4. loss of experience and experience of loss remarks on the problem of the lost revolution in.pdf
TRANSCRIPT
7/21/2019 4. Loss of Experience and Experience of Loss Remarks on the Problem of the Lost Revolution in.pdf
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Loss of Experience and Experience of Loss: Remarks on the Problem of the Lost Revolution in
the Work of Benjamin and His Fellow CombatantsAuthor(s): Wolfgang Fietkau and BenjaminSource: New German Critique, No. 39, Second Special Issue on Walter Benjamin (Autumn,1986), pp. 169-178Published by: New German CritiqueStable URL: http://www.jstor.org/stable/488124 .
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7/21/2019 4. Loss of Experience and Experience of Loss Remarks on the Problem of the Lost Revolution in.pdf
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Loss
of
Experience
nd
Experience
f
Loss:
Remarks
n
the
Problem
f
theLostRevolution
in
the
Work
f
Benjamin
nd
His
Fellow
Combatants
by Wolfgang
Fietkau
That the fame
Benjamin
so
fatefully
and
(un)successfully
ran
away
from all his life has
finally caught
up
with him
post
mortem
predis-
poses
his
work,
in
the wake
of
the
complete
edition
of his collected
writings,
not
only
to
a
perspective
that should
eventually
be
freer
from
preconceptions,
but
also
to
a
neutralization that
would
seem
to
be the
shadow
side
of
every
academic
consecration.
Its
sunny
side,
however,
is the opportunity to recognize on the basis of its now unchallenged
greatness
certain inherent limitations as well. The latter
are the
con-
cern
of the
following
sketches,
which
place
certain
aspects
of his oeuvre
in a
context
that
links
Benjamin's
thinking
to that
of his
fellow
com-
batants
on
the left and the
conservative-revolutionary right.
If
it is true
that,
in
however
sublimated
a
manner,
the best
minds
of a
given
era end
up
wrestling
with
the same
problems,
it would be
worth
investigating
to
what extent
Benjamin belongs
-
by
not
belonging
-
to the
groupings
of
the left
and
the
right.
However evident
or dubious
his
participation might appear,
his
non-participation
is
in fact
no
less
striking.
To
define this
non-participation
anew
would
involve
relating
Benjamin's
intellectual
paths
to
the
positions
of that
bourgeois
social
philosopher
who was neither his
opposite
number
nor his
model,
who
was neither the
bNte
oirenor
the
bNte
lanche f
the
German
intelligentsia
and
yet
remained
its
challenging
inspiration
even where
his name
remained
unspoken:
I
am
speaking
of
the
Myth
of
Heidelberg,
Max Weber.
II.
When Max Weber raised
his
voice
in
warning against
the
revolution-
ary
posturing
in
Munich
in
1918,
he linked
his
denunciation
of
the
bloody
carnival to a
sociological analysis
of
present
and future
169
7/21/2019 4. Loss of Experience and Experience of Loss Remarks on the Problem of the Lost Revolution in.pdf
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170 Loss
of
Experience
trends
under
the
headings
of mass
democracy
and
bureaucratization.
In contrast to left-wingcritical theories that postulate a polarization of
extremes
and
a breakdown of social
structures,
Weber
registers
a
con-
vergence
of
social forces toward the
center,
one
which
coincides
with
a
complication
of
the structures
at that
center.
If
the
military
defeat
of
the
Reich
eemed
to furnish
the
preconditions
for a
political
revolution,
Weber nonetheless felt
it
necessary
to
warn
against
a belief
that,
however
capable
of
moving
mountains,
was
unable
to
cope
with
ruined
finances
and
a lack of
capital.
The socialist
revolution
appears
obsolete
to
the
bourgeois sociologist
because he
no
longer discerns its objective conditions of possibility. The revolution
nevertheless
develops
a
peculiar
afterlife
of its
own,
one
that
in
several
respects
clarifies
prevalent
states
of mind in
the
1920s.
Bereft
of
its
objective possibilities,
lacking
any
prospect
of
seizing
the
masses,
who
have
long
since taken a
different
turn,
it
leads
a
posthumous
existence
in
the
realm
of
the
philosophical
daydream.
