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Necati Polat, "The Same and the Similar: Nihilism
and Mimetic Hostility", Law and Critique Vol.V/2 (1994), 219-239:
A recent rhetoric of so-called nihilism in legal theory seems merely to
reproduce one of the fundamental contradictions of the traditional rhetoric:
a distinct hostility, towards representation, mimesis, a pattern indicated
on the basis of Western philosophy in the writings of Jacques Derrida, the
philosopher who, paradoxically, has consistently been invoked by the very
"nihilists" to refute the claims of the traditionalists on the
workings of law. The essay aims to trace the specific pattern that seems
to mark the arguments about nihilism. First it presents some of the references
in the debate to the Nietzschean formulation of the concept. This is followed
by a discussion of the critique of nihilism by Heidegger. The essay then
points out the logic which forms the core of the pattern - a logic of betrayal.
This logic is responsible for the understanding of the nihilistic conception
as one of presence and evasion. The presuppositions of presence in the nihilistic
conception revive the traditional notion of identity, of the same. And evasion
signifies a revival of the traditional concept of autonomy: as a presumed
exception to the primordiality of the mimetic, the similar, evasion becomes
a condition of discursive validity. Two intertwined paradoxes are therefore
formed. As presencing, nihilism signifies re-presencing while de-presencing.
As evasion, nihilism signifies mimetic uneasiness, even hostility, in the
face of a discourse that is at the same time committed to the idea of the
primordiality of the mimetic. This logic typically marks Peter Goodrich's
work.
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