« Paul Passavant: Foucault as a Critique of Benjamin | Main | Chora »
"Critique of Violence" and the party form
What's odd about Walter Benjamin's "Critique of Violence," at least from our present context, is how little the essay has to say about power. There is much about violence (of course) and much about the law. But the question of power hardly arises, and when it does its relation to violence and law is unclear.
"Lawmaking is power making," Benjamin tells us, "and, to that extent, an immediate manifestation of violence. Justice is the principle of all divine end making, power the principle of all mythical lawmaking" (295). Here, on the one hand, law and power are intimately related: to make law is to make power. On the other hand, power and justice are counterpoised: justice relates to ends and to divine violence; power relates (presumably) to means, and to mythical violence.
And this comes immediately after the observation that lawmaking, and so mythical violence, "establishes as law not an end unalloyed with violence, but one necessarily and intimately bound to it, under the title of power" (295). Power, here, is the "title" under which law and violence are "necessarily and intimately" bound one to the other.
This relative silence about power is odd in our present context, because for the past thirty years or so, political theory has been concerned above all with the problem of power. It has been the project of, first, Michel Foucault and, then, Antonio Negri to reconceive power, to rethink its origins and its historical vicissitudes. Indeed, at the core of Foucault's and Negri's political philosophy is power's relocation, even dislocation: Foucault with the concepts of disciplinary, capillary, and (most influentially at present) bio power; Negri with the fundamental distinction between constituent and constituted power.
It's not immediately clear how to map Benjamin's essay on to our contemporary concern with power. I'm not convinced by Paul Passavant's suggestion that we can read "violence" as "power." That's a little quick. It's true that Benjamin indicates that "mythical violence is bloody power" and "divine violence[,] pure power" (297). There's surely a nexus between violence and power. And there's no doubt that government without violence, or rather parliaments without "the sense that a lawmaking violence is represented by themselves," also lacks power, and proves unable to "achieve decrees worthy of this violence" (288). Yet the fact remains that Benjamin's is a critique of violence, not a critique of power.
I wonder if this is not because, whatever Benjamin's hesitations towards Bolshevism and the Soviet Union, he is not yet prepared to question the party form. It is not, yet, part of what Althusser would call his "problematic."
After all, the post-1968, perhaps better post-1956, critique of power for which I have provided the ciphers of Foucault and Negri (but one could add Deleuze and Guattari and even the whole tradition of cultural studies) is premised on an unease with if not outright rejection of the party form. This unease provides the problematic of contemporary political theory. It is only very recently indeed, essentially with Zizek's somewhat quixotic revival of Lenin, that anybody has had anything much good to say about the party as a mode of political organization. But this reassessment has entailed also a frontal assault on and so acknowledgement of the dominant problematic.
By contrast, Benjamin, for all that he draws on Sorel, is not yet, at least, post-Leninist. This is what is fundamentally alien about his essay.
Benjamin writes of the "state power" that the "proletarian general strike" is set to destroy (291), but in such a way that the phrase "state power" is almost an unexamined tautology. It is certainly not interrogated alongside the "educative power" that, for Gramsci (writing at about the same time), is the power of hegemony incarnated in the party cadre. Gramsci, of course, happily welcomed the notion that the party and the state wielded the same form of power: both aspired to hegemony, to be Prince, old or modern.
And Benjamin, for all the inkling of something like constituent power that this essay so tantalizingly invokes, is not yet able either to critique the party or to suggest an alternative to hegemony.
(Cross-posted to Posthegemonic Musings.)
By Jon | December 4, 2005 in Benjamin | Permalink
TrackBack
TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83452467869e200d83499590669e2
Listed below are links to weblogs that reference "Critique of Violence" and the party form:
Comments
Is it worth mentioning Arendt's distinction between violence and power?
Posted by: Luke | Dec 4, 2005 2:59:59 PM
Luke, indubitably so. Could you say more? I confess that my knowledge of Arendt doesn't extend much beyond Eichmann in Jerusalem, though even there one might glean the presence of such a distinction.
Posted by: Jon | Dec 4, 2005 3:05:31 PM
Yes, I'd like to read more on Arendt. I considered doing my contribution on Arendt and Benjamin, but the book was out of the library and I couldn't find a copy online.
