’s essay to his other texts on psychoanalysis, more specifically insofar as the Freudian death drive is concerned. The present article explores this ‘notion’ as elaborated on by Freud in Beyond the Pleasure Principle as well as Derrida’s reading of this text. It also investigates the importance of the ‘notion’ of the death drive as well as the significance of Derrida’s reading of The Purloined Letter for constitutional interpretation.
Derrida, the conditional and the unconditional
(Juta Law, 2007) De Ville, Jacques
In his recent book, Law and Sacrifice: Towards a Post-Apartheid Theory of Law, Johan van der Walt gives a clear exposition of the possible impact of inter alia Jacques Derrida's thinking on law. In this article, the book is critically analyzed and it is shown that Derrida's texts provide scope for a different interpretation. With reference to a number of themes it is shown that Derrida's thinking is more far reaching than in Van der Walt's model. The unconditional for example plays a vital role in Derrida's thinking while it is almost absent in Van der Walt's model. Van der Walt stresses the need for plurality and the impossibility of reconciliation between different views of the law in a particular case. Such an approach can have conservative political consequences. A different interpretation of Derrida, where the unconditional is more prominent, holds more promise for a post-apartheid theory of law.
Desire and language in Derrida’s 'Force of Law'
(Franz Steiner Verlag, 2009) De Ville, Jacques
In this article, the author proposes a reading of 'Force of Law' from two angles: boundless desire and the ‘law’ of language. The author contends that an analysis from these perspectives casts new light on the notion of the ‘mystical’, as well as repetition, singularity and good/evil as they appear in Derrida’s text. In exploring the ‘notion’ of desire, the article focuses specifically on Derrida’s analysis of Freud’s Beyond the Pleasure Principle in To Speculate – On Freud where the death drive is explored. The author shows the importance of this essay for an understanding of the relation between justice and law. The mystical and justice, the author contends, is to be understood with reference to the death drive, and repetition or law enforcement as its return. Law enforcement could also be viewed in terms of the ‘notion’ of iterability in Derrida’s texts on language. These perspectives furthermore allow for an understanding of singularity in terms of unconditionality and of justice as beyond good and evil.
Freedom of expression under apartheid
(University of the Western Cape, 2009) Bouhot, Perrine; De Ville, Jacques; Faculty of Law
Over the past decades, transitions from repressive rule to democracy have increased all over the world, aiming at establishing disclosure and accountability for the crimes perpetrated. One way of assessing the “solidity” of these new democracies is to look at their provisions on freedom of expression, one of the most precious and fragile rights of man. The right to freedom of expression was recognised by classical traditional liberal theory as from the eighteenth century. It considered it as a useful tool to enhance true statements within the marketplace of ideas. Liberals also believed that such right was a prerequisite for individual autonomy and self-fulfillment. They claimed that it strengthened democracy, by allowing individuals to receive all information on issues of public concern which they needed to vote intelligently. Lastly, they argued that it promoted the ideal of tolerance. Since then, the right to freedom of expression has been considered a cornerstone of democracy and protected as such by international instruments among which the International Covenant on Civil and Political Rights of 1966, the African Charter for Human and Peoples' Rights of 1981 and the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950.
The ghostly dance of Zarathustra
(2013) De Ville, Jacques
Reading of C.W. Maris’s Nietzsche-Niëzky-Nijinsky: De Dans van Zarathustra (2004) and De Dans van Zarathustra: Nietzsche en de vrolijke rechtswetenschap (2006).
The Gift and the meaning-giving subject: A Reading of Given Time
(Springer, 2010) De Ville, Jacques
In this essay the relation between justice and the gift in Derrida’s thinking is explored. The essay shows that an understanding of the ontological difference or the relation between Being and beings in Heidegger’s thinking as well as Freud’s speculations on the death drive are essential to comprehend the ‘concept’ or ‘notion’ of différance as well as the gift in Derrida’s thinking. The analysis points to the complexity of Derrida’s thinking in his contemplation of the relation between justice and law and the need for a broader investigation to understand what is at stake in this regard. An exploration of the gift shows that Derrida’s thinking on justice is not ‘relativistic’ as is often assumed and that the gift can in a certain way function as a ‘guide’ in questions of constitutional interpretation.
Kurds Kurdistan and the claim of the right of self determination of peoples
(University of the Western Cape, 1997) Kalay, Mehmet Siddik; De Ville, Jacques
Background: Since the French Revolution, the concept of self-determination has been inter-twined with international political discourse. Conflicting interpretations of the concept of self-determination have given rise to much international conflict and bloody wars have been fought in pursuit of the exercise of self-determination. The concept of the self-determination of peoples have shaped many state borders in our modem day world and its application is expected to effect even further changes to state borders, political structures within states as well as political relations between different states in future. In what follows, the historical development of the concept of self-determination as well as its development in modem international law will be examined. It is submitted that a clear understanding of the concept of the right of self-determination of peoples firstly requires an analysis of each of the constituent elements, such as: What is a right? Who is the self? Who determines the criteria for the purpose of establishing who is the 'self? What is to be determined?
