“This strange institution called literature” and the law

Abstract

This paper analyzes, in a punctual and problematic way, the famous article by Jacques Derrida titled This Strange Institution Called Literature, with aims of finding possible implications for law and legal thinking. Based on Derrida’s ideas, we attempt to map the fundamental aspects of the Law and Literature approach, as well as its meaning regarding philosophy. By studying Derrida, however, we do not hinder the dialogue with other thinkers, who may have influenced him as well as opened up the possibility for disagreeing in substantial matters, such as the supposed possibility of literature to “say everything”. Thus, the non-institutionality of literature and its intrinsic democratic power are hereby explored as fundamental elements to see this approach as more than casual. With its invaluable capacity of raising questions, literature is a powerful rival to totalitarian regimes and a strong democracy fosterer. Furthermore, with the aesthetic pleasure granted by its narratives, literature also has a deconstruction trait, and it shields us against the ever-present risks of decisionism.

Keywords

• literatura
• direito
• democracia
• derrida
• decisão.