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Christoph Menke in dialogue
Series: Critical Powers
Editor:

This book focuses on the paradoxical character of law and specifically concerns the structural violence of law as the political imposition of normative order onto a "lawless" condition. The paradox of law which grounds and motivates Christoph Menke's intervention is that law is both the opposite of violence and, at the same time, a form of violence. The book develops its engagement with the paradox of law in two stages. The first shows why, and in what precise sense, the law is irreducibly characterized by structural violence. The second explores the possibility of law becoming self-reflectively aware of its own violence and, hence, of the form of a self-critique of law in view of its own violence. The Book's philosophical claims are developed through analyses of works of drama: two classical tragedies in the first part and two modern dramas in the second part. It attempts to illuminate the paradoxical nature of law by way of a philosophical interpretation of literature. There are at least two normative orders within the European ethical horizon that should be called "legal orders" even though they forego the use of coercion and are thus potentially nonviolent. These are international law and Jewish law. Understanding the relationship between law and violence is one of the most urgent challenges a postmodern critical legal theory faces today. Self-reflection, the philosophical concept that plays a key role in the essay, stands opposed to all forms of spontaneity.

Andreas Fischer- Lescano

constitutively tied to “the” political community: “There is no law outside the polity”; “the justice of law can exist only in a community of equal citizens” (p. 14). Both conjunctions –​the unitary conception of the community and the concession of monopoly power over the law to the polity –​are problematic. They tend to obscure patterns of inequality, sources of resistance within configurations of power,14 intersectional structures of discrimination and polycentric lines of exclusion, and unequal distributions of resources.15 Claude Lefort has accordingly substituted the

in Law and violence
Open Access (free)
Christoph Menke

scene: in the guise and on the scene of the subject).45 The experience of tragedy thus accentuates the problem of how there can be a critique of the violence of law at all. “Critique,” Benjamin writes, is the title for the “discriminating and decisive approach” (“Critique”, 251). The critical “discrimination” being sought is one between the fateful 35 Law and violence 35 violence that continues and repeats itself ad infinitum and an agency (or “violence”) that breaks with fate by sublating itself in its purpose. But as tragedy demonstrates, in law, the two –​the

in Law and violence
Abstract only
Peter Shirlow
,
Jonathan Tonge
,
James McAuley
, and
Catherine McGlynn

, but there has been an undoubted shift both in terms of practice and intent within the wider body of non-state combatants (Shirlow and McEvoy, 2008). The role and future of the former prisoner community is set against the enduring realities of criminalisation and discrimination. The role played by that community in upholding and delivering peace has been instrumental in the relegation of violence to

in Abandoning historical conflict?
Jean-François Caron

opportunities, these societies have a duty to implement a politics of difference by treating people differently in order to ensure their right to equally pursue their freely chosen way of life without being victims of discrimination. Of course, social contingencies are not the only problems that can prevent individuals from enjoying equal opportunities in life. Natural infirmities and other genetic pathologies also play a constitutive

in A theory of the super soldier
Joseph Heller

religion, including Islam and Christianity. 52 The Israeli foreign ministry claimed that even though 310 Soviet Jews had immigrated to Israel in 1963, as opposed to seven in 1959, official discrimination in the Soviet Union had become worse. The Jews were slandered in the Soviet press as parasites who worshiped the golden calf and hatched nefarious plots. The solution would be to have the two blocs remove the Middle East from the

in The United States, the Soviet Union and the Arab– Israeli conflict, 1948– 67
Lee Jarvis
and
Michael Lister

disadvantaged and socially excluded? (Swansea, Black, Female) Where we encountered such arguments, anti-terrorism initiatives were not depicted as the sole, or even primary, source of racial discrimination. Rather, these were described as contributing to the singling out of minorities and thereby as exacerbating experiences of unequal treatment. As

in Anti-terrorism, citizenship and security
Naomi Head

practices which involve the systematic exclusion of some racial or ethnic group through discrimination. Empirically, it is unlikely that such a practice would satisfy the condition of consensus as this would require support from those excluded as well those included. But, it is possible that such a consensus might be achieved through repressive means. The repression necessary to

in Justifying violence
Abstract only
Sandra Buchanan

overcoming their problems of economic disadvantage and social discrimination than … in changing the political status’. 5 While the three programmes, particularly the IFI and Peace, were unable of themselves to completely close the interdependence gap, they made a considerable contribution towards narrowing it, particularly in terms of developing vertical capacity, through their implementation

in Transforming conflict through social and economic development
Bernadette C. Hayes
and
Ian McAllister

permanently in government. This had a range of negative consequences, the most important being how the government and opposition behaved. The Unionist government was in practice unaccountable for its decisions, and as a result, successive governments engaged in numerous acts of discrimination against the Catholic minority, particularly at the local government level. 7 For its part, the permanent minority

in Conflict to peace