Wednesday, February 21, 2007

Messianic Politics (iii b): The Commandment


In the last post I left a quote from Benjamin's "Critique of Violence" hanging with one from Rosenzweig's Star of Redemption, on the meaning of commandment. I would like to return to this juxtaposition. But here again, I will end by leaving a quotation in suspension, this time from Gershom Scholem's 1919 essay "On Jonah and Justice." It is my hope that the three quotations will eventually circulate with some coherence.
Benjamin:
For the question “May I kill?” meets its irreducible answer in the commandment “Thou shalt not kill.” This commandment precedes the deed, just as God was “preventing” the deed. But just as it may not be fear of punishment that enforces obedience, the injunction becomes inapplicable, incommensurable once the deed is accomplished. No judgment of the deed can be derived from the commandment. And so neither the divine judgment, nor the grounds for this judgment, can be known in advance. Those who base a condemnation of all violent killing of one person by another on the commandment are therefore mistaken. It exists not as a criterion of judgment, but as a guideline for the actions of persons or communities who have to wrestle with it in solitude and, in exceptional cases, to take on themselves the responsibility of ignoring it. Thus it was understood by Judaism, which expressly rejected the condemnation of killing in self-defense. But those thinkers who take the opposed view refer to a more distant theorem, on which they possibly propose to base even the commandment itself. This is the doctrine of the sanctity of life, which they either apply to all animal or even vegetable life, or limit to human life (298).

Two things seem significant to me: (1) the temporality of the commandment, and (2) the discontinuity between commandment and judgment. The temporality of the commandment is what prevents it from functioning as an a posteri judgment (but, no more does it function as an a priori judgment – contra Kant, such a possibility does not exist). Judgment and command are incommensurable by virtue of their temporal modes. Judgment takes place, by definition, after the deed, good or bad. In contrast Benjamin says of the commandment that it “precedes the deed”. Benjamin does not say explicitly whether the command comes from the present or the past, but it certainly cannot be addressed to the future: it cannot judge a deed already done – for this the substrate of law would be necessary. At this point the Rosenzweig connection comes into view.

Whereas the indicative has all the circumstances behind it that established the objectivity and whose purest form seems to be the past, the commandment is an absolutely pure present for which nothing has prepared it. And not only has nothing prepared it; it is absolutely unpremeditated. The imperative of the commandment makes no forecast for the future; it can imagine only the immediacy of obedience. If it were to think of a future or an “always,” it would be neither a commandment nor an order, but a law. The law counts on periods of time, on a future, on duration. The commandment knows only the moment; it waits for the outcome right within the moment of its growing audible, and when it possesses the spell of the genuine tone of a commandment, it will never be disappointing in this awaiting (191).
With recourse to its grammatical structure, Rosenzweig ties the commandment, as imperative, to the present. In this respect, he offers a more precise temporal indexation than Benjamin, but like Benjamin he identifies the commandment as blind to the future. The commandment – and the commandment of love, the “greatest commandment,” is exemplary here – knows only the present and anticipates only obedience, not consequences. When “Love me!” (or “Do not kill!”) becomes “Love me, or else…” it falls into law. For while the law “counts on periods of time, on a future, on duration…the commandment knows only the moment.” The binding of the commandment to the present marks its fundamental difference from law. In this way the divine violence that Benjamin is speaking of meets its historical limit not by virtue of the illegality of murder, but because of the commandment not to kill. He can still speak of the law-destroying character of divine violence, so it seems, while not lapsing into a kind of anarchism.

The second aspect that I would like to elaborate is the discontinuity that Benjamin names, between commandment and judgment. He says that “no judgment of the deed can be derived from the commandment” and further that “neither the divine judgment, nor the grounds for this judgment, can be known in advance.” Judgment, Divine judgment, does take place, but it cannot be seen to follow necessarily from the commandment. It depends upon a double contingency: (human) disobedience and (divine) decision. The only way for this contingency to be overcome, for the semiotic relation between commandment and judgment to be established, is for law to become operative. Law is the guarantee of continuity. But commandment precedes both the deed and law. Furthermore, the very task of the “critique of violence” is to interrogate violence that is subtracted from any law: a pure violence. There is a necessary hiatus or “deferment” between one and the other. Without this deferment the distinction between law and justice is undone.

On the matter of distinguishing between law and justice, we can look behind Benjamin’s Critique to the early essay by Gershom Scholem, “On Jonah and Justice.” But, as I mentioned, I will leave this quotation in suspension for now.
Justice is the idea of the historical annihilation of divine judgment, and just is that deed which neutralizes divine judgment upon it. Justice is the indifference of the Last Judgment; that means, within it unfolds that sphere in which the enactment of the Last Judgment is infinitely deferred. Messianic is that realm which no Last Judgment follows. Therefore the prophets demand justice, in order infinitely to eliminate the Last Judgment. In just actions, the messianic realm is immediately erected (357).

