ABSTRACT

This chapter attempts to connect the theme of the voice with the concern for the deconstruction of the legal text within the critical legal movement. It analyzes some literature on resistance, namely the perspective on resistance offered by John Rawls, Martha Nussbaum, Judith Butler and Adriana Cavarero. The chapter presents Adriana Cavarero's reading of Hannah Arendt's work. It discusses Judith Butler's theory of resistance: a theory that aims to include difference and excess in the ideological mechanisms of the established order by being critical of normative and ideological intelligibility and through subverting practices that cause ruptures within the system. Law as a discourse of the symbolic order speaks the voice of the general and universal legal subject and is unable to include singularity and uniqueness. Law also reflects the liberal perspective of an autonomous and independent subject who enjoys rights; whereas speaking in one's voice implies awareness of vulnerability, connection, relationality and leaning toward others.