Menke’s reconstruction of Benjamin’s law, his tragic aporia and recognition

Philosophy and Social Criticism 41 (6):577-591 (2015)
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Abstract

Benjamin’s Critique of Violence has been a relevant source of legal and political philosophy about the nature of law, from Derrida to Menke. In this article, we rebuild the reading of Benjamin’s Critique proposed by Menke and consider the appropriateness of violence in the law not as a tragic tension, but as a condition for its reproduction. Finally, we will consider its paradoxical nature as a confirmation of the difference between the force of law and social-normative elements such as recognition [ Anerkennung].

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A Theory of Justice: Revised Edition.John Rawls - 1999 - Harvard University Press.
Leviathan.Thomas Hobbes - 1651 - Harmondsworth, Penguin.
Leviathan.Thomas Hobbes - 2006 - In Aloysius Martinich, Fritz Allhoff & Anand Vaidya (eds.), Early Modern Philosophy: Essential Readings with Commentary. Blackwell.

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