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5 Comments:

Blogger hineini said...

Jason, this is excellent work! I'm really enjoying reading this. I wanted to ask two questions. The first is about justice. The Scholem quote and your sentence "Without this deferment the distinction between law and justice is undone." seems to describe a "nowness" of justice in juxtaposition with the "futureness" of law. I was wondering if you could speak a bit about this in regards to Derrida's idea that justice is always "to come".

My second question is about the third that is there in the face of the other. It seems that Levinas is describing something of the "command" in the face of the other but then he says that the third is always already there too which requires judgement and justice. I guess I am wondering how Levinas can be read with these ideas, is the bureaucratization of judgeing between the other and the third similar to this idea of the "continuity" of the law?

2/25/07, 6:10 PM  
Blogger Jason said...

Thanks for the thoughtful questions, Steve. Regarding the first: I think that the single quote from the Scholem essay is insufficient. It’s really quite a clever piece and it plays into what I have said – especially about “deferment.” (I can email you the pdf if you like.) But let me try to clarify. The deferment that keeps the distinction between law and justice intact is the one, according to Scholem, between judgment and execution. The book of Jonah exemplifies this deferment insofar as God passes judgment on Ninevah (“Ninevah shall be [lit. “is being”] destroyed”)and calls Jonah to prophesy or bear witness to this impending destruction. According to the logic of law – the logic of the reluctant prophet – Ninevah should and will be destroyed. But, according to the logic of justice, the execution of the judgment is deferred: Ninevah is not destroyed. The reign of justice is the neutralization of execution – which becomes, for Scholem, a “historical task.” Justice is thus not indexed to the present but to a deferred future – and here we’re not too far from Derrida. Law, on the other hand has to do, not with a particular temporal mode, but with duration, with a period of time – anything that exceeds “the moment.” Law is what is necessary for commandment (now I’ve moved into Rosenzweig) to carry over into time.

On the second question: Here Levinas’ acknowledgement, that Rosenzweig’s work is so present in _Totality and Infinity_ that it cannot even be cited, is apparent. There is no doubt that the immediacy of the commandment – especially “thou shalt not kill” – that demands a law be made of it, but is not itself a law, is coming from Rosenzweig. Regarding the third, justice and judgment, I could be wrong, but I think the “always already” is different from the “always already” of the other. Perhaps the first can be called empirical or historical – we never encounter only one other – and the second “ontological” (in quotation marks) – the encounter with the singular other is irreducible and non-institutionalizable. The originarity or “anarchy” of the commandment that is the encounter with the other gives meaning to law and to justice.

Does that make sense?

2/25/07, 8:20 PM  
Blogger Old - Doug Johnson said...

"According to the logic of law – the logic of the reluctant prophet - Ninevah should and will be destroyed"

I'm enjoying these post greatly and will have more to say later, but want to continue to push you on this question of law. I'm going to resist the "ick" reaction to law, no matter how respectable the Jewish thinkers are who are involved. Your pushing me on this will, of course, eventually make me read Benjamin, Scholem, Taubes, and especially Rosenzweig much more thoroughly.

My question here is this, why the "according to the logic of law"? There is nothing according to the logic of law that demands that Ninevah be destroyed. Perhaps the law of prophecy? God said it, it's got to happen. But nothing whatsoever from the law proper, from the Torah especially.

So yes, law makes a demand on the future, but only from the perspective of the present as it looks forward. From the perspective of the present looking back, commandment and law are ever and always identical. They are precedents, to be deferred to and respected, but always interpreted by the demands of the present, always subject to nuancing, neutralizing, or even complete reversal according to the demands of the present. When a judge considers a law, whether from the hand of a legislature or in the opinion of a previous judicial authority, the demands that are placed upon him are not primarily the demands of the past, but of the present structure of reality. If there is no crowd in the street ready to riot, no superior judge ready to pounce and reverse, no superior sovereign ready to lift his head from his neck if he fails to meet the demands of the past, then the demands of the past are weak at best, subject almost in their entirety to the force of his creative intellect. And, it must of course be added, if rioters or superior sovereigns threaten, then it is the violence of the present that give force to the demands of past law. As such, the armchair philosophical distinction between law and commandment is, I am tempted to say without giving any further thought, null and void at any moment of legal decision. This is doubly so in the situation of Judaism between the 2nd and 20th centuries where obedience to the law of the commandments is completely unalloyed by the threat of actual violence. It is the difference, as Robert Cover pointed out, the infinitely more important distinction, between imperial law and paideic law (that is between law that is imposed by violence and law that pedagogically unifies a non-statist people).

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