A CRITICAL RIGHT, BETWEEN THE IMPERSONAL AND THE IMPROPER

Abstract

Deconstructing the category of 'person' enables us, on one hand, to enhance a community law based on a logic of reciprocal giving or common indebtedness as the basis of the impersonal; and on the other hand, the possibility of thinking of a community law where the improper (that is, what exists outside the person, in this case the dispute) constitutes its very existence, its origin. The impersonal and the improper are a welcome divergence to remove the centrality and fatal oscillation of the category of 'person', with the accordingly lack of protection of the human sphere. This epistemic underlining leads us to the deconstruction of what Esposito calls the person appliance, whose permanence over the years has nurtured an aporetic background, that marked and heralds a painful split between law and life.