"Discourse here meets its limit--in itself, in its very performative power. It is what I propose to call here the mystical. There is here a silence walled up in the violent structure of the founding act; walled up, walled in because this silence is not exterior to language. [...]
Since the origin of authority, the founding or grounding, the positing of law cannot by definition rest on anything but themselves, they are themselves a violence without ground. This is not to say that they are in themselves unjust, in the sense of "illegal" or "illegitimate." They are neither legal nor illegal in their founding moment. They exceed the opposition between founded and unfounded...The fact that law is deconstructible is not bad news. One may even find in this the political chance of all historical progress." (Derrida, Acts of Religion, 242)
"Here one notices that there are cases in which, posed in terms of means/end, the problem of law remains undecidable. This ultimate undecidability, which is that of all problems of law...is the insight of a singular discouraging experience. Where is one to go after recognizing this ineluctable undecidability?
Such a question opens, first, upon another dimension of language, upon a beyond of mediation and so beyond language as a sign. Sign is here understood, as always in Benjamin, in the sense of mediation, as a means toward an end. It seems at first that there is no way out, and so there is no hope." (Derrida, Acts of Religion, 285)
Let me attempt to make my general disposition, such as it is, explicit. I am tempted to subscribe fully to Derrida's reading of, and resistance to Benjamin, and thus in certain respects against Agamben. To subscribe fully to the disquiet Derrida outlines, and to the questions he poses, in this already much-cited, seminal essay, "Force of Law: The 'Mystical Foundation of Authority.'" Above all, perhaps, to not be in too much of a hurry, as Derrida was fond of saying (in that yesteryear still blissfully ignorant of "teh! serious" weblogs, we can only assume).
There are some real differences here, as Adam alluded to earlier (Agamben calls the likewise leaping conclusion of Derrida's essay on Benjamin a peculiar misunderstanding, and understandably so, since surely it's fair to say that Derrida is addressing his remarks in no small part to Agamben's Benjamin, so to speak). For Agamben's fullest response, as far as I am aware, the reader is encouraged to consult Homo Sacer I (above linked). The differences here could certainly be sketched out in many ways, using everyone from Kant to Heidegger to Schmitt as one's primary filter (not to mention Blanchot, Wittgenstein, Montaigne or Pascal, Rawls or Sam Weber and so on, all of whom appear in Derrida's historico-philosophical sketch). But perhaps some summary schematics can at this point be posed, or repeated, both for the sake of clarity and complexity (if not for the added benefit of driving the larger panopticon crazy with shades of ambivalence). Derrida is useful in this way. But first it should be plainly noted: even where he claims to be leaving "Benjamin the last word," Derrida is picking up where Benjamin left off, specifically there where Benjamin states:
The realm of ends, and therefore also the question of a criterion of justness, is excluded for the time being from this study. (279)
The question of justice, as I believe Paul Passavant touched on earlier, runs strongly through Derrida's larger project, in which the ideas of a just decision, a justice to-come, and a certain 'messianicity without messianism' are at least suggestively, elliptically or implicitly, opposed to Benjamin's (and Agamben's) perceived messianism. Not that any of these ideas are so easily understood, of course. But perhaps it is not merely coincidental that in another nearby essay,"Faith and Reason," Derrida's discussion of these topics repeatedly returns to a single, rather enigmatic word: "chora" (which he borrows from Plato, and borrows it not for the first time, as we shall see). Would it be accurate to suggest that this Platonic "chora" is invoked at least partly in response to Benjamin's meditations on "divine violence," as described, in some literary fashion, by the story of Korah? I don't know. It is possible, I suppose, that Derrida has been responding to this essay, in one form or another, for some time.
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