Levinas on law: A Derridean reading of Manderson’s Proximity, Levinas, and the Soul of Law
(Griffith University, Griffith Law School, Socio-Legal Research Centre, 2007) De Ville, Jacques
In this article, Desmond Manderson’s book, Proximity, Levinas, and the Soul of Law (2006) is analysed specifically with reference to the accuracy with which it translates Derrida’s thinking into law. Manderson, in a number of instances, invokes Derrida’s thinking as a ‘corrective’ to that of Levinas. The author shows that this invocation by Manderson of Derrida’s texts is selective and does not take account of Derrida’s broader ‘philosophical’ approach. The author points to the differences between, but also the correspondence in the thinking of Levinas and Derrida. He contends that being true to Derrida’s thinking requires that proximity be viewed not as simply making law responsive as proposed by Manderson, but as having a paradoxical structure. The latter would give expression to the distinction that Derrida draws between the conditional and the unconditional. Only if proximity is viewed in this manner will judges be faced with a true responsibility in deciding negligence cases; only then will justice stand a chance.
The limitation of fundamental rights
(University of the Western Cape, 1999) Barday, A. G.; De Ville, Jacques
South Africa's new Constitution has been hailed as one of the most democratic and sophisticated in history, surpassing even the Constitutions of many first world countries. Of paramount importance in the Constitution is the limitation clause. In this dissertation, an endeavour shall be made to shed light on the provision for the limitation of rights in section 36( 1) of the 1996 Constitution. 1 Allusion will be made to section 33 of the 1993 Constitution2 so that the rationale, relevance, content and context of section 3 6(1) can be more meaningfully appreciated.
Madness and the law: The Derrida/Foucault debate revisited
(Springer, 2010) De Ville, Jacques
In this article the Derrida/Foucault debate is scrutinised with two closely related aims in mind: (1) reconsidering the way in which Foucault’s texts, and especially the more recently published lectures, should be read; and (2) establishing the relation between law and madness. The article firstly calls for a reading of Foucault which exceeds metaphysics with the security it offers, by taking account of Derrida’s reading of Foucault as well as of the heterogeneity of Foucault’s texts. The article reflects in detail on a text of Derrida on Foucault (‘Cogito and the History of Madness’) as well as a text of Foucault on Blanchot (‘Maurice Blanchot: The Thought from Outside’). The latter text shows that Foucault was at times acutely aware of the difficulty involved in exceeding metaphysics and that he realised the importance in this regard of a reflection on literature. These reflections tie in closely with Foucault’s History of Madness as well as with Derrida’s reflections on literature and on madness. Both Derrida and Foucault contend that law has much to learn from literature in understanding the relation between itself and madness. Literature more specifically points to law’s ‘origin’ in madness. The article contends that a failure to take seriously this origin, also in the reading of Foucault’s lectures, would amount to a denial by law of itself.
Mythology and the images of justice
(University of California Press, 2011) De Ville, Jacques
This essay enquires into the depictions of Justice through the ages, as well as the myths surrounding these depictions, more particularly in Egypt, Greece, and Rome, as well as in modern times. The essay departs in significant respects from traditional interpretations by seeking to gain from the insights in relation to mythology and the use of symbols provided by psychoanalysis, structuralism, Heidegger’s thinking on Being, and deconstruction. Insofar as psychoanalysis is concerned, of importance in the present context is Freud’s analysis of symbolism in the interpretation of dreams and in myths, specifically insofar as he contends that the symbols employed there almost invariably have a sexual connotation. The approach of Claude Lévi-Strauss is the focus of the detour through structuralism, with Lévi-Strauss challenging certain of the most prevalent ideas in relation to myth, such as that there is some original version of a myth, usually believed to be the earliest version. In the case of Heidegger, of particular importance is his challenge to us “moderns” to not be too quick in our belief that we understand ancient texts or the ancient conceptions of deities. He more specifically places in question the common belief that the gods and goddesses are persons or that they are abstract personifications of concepts. Derrida, in his analysis of the texts of Freud, Lévi-Strauss and Heidegger, further develops the ideas of each of these thinkers, seeking thereby to go beyond the Oedipus complex, beyond the security of structure, and beyond Being. After an analysis of depictions of the goddesses Ma’at, Themis, Dike and Justitia, based on the insights gained in the preceding analysis, the essay concludes with a reading of the blindfold of Justice in her modern guise which seeks to exceed metaphysics. Drawing specifically on Derrida’s analysis of blindness in drawing, it arrives eventually not at the essence, but the an-essence of justice.