Posted by: Craig | Dec 4, 2005 4:22:54 PM
I don't think it would be stretching WB too far to think where he would land with regard to the party-form.
Though, it kind of does appear as a problematic, perhaps not in the way we, now, might recognise. The time in which this is writtten is also the high-point of council communism, for which the general strike is the principal weapon, as it were. And he doesn't spend time talking about "seizing power", a la 1917.
Posted by: s0metim3s | Dec 4, 2005 6:15:06 PM
I'm unwilling to say very much since I haven't read Arendt's "On Violence." She is reported to make a distinction between violence, which is exercised by a single person or tyrant, and power, which is exercised by groups. But there isn't much I can add to that without knowing how Arendt herself developes the theme.
I confess I had hoped to offer my own reactions to Benjamin's essay, but I just couldn't find a way to express my unease with a blanket critique of legal institutions. This is I think part of a deeper scepticism I'm experiencing viz. negative or critical philosophy in general. This is to say, if I am to ask Benjamin (or Agamben) to admit positive legal developments, then shouldn't I also have an answer for the historical developments that lead to negative philosophy (e.g. Adorno's Negative Dialectics). On the other hand, if we are to be staunchly skeptical and critical, like for example Foucault, Agamben or Adorno, which I have much more affinity for, are we in fact caught in a performative contradition in which we are incapable of acknowledging our normative assumptions? At the same time, does this thoroughgoing negativity prohibit us from appraising historical developments for what good they do, like legal human rights? While I suspect the answer is no it can't simply be left like that. One has to reintegrate it back into theory itself.
Posted by: Luke | Dec 4, 2005 7:23:28 PM
I'm sorry: not only do I need to learn to spell, the title of Arendt's book should be On Revolution.
Posted by: Luke | Dec 4, 2005 7:41:39 PM
To clarify: Arendt wrote short books (or long essays) with the titles "On Violence" and "On Revolution". Different titles; different essays, but confusion nonetheless.
Posted by: Craig | Dec 4, 2005 7:48:44 PM
Luke, what is it that you think "legal human rights" actually do and emerge from?
Because in many ways, this seems to narrow those very processes of "historical development" which may or may not have been instituted as codified laws.
The relationship is by no means straightforward. To take an example: the struggles for a basic rate of pay became codified (here in AU) as the 'breadwinner wage' - they not only granted a base for male rates of pay in particular industries, but systematised and enforced for many years a lower rate of pay for women, indigenous, and immigrant workers.
In this sense, identifying those struggles with those laws tends to miss the very real sense in which these are the institutionalisations of relative advantage.
All of which can be traced back onto the more general point that 'human rights' is always about the state exercising a right to decide who does and does not have rights on the basis of who is and is not defined as human.
http://www.borderlandsejournal.adelaide.edu.au/vol2no1_2003/mitropoulos_barbed.html
I can't see what might be useful in such a politics to hang on to.
Posted by: s0metim3s | Dec 4, 2005 8:29:56 PM
Apologies for my incoherence. Even for a comment I should refrain from posting such a bricolage. I realized after I "corrected" myself that Arendt had in fact published essays under both titles. That this escaped my notice only strengthens my resolve not to say anything else on the matter of Arendt.
In clarification of my other "point" - though it can hardly be called that - I mean only to question the responsibility of philosophy: Should it be expected to propose alternatives when it offers critiques? (I want to answer no to this.) Second, I want to articulate a concern that in critiques that locate the root of the problem in the very structure of bourgeois, legal institutions have more difficulty accepting positive "side-effects". This is a point that Richard Wolin makes against Arendt (in Heidegger's Children). Against this, I'm inclined to say that those types of criticisms miss the point. I am by no means finished thinking through these issues; I apologize for conducting my education in public.
Posted by: Luke | Dec 4, 2005 10:37:04 PM
If that's something to apologize for, then I hereby do so as well.
