Pós-estruturalismo e teoria da decisão judicial: os desafios metódicos do pensamento desconstrutivista na perspectiva de Balkin

Abstract

The main objective of this article is to discuss the proposal of transcendental deconstruction, as propose by Jack Balkin, in the realization of the law. It analyzes Derrida’s desconstruction with the theoretical contribution of Balkin. Give some exemples of how desconstruction thinking and Law can interact. Finally, it compares the transcendental deconstruction assumptions with Dworkin’s law as integrity as is analyzes a minimal voting age case to conclude that Balkin’s contribution to law are great, but cannot be used as a theory of judicial decision