scholarly journals Law, Violence, History

2019 ◽  
Vol 2 (2) ◽  
pp. 330-337
Author(s):  
Pablo Oyarzún
Keyword(s):  
Legal Order ◽  
Historical Approach ◽  
Legal Violence ◽  
Different Types ◽  
Divine Violence ◽  
Violence History ◽  
Legal Forms ◽  
Critique Of Violence ◽  
Forms Of Violence

Abstract This article offers a reading of the concluding paragraph of Walter Benjamin's “Toward the Critique of Violence.” It discusses Benjamin's assertion that only a philosophical-historical approach can provide the key to a critique of violence in light of his essay's discussion of legal violence, and in light of his discovery of radically different types of violence. Benjamin argues that the legal order remains enclosed in a cycle of law-positing and law-preserving violence. Moreover, the legal order inherits the essential trait of myth and of mythic violence: ambiguity. This article shows that guilt is the destiny of those subjected to mythic (and legal) forms of violence. The fateful cycle of legal violence can be undone only by the irruption of an absolutely heterogeneous type of violence, which Benjamin calls divine violence. Its peculiarity consists in the fact that, in deposing legal violence (and the legal order as a whole), divine violence also deposes itself as violence. Although divine violence cannot be attested to as a fact or as a force unequivocally acting in the profane—that is, the human—context, it is nevertheless immanent to the profane world. Its immanence is the immanence of the messianic.

Critiquing Violence: Benjamin on Law and the Divine

2019 ◽  
pp. 23-45
Author(s):  
Gavin Rae
Keyword(s):  
Legal Framework ◽  
Fresh Start ◽  
Legal Violence ◽  
Ethics Of Responsibility ◽  
Divine Violence ◽  
Critique Of Violence ◽  
The Relationship

Focusing on Walter Benjamin’s famous critique of violence in his 1921 essay of the same title, this chapter argues that Benjamin’s distinction between divine and legal violence also points to two distinct forms of sovereignty, one internal to law and one external to it. With this, he disrupts the classic notion that sovereignty is indivisible. Tracing the relationship between the two forms demonstrates that Benjamin develops a sophisticated account of the relationship between law and violence, undermines the classic notion that violence is instrumental to (legal) sovereignty, and shows that divine sovereign violence can justifiably usurp legal sovereign violence, thereby offering the possibility of a fresh start. However, the chapter also notes the ambiguity in Benjamin’s account regarding whether divine violence can take on (non-divine) political significance to suggest that his appeal to divine violence is an attempt to develop a just order based on an ethics of responsibility, whereby he allows that we can confront legal sovereignty in the name of create a more just legal framework, but insists that we cannot ground that decision on a transcendent principle. It concludes that Benjamin’s point is that any challenge to legal sovereign violence must emanate from a pure decision that we take responsibility for.

scholarly journals Benjamin on the Border

2019 ◽  
Vol 2 (2) ◽  
pp. 306-319
Author(s):  
Michelle Ty
Keyword(s):  
Constitutive Relation ◽  
Use Of Force ◽  
Legal Violence ◽  
Divine Violence ◽  
Creative Force ◽  
Who Steps ◽  
Separate And Unequal ◽  
Border Crossers ◽  
Critique Of Violence ◽  
Insight Into

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.

scholarly journals Niobe and Korah, Different Orders of Time

2019 ◽  
Vol 2 (2) ◽  
pp. 295-305
Author(s):  
Astrid Deuber-Mankowsky
Keyword(s):  
Rule Of Law ◽  
Human Beings ◽  
Time And Space ◽  
The Rule Of Law ◽  
Legal Violence ◽  
Moral World ◽  
Divine Violence ◽  
The Difference ◽  
Critique Of Violence

Abstract Walter Benjamin's critique of violence assumes that violence is deeply intertwined with the division of time and space. Niobe serves as an example that allows Benjamin to give an account of the violent conditions of the order of time that is constituted under the rule of law. The example of Korah helps to illustrate the difference between divine violence and legal violence and to underscore the centrality of time's passage for the moral world. Unlike in the example of Niobe, whose children are condemned to death as punishment for her guilt, the children of Korah receive a new life and do not have to make amends for the guilt of their parents. Bearing in mind Niobe's guilt and her serving as “a stone marking the border (Grenze) between human beings and gods,” and given that Korah's children are spared after Moses has received the commandments, we can think of the boundless destruction of boundaries as opening a new historical order of time and the hope for an overcoming of the anthropocentric logic according to which the positing of law is the positing of power.

scholarly journals Conscription and Critique

2019 ◽  
Vol 2 (2) ◽  
pp. 270-284
Author(s):  
Başak Ertür
Keyword(s):  
Capital Punishment ◽  
Military Service ◽  
Formal Model ◽  
Modern State ◽  
Police Violence ◽  
Legal Violence ◽  
Compulsory Military Service ◽  
Critique Of Violence ◽  
Forms Of Violence

Abstract This article focuses on the discussion of general conscription in Walter Benjamin's 1921 essay “Toward the Critique of Violence.” In the essay, Benjamin presents conscription or compulsory military service alongside his discussions of police violence and capital punishment, and as one manifestation of legal violence in which law-preserving and law-positing forms of violence coincide and mix. This article proposes that Benjamin's discussion of conscription should be read as a formal model for understanding how legal subjectification in the modern state works more generally, and how it circumscribes critique. This reading is offered through a series of snapshots of various veins and elements in Benjamin's essay, while also connecting this interpretation to the work of a number of contemporary scholars of colonialism, namely Talal Asad, David Scott, and Samera Esmeir, who all invoke conscription as a particularly powerful metaphor for modern law's tendency to colonize critique.

