Benjamin on the Border
Abstract This essay offers a critique of contemporary regimes of migrant repression in light of Walter Benjamin's reflections on borders and their constitutive relation to legal violence. In paragraphs 15–17 of “Toward the Critique of Violence,” Benjamin evokes the legend of Niobe, who, in a fatal stroke of retaliation by the gods, is turned into stone—transformed at once into the grief-stricken precipitate of mythic violence and into an enduring marker of the boundary between two separate and unequal worlds. From this tale, Benjamin unfolds an understanding of the border, not as the mere backdrop for the use of force nor as a territorial demarcation that states may justifiably defend, but as the very instantiation of legal violence (in its originary form). He contends, further, that establishing borders is a technic of ambiguity, designed to represent inequality as a single line that may not be transgressed, and produces, too, a nexus of guilt in relation to which one who “steps over” becomes fated to illegality and to the violence that the latter ostensibly warrants. In drawing attention to the inextricability of borders and the violence that they instantiate, and in exposing the identity between mythic retribution and Grenzsetzung (border-positing), Benjamin offers insight into current practices of criminalizing border crossers and militarizing borderlands. Some promise for the negation of the order that secures those who traverse the border as fatalities of law is found in the essay's final moments, when Benjamin imagines extralegal justice, or divine violence, as a de-creative force that annihilates the borders that confer the sentence of life-destroying guilt.