Legal Definitions - deconstruction

Definition: Deconstruction is a method used in critical legal studies to analyze legal principles or rules by breaking down the supporting premises. This is done to show that these premises might also support the opposite rule or result. It is also known as trashing.

Example: Let's say there is a legal principle that states "all individuals have the right to freedom of speech." A deconstructionist would break down this principle to show that the supporting premises could also be used to argue against freedom of speech. For example, one could argue that hate speech should not be protected under the principle of freedom of speech.

Another example could be the legal principle that "all individuals are equal under the law." A deconstructionist would break down this principle to show that the supporting premises could also be used to argue for inequality. For example, one could argue that affirmative action policies that give preferential treatment to certain groups of people are actually promoting inequality under the law.

These examples illustrate how deconstruction is used to challenge and question legal principles and rules by breaking down their underlying assumptions and premises.