Lain sirpaleet. Oikeuden isku

The Fragments of Law – the Blow of Justice

What do the legal theories of Carl Schmitt and Walter Benjamin have in common? The legal criticism of both reflects the crisis of the years between the two wars in European parliamentary democracy and the concept of justice related directly to it. The crisis raises the question, who ultimately decides on law and legal force, who decides on exceptions and the foundation of law. Schmitt's sovereign decision and Benjamin's sovereign power/violence lead us to the fundamental problem: we are unable to decide in a binding and anticipatory way between law and justice, or to decide on the contents of justice. The sovereign decision can only open towards the invitation of impossible justice, with no certain knowledge of what may come. By referring to the ideas of Jacques Lacan and Emmanuel Levinas, the article purposes to reflect on the question of the possibility or impossibility of making decisions concerning justice, which opens through Schmitt and Benjamin.

Login Form