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
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from University of Michigan Press

Cover of the book Justice and Injustice in Law and Legal Theory by James Martel
Cover of the book The Social Politics of Medieval Diplomacy by James Martel
Cover of the book The Stuff of Fiction by James Martel
Cover of the book America's Japan and Japan's Performing Arts by James Martel
Cover of the book Sensual Relations by James Martel
Cover of the book Vanishing Moments by James Martel
Cover of the book Passionate Amateurs by James Martel
Cover of the book The Textuality of Soulwork by James Martel
Cover of the book Anti-Imperialist Modernism by James Martel
Cover of the book Presidential Responsiveness and Public Policy-Making by James Martel
Cover of the book Muslims in a Post-9/11 America by James Martel
Cover of the book The Cultural Politics of Slam Poetry by James Martel
Cover of the book The Strange and Terrible Visions of Wilhelm Friess by James Martel
Cover of the book Competitiveness Matters by James Martel
Cover of the book When Evil Came to Good Hart, 10th Anniversary Edition by James Martel
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy