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It is not the case that If rule-application always involves such discretion, Derrida's 'just' decision cannot be distinguished structurally from what he dismisses as merely 'right'.
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Reasons For
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Reason for
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1.
Derrida's 'just' decision requires confronting aporia and singularity, while 'merely right' application relies on pre-given rules—these involve structurally different orientations.
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2.
The presence of discretion everywhere doesn't entail the collapse of distinctions; discretion itself can be exercised responsibly or irresponsibly, justly or unjustly.
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3.
Derrida emphasizes ethical responsibility and violence in decision-making; this normative dimension distinguishes 'just' from 'right' even if both involve discretion.
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Reasons Against
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Reason against
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1.
Discretion in rule-application is logically unavoidable: rules require interpretation, and interpretation requires judgment beyond the rule itself.
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2.
If both 'just' decisions and 'right' applications involve irreducible discretion, the distinction between them collapses into a difference of rhetoric, not structure.
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3.
Derrida's own account of undecidability suggests that all determinate decisions rest on abyssal grounds, making structural differentiation impossible.
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