La deconstrucción de las categorías de derecho e interés

Abstract

The aim of this work is to elucidate the contemporary deconstruction of the dyad of law/interest as a foundation for claiming a specific entitlement; two concepts that traditionally stood in mutual exclusion. The methodology employed involves three stages: (a) elucidating the foundation of law (ius) and its distinction from interest in the classical and medieval world; (b) explicating the reasons why certain currents of Modernity invert this foundation, focusing it more on the individual and the concept of subjective consciousness. Lastly, (c) demonstrating how poststructuralism closes the door on the notion of a "foundation" and renders the difference between opposites "undecidable," through what Derrida terms the "logic of supplement." This logic paves the way for deconstructive reading, engaging in a renewed model of sophistry by philosophically evading the distinction between rights and (mere) interests. Finally, a concrete example of deconstruction between law and interest is proposed, based on the concept of "merit" for selection to a particular position.