The protection of languages and of language rights in the South African constitution
(University of the Western cape, 2011) Fredericks, Izak Nicolaas Andreas; De Ville, Jacques
The 1996 South African Constitution contains a number of provisions that deal specifically with the protection of languages and of rights relating to language. The most important of these is section 6 which recognises 11 languages as official languages. This recognition is in line with recent developments in international law where common standards in relation to the protection of minority languages are in the process of being developed. The recognition of multilingualism as well as its implementation is thus becoming an obligation resting on all states, including South Africa. International law shows that persons belonging to linguistic minorities are entitled not only to protection against discrimination based on the language they speak, that is, formal equality, but also to positive state action in order to ensure their substantive equality. International law furthermore prescribes that where protection is given to minority languages, the principle of proportionality must guide states, and that legislation needs to be sufficiently detailed in bringing about such protection. The present thesis has as its main aims the interpretation of the provisions of the 1996 Constitution, in accordance with the above-mentioned international standards and the evaluation of the extent to which South African has complied with its constitutional obligations. The thesis in addition makes proposals in relation to what needs to be done to comply with such obligations. This is done in respect of the three levels of government - national, provincial and local - as well as the three state branches - the legislature, the executive and the judiciary. In addition, the implementation of the constitutional requirements in the educational sector is analysed.The thesis shows that a number of steps have thus far been taken in the process of giving effect to the relevant provisions of the Constitution. This includes the adoption of language policies on the national, provincial and local levels, as well as the enactment of language legislation in some provinces. In many provinces as well as municipalities, little effort has however been made to comply with these constitutional obligations. On the national level, much likewise still remains to be done in this regard. The current South African Languages Bill (2011) only caters for the activities of the national government, and does so in a way which conflicts with international norms. The Bill does not deal with parliament or the courts, and much uncertainty remains about the way in which the Constitution is to be given effect to in relation to these state branches. In relation to education, the issue of single-medium schools has been controversial, but has now been resolved by the Constitutional Court. Commendable policies have furthermore been adopted to provide for mother-tongue education, but it appears that English is slowly becoming the dominant language in education, at the expense of mother-tongue instruction.
The protection of languages and of language rights in the South African constitution
(University of the Western cape, 2011) Fredericks, Izak Nicolaas Andreas; De Ville, Jacques
The 1996 South African Constitution contains a number of provisions that deal specifically with the protection of languages and of rights relating to language. The most important of these is section 6 which recognises 11 languages as official languages. This recognition is in line with recent developments in international law where common standards in relation to the protection of minority languages are in the process of being developed. The recognition of multilingualism as well as its implementation is thus becoming an obligation resting on all states, including South Africa. International law shows that persons belonging to linguistic minorities are entitled not only to protection against discrimination based on the language they speak, that is, formal equality, but also to positive state action in order to ensure their substantive equality. International law furthermore prescribes that where protection is given to minority languages, the principle of proportionality must guide states, and that legislation needs to be sufficiently detailed in bringing about such protection. The present thesis has as its main aims the interpretation of the provisions of the 1996 Constitution, in accordance with the above-mentioned international standards and the evaluation of the extent to which South African has complied with its constitutional obligations. The thesis in addition makes proposals in relation to what needs to be done to comply with such obligations. This is done in respect of the three levels of government - national, provincial and local - as well as the three state branches - the legislature, the executive and the judiciary. In addition, the implementation of the constitutional requirements in the educational sector is analysed.The thesis shows that a number of steps have thus far been taken in the process of giving effect to the relevant provisions of the Constitution. This includes the adoption of language policies on the national, provincial and local levels, as well as the enactment of language legislation in some provinces. In many provinces as well as municipalities, little effort has however been made to comply with these constitutional obligations. On the national level, much likewise still remains to be done in this regard. The current South African Languages Bill (2011) only caters for the activities of the national government, and does so in a way which conflicts with international norms. The Bill does not deal with parliament or the courts, and much uncertainty remains about the way in which the Constitution is to be given effect to in relation to these state branches. In relation to education, the issue of single-medium schools has been controversial, but has now been resolved by the Constitutional Court. Commendable policies have furthermore been adopted to provide for mother-tongue education, but it appears that English is slowly becoming the dominant language in education, at the expense of mother-tongue instruction.
Rethinking power and law: Foucault’s Society must be Defended
(Springer, 2011) De Ville, Jacques
Michel Foucault provides a radical challenge to the liberal approach to power and law, which is echoed by Jacques Derrida. Important differences exist between the analyses of Foucault and Derrida which should not be overlooked. This essay proceeds on the basis of an awareness of these differences, yet it at the same time attempts to bring these thinkers closer together, with reference specifically to the thinking of Freud. It is often said that Foucault does not offer an alternative to that which he criticises or that his analyses do not provide for a way in which to escape from the effects of power. By specifically focusing on Foucault’s reliance on the notion of ‘play’ in Society Must Be Defended, it is submitted that an ‘escape’ is in fact provided for. The deconstructive reading of Foucault which is presented here attempts to ensure that Foucault does not remain trapped within metaphysics.

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