While
intellectuals
still
dream
of
revolution,
its conditions
have
quietly
slipped
away.
From
this
perspective,
as
Rene
K6nig
observed,
the
1920s
were
already
over
before
they
had
begun.
The
posthumous
existence
of
the socialist revolution
evaporates
in
Ernst Bloch's hands into a
theology
an
endangered journey,
a wan-
dering,
a
going astray,
a
search
for
the hidden
homeland;
full of
tragic
disruptions, boiling,
bursting
with
cracks,
eruptions,
lonely
promises,
intermittently
charged
with
the
conscience
of
light (Thomas Miinzer)
-
a
utopian
daydream,
soon to
be
opposed
by
a
complementary
fan-
tasy
on
the
part
of
revolutionary
conservatism.
Hadn't
Marx,
as a Leninist
avant
la
lettre,
n his confrontation
with
Proudhon,
already
let
it
be
known that in
case
the natural
develop-
ment
of
things
failed
to
materialize, violence,
that
is
to
say
the
avant-
garde, would have to create the revolution and impose a dictatorship
upon
the
proletariat?
When
Max
Weber
died
in
1920,
he
bequeathed
to
the
bourgeois
social sciences
a set
of
epistemological
equipmentwhich,
limited
alpari
to
the
everyday
of
the
demystified
world,
nevertheless
kept
track
of
actual
historical
reality.
Academic social
philosophy,
on
the other
hand,
from Sombart
to
Heidegger,
is at this
very
moment
beginning
to
assimilate
Marxism and
bears
witness
in its artificial
distortion
(Ver-
fremdung)
of
the
original
text
( fallen
state
[Verfallenheit],
inauthen-
ticity [Uneigentlichkeit]nstead of self-alienation [Selbstentfremdung])o
the
deep
sense
of
shock
with which
the
post-Wilhelminian
establish-
ment
of the
German
universities
plopped
out of the coziness
of its
bay-
window
seatwhen
confronted with
inflation,
post-war
restlessness
and
social
disorders.
7/21/2019 4. Loss of Experience and Experience of Loss Remarks on the Problem of the Lost Revolution in.pdf
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Wolfgang
Fietkau
171
In
1922, Maller
van
den
Bruck
announces
the
redemptive
formula
of a revolution of
nihilism ;
in
1921, however,
Walter
Benjamin
had
likewise
espoused
the nihilism of a
proletarian
general
strike which
sets itself
the sole
task of
annihalating
the
power
of
the state.
While
the
left's
idea
of
revolution,
whether
it
refers
to
Thomas
Miin-
zer
or to
Georges
Sorel,
knows
no
alternative
to
violence,
the revolu-
tionary
conservatism
of
a
Moller
van
den
Bruck,
ErnstJiinger
or
Carl
Schmitt draws
in
turn
upon
the catholic traditionalism
-
whether
in
left-wing (Sorel)
or
right-wing(Maurras) uise
-
which had
also
reached
Germany
n
the aftermath
of
the
Dreyfus
affair.
Thus,
the
newly
imported
French notion of a conservative revolution replaces the intellectual
task which Max
Weber's death
bequeathed
to
German
sociology
as a
kind of
school
assignment:
that
of
a
conceptually
adequate
elaboration
of
the
developing capitalist
structures
in
everyday
life.
Since this French
import,
in contrast to the
original
French
provin-
cial
aristocracy
of
de
Maistre
and
Bonald,
does
not in
any
way
corre-
spond
to
the
everyday reality
of
post-Wilhelminian
Germany,
it
derives
its
existence
as a
backward-turned
utopia
from a
polemic
against
the
values
of
the
cultural
import
of
yesteryear:
the three
holy
maxims of
the French revolution.
The
thinner the surface
of
the
theory,
the
greater
the
temptation
to
make
up
for
its lack
of
historical humus
by way
of
complementary
Ger-
man fictions:
the
enlightened
Prussia,
for
example,
of an
Oswald
Spengler.
