Christoph Menke

The use of violence in law, the argument for its legitimacy says, constitutes an "unsurpassable limiting case"; it is at the disposal of law, whose internal organization is "symbolic" or normative, as a "symbiotic mechanism" that operates by action upon "physical-organic existence." The law to be discussed here is the law of tragedy; not just any sort of order guaranteed by a power that establishes a minimum of reliability of expectations, but the specific form of law engendered by the tragic labor of reflection. Oedipus issues the legal curse of autonomy only as a proxy, in his role as judge. Walter Benjamin offers an alternative to consent or rejection, instauration or destruction, an alternative he calls "relief of law". The dualism of bourgeois liberalism consists in confronting autonomous participation in the law and the right of free non-participation as mutually external registers.

The paper asks for the preconditions and the consequences of the emergence of aesthetics in and for philosophy. The question is: what does it mean for philosophy to engage the question of the aesthetic? My answer will be: it means nothing less than putting philosophy in question. Or, more precisely: by engaging the question of the aesthetic, philosophy puts itself in question. In order to show this, I will refer to a brief passage in the Phenomenology of the Spirit and then attempt to turn it against what I take it to be Hegel’s own intention. The paper attempts to sketch this argument in three brisk moves by (1) distinguishing a philosophy of the “poetic” from a philosophy of the “aesthetic”; (2) describing the aesthetic as “regressive” and “(self-)reflexive”; and (3) sketching the paradoxical place of aesthetics within philosophy. &nbsp

Un des problèmes centraux des discussions sur la relation entre éthique et esthétique tourne autour de la question de la violence. Celle-ci emprunte deux avenues dans le texte. La première traite d'aspects déterminés de la peinture de Francis Bacon, comme la façon dont l'art représente la violence. À ce propos, on formule la thèse que la provocation éthique de cette peinture ne repose pas tant sur le fait qu'elle représente la violence, mais qu'elle engendre en sa présence un détachement esthétique, et même, un plaisir à l'occasion de cette présentation. La deuxième avenue proposée interroge l'effet éthique du plaisir esthétique en face de la violence. La théorie aristotélicienne de la catharsis est alors amenée comme modèle d'une « économie de la différence » qui permet d'élucider la relation entre plaisir esthétique et jugement éthique.A central problem in the discussion about the relation between Ethic and Aesthetic is the question of violence. This question follows two paths in the text. The first one debates the determinated aspects in Francis Bacon painting, the way art represents violence. On that matter, we draw up the thesis that the ethical provocation in his painting don't stand upon the representation of violence but also his tryptic creates an aesthetical indifference and even a pleasure. The second part questions the ethical effects of the aesthetical pleasure in front of violence. The aristotelien catharsis theory is therefore proposed as a model of an "economy of the difference" that allows the elucidation of the relation between aesthetical pleasure and ethical judgment

The use of violence in law, the argument for its legitimacy says, constitutes an "unsurpassable limiting case"; it is at the disposal of law, whose internal organization is "symbolic" or normative, as a "symbiotic mechanism" that operates by action upon "physical-organic existence." The law to be discussed here is the law of tragedy; not just any sort of order guaranteed by a power that establishes a minimum of reliability of expectations, but the specific form of law engendered by the tragic labor of reflection. Oedipus issues the legal curse of autonomy only as a proxy, in his role as judge. Walter Benjamin offers an alternative to consent or rejection, instauration or destruction, an alternative he calls "relief of law". The dualism of bourgeois liberalism consists in confronting autonomous participation in the law and the right of free non-participation as mutually external registers.

The third generation of critical theorists affiliated with the Frankfurt School has now established legal theory as a central field of research, also with significant contributions from scholars whose primary training is in other fields. Postmodern legal theory will have to face up to the challenges of legal practice and broaden its reflections to take into account forms of lawmaking beyond the political community conceived in unitary terms. Only by integrating this possibility of transcendence will postmodern legal theory be able to carry forward the tradition of the first generation of critical theory with regard also to its demand for the realization of the ideal of emancipation and justice. The proletarian general strike, by contrast, is an expression of sovereign violence and, as such, breaks the cycle of violence, of calculation and counter-calculation, of success, concession, compromise, struggle, and so on.

According to Christoph Menke, there never was and never can be any law without violence. The reason for this dependency of law on violence lies in its need to be enforced; Menke follows Immanuel Kant's definition according to which law consists in a reciprocal authority to use coercion. Immanuel Kant's definition has been extremely influential, not only in legal and political philosophy, but also in public discourse and in our everyday understanding of law and legal matters. Over centuries, Jewish legal traditions have not only theoretically reflected, but also reliably practiced, a law without any recourse to state-sanctioned violence. Interestingly though, due to the conditions of the Diaspora, Jewish law cannot have recourse to any governmental apparatus of power by way of an enforcement agency. By introducing an argument concerning the strategy of social transformation, Menke leaves the terrain of legal philosophy in favor of a philosophy of history.

This essay examines how Joseph Beuys uses the social plastic concept (›soziale Plastik‹) to think about the relationship between art and democracy. To this end, the first part analyzes the oppositions that define this concept in order to read them as the basic determinations of a dialectical concept of democracy. Against this background, the second part of the essay deals with how Beuys understands the contribution of art to democracy. In doing so, Beuys’ statement ›Every man is an artist‹ is subjected to a new reading.

This book brings a new perspective—mainly out of German intellectual discussions rooted in Hegel—to bear on the problems of equality as discussed in Anglo-American conceptions of liberalism. Menke argues that the idea of equality is at the heart of political modernity. At the same time, political modernity is characterized by an attitude of critical reflection on the notion of equality in view of its consequences for the lives of individuals. This book explores the sources and legitimacy as well as the limitations and problems of this attitude toward equality in the work of such thinkers as Adorno, Habermas, Derrida, Hegel, Luhmann, Nietzsche, Rawls, and Schmitt. Looking at key texts in modern political philosophy, the author develops the claim that there is a basic and irreconcilable conflict in justice: between general demands of equality and attention to the individual. In a debate with contemporary Anglo-American liberal philosophy’s concepts of rights, the political process is thereby understood as an interminable strife and negotation between equality and individuality.