The One and Only Law

Walter Benjamin and the Second Commandment

Nonfiction, Social & Cultural Studies, Political Science, Politics, History & Theory, Reference & Language, Law
Cover of the book The One and Only Law by James Martel, University of Michigan Press
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Author: James Martel ISBN: 9780472120505
Publisher: University of Michigan Press Publication: September 19, 2014
Imprint: University of Michigan Press Language: English
Author: James Martel
ISBN: 9780472120505
Publisher: University of Michigan Press
Publication: September 19, 2014
Imprint: University of Michigan Press
Language: English

Walter Benjamin’s “Critique of Violence,” widely considered his final word on law, proposes that all manifestations of law are false stand-ins for divine principles of truth and justice that are no longer available to human beings. However, he also suggests that we must have law—we are held under a divine sanction that does not allow us to escape our responsibilities. James R. Martel argues that this paradox is resolved by considering that, for Benjamin, there is only one law that we must obey absolutely—the Second Commandment against idolatry. What remains of law when its false bases of authority are undermined would be a form of legal and political anarchism, quite unlike the current system of law based on consistency and precedent.

Martel engages with the ideas of key authors including Alain Badiou, Immanuel Kant, and H.L.A. Hart in order to revisit common contemporary assumptions about law. He reveals how, when treated in constellation with these authors, Benjamin offers a way for human beings to become responsible for their own law, thereby avoiding the false appearance of a secular legal practice that remains bound by occult theologies and fetishisms.

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Walter Benjamin’s “Critique of Violence,” widely considered his final word on law, proposes that all manifestations of law are false stand-ins for divine principles of truth and justice that are no longer available to human beings. However, he also suggests that we must have law—we are held under a divine sanction that does not allow us to escape our responsibilities. James R. Martel argues that this paradox is resolved by considering that, for Benjamin, there is only one law that we must obey absolutely—the Second Commandment against idolatry. What remains of law when its false bases of authority are undermined would be a form of legal and political anarchism, quite unlike the current system of law based on consistency and precedent.

Martel engages with the ideas of key authors including Alain Badiou, Immanuel Kant, and H.L.A. Hart in order to revisit common contemporary assumptions about law. He reveals how, when treated in constellation with these authors, Benjamin offers a way for human beings to become responsible for their own law, thereby avoiding the false appearance of a secular legal practice that remains bound by occult theologies and fetishisms.

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