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Reflections on Menke’s ‘Law and violence’
Alessandro Ferrara

of lawmaking and violence. In a passage quoted by Menke, Benjamin clarifies the twofold function of violence in lawmaking: on the one hand “lawmaking pursues as its end, with violence as the means, what is to be established as law”;10 on the other hand, what gets so established is “not an end unalloyed by violence, but one necessarily and intimately bound to it, under the title of power.” Thus, Benjamin concludes, “lawmaking is power making, and, to that extent, an immediate manifestation of violence.”11 This is the mythical constitution of power under the guise of

in Law and violence
Open Access (free)
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

167 6 Postmodern legal theory as critical theory Andreas Fischer-Lescano (Translated by Gerrit Jackson) Understanding the relationship between law and violence is one of the most urgent challenges a postmodern critical legal theory faces today. In his essay, Christoph Menke explores the thesis that violence is to be thought of not as an external quality of law but as an essential part of its constitution. While his concise analysis reveals the fundamental conflict between the autonomy and the social responsiveness of law, I will suggest that we must radicalize

in Law and violence
Open Access (free)
Alexander García Düttmann

, to others, and to the world, in the guise of judgments. And he also describes it as a non-​tautological sphere that is essentially oriented towards an outside, given that this outside, this sphere beyond the sphere of the law, comes into existence with the constitution of the juridical sphere itself. The two descriptions are associated with one another in important ways because the autonomous subject of the law cannot avoid relating to the non-​autonomous subject that resists the law and remains outside of it. 198 198 Responses In fact, in his description of

in Law and violence
Open Access (free)
Towards a re-thinking of legal justice in transitional justice contexts
María del Rosario Acosta López

an end in itself –​violence as the self-​assertion of the law, namely, violence as “a relation of pure enforcement,” “violence through and through” (p. 22). At this point, the manifestation of the law as violence appears to be the same as the violence in a pre-​legal, retributive, stage. The situation in the law, at least as it is enforced and hence understood in its first constitution (as universal and sovereign), is similar to the repetition in the case of retributive justice: “Law, too,” Menke writes, “must perpetually repeat its own violent enforcement” (p. 22

in Law and violence
Open Access (free)
Daniel Loick

the law simply because they recognize it as reasonable. 101 Law without violence 101 This is what Benjamin has in mind when he refers to diplomacy as an instance of nonviolent conflict resolution.12 For Kant, the condition for such an international order to be effective is that all member states have a republican constitution: only a just internal order disposes states to follow international law even when they are not forced to do so. If we replace “republican” with “radically democratic,” we arrive at a plausible description of the conditions necessary to

in Law and violence
Open Access (free)
Christoph Menke

introduce a notion of law that seeks to find a coherent way of conceptualizing law’s opposition to violence and its own exercise of violence. At the second level, I examine the process in which the conflict between the two characteristics unfolds. This process is likewise that of a critical reflection on law as a process in law: the process of its self-​criticism. The second level, therefore, examines the possibility of a different law, namely the question of how law might reflect on its aporetic constitution and thereby change itself. The difficulties that emerge at

in Law and violence
Open Access (free)
Christoph Menke

whole), into a part [partie] of a larger whole from which this individual receives, in a sense, his life and his being; to alter man’s constitution in order to strengthen it; to substitute a partial [partielle] and moral existence for the physical and independent existence we have all received from nature. In a word, he must deny man his own forces in order to give him forces that are alien to him and that he cannot make use of without the help of others” (J.-​ J. Rousseau, On the Social Contract, book II, ­chapter 7: “On the Legislator,” trans. D. A. Cress

in Law and violence
Itinerant death at the Ground Zero Mosque and Bali bombsite
Charlotte Heath-Kelly

sites, awaiting reconstruction. Rather unexpectedly, however, bombsites move. They are not fixed as the distance contained between borders of destruction, nor as the wider terrain upon which rubble fell. Instead, constitutions and performances of disaster space are made upon places outside the epicentre of destruction, expanding the spatial bounds of the disaster and, conversely, such claims cease to be

in Death and security
Josefina A. Echavarria

in Colombia. These tasks delineate the content of the present chapter. First, I focus on the meaning that security has been traditionally given in IR and its understanding of world politics. Secondly, I explore critical security studies, beginning with the conceptual voids left by this view. Critical security studies interpret security and security policies as intertwined with the constitution of

in In/security in Colombia