Law and Violence

Christoph Menke is a third generation Frankfurt School theorist, and widely acknowledged as one of the most interesting philosophers working in Germany today. His work builds on Adorno and Horkheimer, to show how the repressive features contained in the very promises of equality, autonomy and freedom from domination inevitably structure contemporary societies. But, in contrast to his predecessors, Menke argues that reflexive awareness of such antinmoies can counter the hold they have on us. His lead essay for this volume focuses on the fundamental question for legal and political philosophy, of the relationship of law and violence. The first part of the essay shows why and in what precise sense the law is irreducibly violent, the second part establishes the possibility and the possible form of the law becoming self-reflectively aware of its own violence. In both parts Menke uses works of dramatic literature - two classical tragedies and two modern dramas - to shed light on the paradoxical nature of law. The volume contains responses to Menke's essay and to his research programme by a variety of influential interlocutors, including Andreas Fischer-Lescano, Ben Morgan, Alexander Duttmann, Eric Santner, Peter Fenves, Daniel Loick and Jennifer Culbert. The volume concludes with Menke's respose to his critics. This dialogic volume is a stimulating read for students and scholars of political and legal philosophy, and for all those wishing to engage more deeply with recent Frankfurt School thought.