Characteristics of Different Types of Childhood Violence and the Risk of Revictimization

2019 ◽  
Vol 25 (14) ◽  
pp. 1696-1716 ◽  
Author(s):  
Ida Frugaard Stroem ◽  
Helene Flood Aakvaag ◽  
Tore Wentzel-Larsen
Keyword(s):  
Childhood Abuse ◽  
Telephone Survey ◽  
Regression Analyses ◽  
Multiple Forms ◽  
Different Types ◽  
Children And Young Adults ◽  
Childhood Violence ◽  
Forms Of Violence ◽  
The Relationship

This study investigates the relationship between the characteristics of different types of childhood violence and adult victimization using two waves of data from a community telephone survey (T1) and a follow-up survey, including 505 cases and 506 controls, aged 17-35 years (T2). The logistic regression analyses showed that exposure to childhood abuse, regardless of type, was associated with adult victimization. Exposure to multiple types of abuse, victimization both in childhood and in young adulthood, and recency of abuse increased these odds. Our findings emphasize the importance of assessing multiple forms of violence when studying revictimization. Practitioners working with children and young adults should be attentive to the number of victimization types experienced and recent victimization to prevent further abuse.

scholarly journals Theoretical aspects of public administration electronic services

2017 ◽  
Vol 1 (2) ◽  
pp. 119-128
Author(s):  
Jozef Andraško
Keyword(s):  
Public Administration ◽  
Theoretical Perspective ◽  
Legal Order ◽  
Different Types ◽  
Definition Of

The author deals with the issue of public administration electronic services from the theoretical perspective. In particular, author is analysing all elements of the term in question. Furthermore, the author focuses on different types of categorization of public administration electronic services. Moreover, author is dealing with the definition of the term in question from the perspective of Slovak legal order.

Right, Rage, and Remedy: Forms of Law in Political Discourse

1987 ◽  
Vol 2 ◽  
pp. 303-316 ◽  
Author(s):  
John Brigham
Keyword(s):  
Dispute Resolution ◽  
Social Relations ◽  
Social Action ◽  
Alternative Dispute Resolution ◽  
Political Discourse ◽  
Gay Rights ◽  
Social Reality ◽  
Legal Order ◽  
Legal Process ◽  
Legal Forms

When political activists talk about strategy and when they address each other, legal forms are an integral part of their language. Some movements, like alternative dispute resolution, build on a general critique of the legal process. Others, like gay rights, seek to fulfill legal promises or, as in the feminist antipornography campaign, they present broadsides against the law's oppression. These ideas about law are not bound in standard law books; but they give meaning to social relations, and they must be understood as significant parts of the legal order. To attend to them is to illuminate a part of law's social reality and, more specifically, to see how law informs social action. Such ideas and the relations they create are lawinsociety.

scholarly journals PREVALENCE OF SCHOOL VIOLENCE IN GOVERNMENT AND PRIVATE SECONDARY SCHOOLS IN CHANDIGARH

2021 ◽  
Vol 9 (09) ◽  
pp. 05-17
Author(s):  
Anuradha Sharma ◽  
◽  
Surbhi a ◽  
Keyword(s):  
Secondary Schools ◽  
School Violence ◽  
Student Teachers ◽  
Private Schools ◽  
Policy Makers ◽  
Different Types ◽  
Forms Of Violence

Violence in schools is a pervasive problem and one that requires greater attention from educators, policy makers, and researchers. The present study aimed at finding the rate of prevalence of different types of violence such as student to student, teachers to the student, and student to teachers in government and private schools. For this data was collected from the students of government and private schools of Chandigarh. It was found that the rate of school violence was high in both government and private schools. The details of various forms of violence have been given in this paper. In the end, a few recommendations have been suggested to prevent it.

Francisco de Vitoria

2017 ◽  
Author(s):  
Kirstin Bunge
Keyword(s):  
General Framework ◽  
Legal Order ◽  
Legal Philosophy ◽  
The Political ◽  
Political Practice ◽  
Traditional Conception ◽  
Different Types ◽  
Political Communities ◽  
Politics And Law ◽  
Francisco De Vitoria

This chapter argues that on the threshold of modernity, Vitoria’s jus gentium created a general framework for a legal order between people and nations. It shows how under the changing conditions of economy, theories of political domination, and relation between religious and secular spheres, the foundations of politics and law were re-assessed. At this juncture, one of the most important findings of Vitoria’s political and legal philosophy was that the sphere of political practice became more autonomous although still thought of as part of a God-given order. As the political power of the pope and the emperor was fading, new stakeholders gradually appeared. The traditional conception of totus orbis clarifies—one hundred years before the Peace of Westphalia—the scope in which different types of stakeholders such as individuals and social or political communities can act freely and (at least theoretically) interact on equal terms.

What it means to be micro

2016 ◽  
Author(s):  
Catherine Needham ◽  
Kerry Allen ◽  
Kelly Hall
Keyword(s):  
Interview Data ◽  
Governance Structures ◽  
Different Types ◽  
Legal Forms

This chapter is a discussion of what it means to be a micro-enterprise, outlining the approach taken to sampling the 27 organisations in the study, and the meanings that interviewees attached to different types and sizes of organisation. It highlights the practical dilemmas attendant in identifying and working with organisations whose size was not fixed and stable over the life of the research. The chapter also considers how different governance structures can be captured as a set of organisational identities as well as legal forms. These included sole traders and partnerships, as well as charities, limited companies and statutory providers. It draws on interview data to look at the motivations people had for setting up particular types of organisation, helping to illuminate the implications of having different organisational types within local care markets. It also uses the data to highlight how size and organisational type was part of the identity of these providers, with the identity of micro for example being embraced as a form of distinction from both larger providers in their locality and from social care’s institutionalised past.

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