TY - JOUR
T1 - Anarchism and law towards a post-anarchist ethics of disobedience
AU - Newman, Saul Abraham
PY - 2012
Y1 - 2012
N2 - This article uses the political philosophy of anarchism to critically interrogate the limits of legal authority, showing that the lawʼs claim to unconditional obedience ultimately is unjustified. Here I turn to Walter Benjamin to unmask the violent foundations of legal authority, and to explore critical and radical responses to this - through Georges Sorelʼs notion of the ʻproletarian general strikeʼ, and through Benjaminʼs related notion of ʻdivine violenceʼ, both of which I interpret in a distinctly anarchist way. However, I argue that this deconstruction of the ontological foundations of the law can be turned back on anarchism itself. Anarchism bases its critique of political and legal authority on a kind of organic substratum, one that is scientifically verifiable and morally legitimate, providing the immanent ground for communal relations beyond the law. As an alternative to this foundationalist approach, I propose what might be called an ontological anarchism, which unsettles all established orders. I develop from this an anarchist or, more precisely, post-anarchist, political and ethical project involving an ongoing contestation of legal authority and the coercive practices of state power.
AB - This article uses the political philosophy of anarchism to critically interrogate the limits of legal authority, showing that the lawʼs claim to unconditional obedience ultimately is unjustified. Here I turn to Walter Benjamin to unmask the violent foundations of legal authority, and to explore critical and radical responses to this - through Georges Sorelʼs notion of the ʻproletarian general strikeʼ, and through Benjaminʼs related notion of ʻdivine violenceʼ, both of which I interpret in a distinctly anarchist way. However, I argue that this deconstruction of the ontological foundations of the law can be turned back on anarchism itself. Anarchism bases its critique of political and legal authority on a kind of organic substratum, one that is scientifically verifiable and morally legitimate, providing the immanent ground for communal relations beyond the law. As an alternative to this foundationalist approach, I propose what might be called an ontological anarchism, which unsettles all established orders. I develop from this an anarchist or, more precisely, post-anarchist, political and ethical project involving an ongoing contestation of legal authority and the coercive practices of state power.
UR - http://www.scopus.com/inward/record.url?scp=84923696383&partnerID=8YFLogxK
U2 - 10.1080/10383441.2012.10854742
DO - 10.1080/10383441.2012.10854742
M3 - Article
SN - 1038-3441
VL - 21
SP - 307
EP - 329
JO - Griffith Law Review
JF - Griffith Law Review
IS - 2
ER -