Angela, but surely the concept of 'human rights' can at once be expanded (in the name of an old emancipatory ideal even, one that has, so far, been made to include within its definition of "human" non-caucasions, women and children, if not quite yet animals...), while at the same time the various violences of law (as opposed to 'justice,' maybe, or a justice to-come) contained therein are radically critiqued. This is something that in fact bothers me about Agamben, that he seems unwilling to accept the responsibility for this dual task, and in the process to neglect or even undermine the very real, as Luke says, positive developments. That is, it is still possible to fight, within law--as difficult as law makes this--for the disintegration of relative advantages. So in answer to the question:
does this thoroughgoing negativity prohibit us from appraising historical developments for what good they do
I think Derrida, for one, would have certainly answered a resounding, "no."
Posted by: Matt | Dec 4, 2005 11:21:14 PM
hi all,
Jon, I like this piece. I don't know Benjamin well enough, does he ever address organizational forms anywhere in his corpus?
Matt, Luke, I like your comments about conducting your education in public. Me too. I really don't know what I think about human rights and so forth. The US labor historian and lawyer Staughton Lynd once said that we should never think of the law as a weapon, but as at best a shield. I quite liked that formulation when he said it. At the same time, at least with labor law and contracts, there is a host of material on law and legalistic approaches to political turning organizational forms into police and management functions. I generally think of rights as, at best, codifications of balances of power (again a la union contracts). In that sense, then, to aim for new rights/contracts risks emphasizing codification at the expense of impacting balances of power.
Luke, when you talk about a tension between being critical and acknowledging one's own normative claims, do you mean admitting that one has them, or do you mean providing a justification for them? One of the things I like in Benjamin's piece is that the divine seems to me a metaphor to stand in for an ungrounded and yet deeply held normative position.
best regards,
Nate
Posted by: Nate | Dec 5, 2005 1:12:23 AM
But in "historical developments", there are lots of things to appraise, as it were. And not all of 'history' is reducible to developments of and within the law. So, I don't quite see how the charge of "thoroughgoing negativity" makes sense other than through this reduction. In another idiom: not all of constituent power is reducible to constitution.
But the question about whether any definition of the human can be so inclusive as to permit no reliance on the exception has yet to be answered in the affirmative as far as I can tell.
Which is also to say that this affirmation of 'human rights' and the law either has to affirm the exception at some point in its logic and workings - hence a negation of the other - or one has to seek out an other kind of politics. Of the kind that doesn't (as Benjamin put it) merely reinstate the oscillation between law-preserving and law-making violence.
Posted by: s0metim3s | Dec 5, 2005 8:47:35 AM
Nate, Your comments force me to point out immediately that the law conceived as "shield" is exactly what Benjamin is calling into question.
To your question about what I mean by "a tension between being critical and acknowledging one's own normative claims," I would say that is itself a normative characterization. Ought we have to give either one of the alternatives that I/you propose? I have no simple answer.
Angela, I'll have to let my thoughts settle a bit more and be more specific about the unease I have. Thanks though for the feedback, which was very helpful.
By the way, I should clarify the phrase "conducting one's education in public." The idea was originally used by Hegel (during the Jena years if I remember correctly, although I'm not certain) to describe his onetime friend Schelling. The latter had been publishing since the age of 19 under the banner of Fichte; his frequent revisions of his system and his growing distance from Fichte led Hegel to level the charge. So my use of it is somewhat ironic.
Posted by: Luke | Dec 5, 2005 8:08:04 PM
hi Luke,
Fair enough. I only meant to say that the juridical is only ever, at best, a provisional refuge. Still, while it's one I'd like to see go away - precisely for the many managerial functions it also plays, and because I hope we eventually won't need the refuge functions - I'm not sure I'd like them to go away immediately, I think it's an important question of how and on whose terms that disappearance happens. (At the very banal level, I'm thinking of things like unemployment law and the weak but not always utterely ineffectual unfair labor practice charges one can file here in the US for violations of labor rights. Both of these have been attacked from both directions - rollbacks by the right here and evasion by people involved in those regimes of law trying to find other avenues to meet their needs. I'm quite nervous about the former, and excited about the latter. I also share what I think is one of basic points that I find in the WB essay and in your comments, though perhaps I'm reading into it, that new laws or regimes of law are not goals which escape, as Angela puts it, the oscillation between preserving and founding law.
best,
Nate
Posted by: Nate | Dec 6, 2005 12:02:33 AM
Post a comment
Please note: comments are published at the discretion of the post's author and will not appear immediately. Do not submit comments more than once.