If the
revolutionary eschatology
of
the
young
Bloch,
Ben-
jamin
and
Lukaics
ooks
eastward,
the same
pattern
repeats
itself
in
the
revolutionary
conservatism
of
the
Dostoevsky
editor
Mdller
van
den
Bruck as
well
as in
the
national
Bolshevist
dreams
of
an
Ernst
Niekisch,
who
develops
the
terrifying
visions
of a Barres
or
a
Maurras
as
left
Ger-
man
fantasies
of a
nation
extending
from Vladivostok to
the
Rhein,
under German rule
of
course.
If
the
left-wing
revolution fails as
a
result
of
the
structural
transfor-
mation
of its
preconditions,
which
Weber
summarizes under
the
headings bureaucracy
and
mass-democracy,
the
right-wing
revolution
is
left
equally
in
the lurch
by
the illusoriness
of
its
premises:
the
dream
of
a
people's
revolution
as the counter-force
to the
powers
of indus-
trial alienation blossoms here under
the
impact
of a new wave
of indus-
trialization in
1923.
While
the
ideological struggles
of
the
revolutionary
left
and
right
take the ritual form of earnest intellectual duels, national socialism
begins
to
insinuate itself
into
the
historical
vacuum
by gaining
the ear
of
the middle classes
(which
were
in no
way proletarianized,
as
Kracauer or
Lederer
mistakenly
believed). Though
both revolutions
may
well
have lived
out
their after-lives
as
intellectual
phantasms
by
7/21/2019 4. Loss of Experience and Experience of Loss Remarks on the Problem of the Lost Revolution in.pdf
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172 Loss
of Experience
the end
of
the
1920s,
they
had
nevertheless
supplied images
to
repub-
lican society with which it could sleep-walk its way past its problems
and
end
up
in
the
arms
of
the
Nazis.
It
is
perhaps
instructive,
and
by
no
means
accidental,
that two
of
the
most
significant
political
manifestoes
from
the
perspective
of
the com-
plementary
nature of theoretical
developments
-
Benjamin's essay
Critique
ofViolence and
Carl
Schmitt'
s
Sociology
of the
Concept
of
Sovereignty
and Political
Theology
-
appeared
in
publications
that
bear
tribute,
in more
than one
respect,
to the name of Max
Weber.
Originally
inspired
by
Emil
Lederer
and intended
for
publication
in
WeisseBldtter,Benjamin's CritiqueofViolence finallyappears(1921)
in
Vol.
47 of
that
Archivfiir
Sozialwissenschaften
und
Sozialpolitik
o
which
Max Weber's studies
on
contemporary
society
and
especially
his
essays
on the economic ethics
of world
religion
had
lent
a
special
aura.
Schmitt's
Sociology
of
the
Concept
of
Sovereignty
..
.
was
in
turn
published
in
the
second volume
of
a memorial edition
by
Melchior
Palyi
dedicated
to Max
Weber
in
1923
by
a
large
number
of his
former
colleagues
from
the archive.
IlL
If one
surveys
the various
positions
that
emerge, by way
of
a
homage,
from the
critique
of
Max
Weber,
it soon
becomes
apparent
that
the
arguments
scarcely
have
anything
to
do with
Weber's
findings,
but
are
concerned rather
with
their
implicit
axiomatic; hence,
no
doubt,
their
theological
cast both on
the
left
and
the
right.
Just
as the afterlife
of
the
revolution
acquires
a
certain
ghostliness
in
the medium of the
day-
dream,
so
the intellectual controversies that
dramatize
the
implicit
problematics
of
a
hermeneutical
sociology
(verstehendeoziologie)
nto
the
opposite
fronts of a
religious war
turn
out
to
be entirely artifical.
A.
Since
norms
and
empirical
truths
are
-
from a
scientific
per-
spective
-
validated
on
heteronomous
levels,
and
since,
further-
more,
values
cannot,
according
to
Weber,
be
validated
but
only
believed
n,
Weber's
empirical
typology assigns
the modes
of
orien-
tation
of
social
action as
well
as the modes of validation of the
categories
of
legitimacy
-
not without
some
equivocation
-
to
the subjectivesphere of modes of beliefThe beginnings of Weber's
hermeneutical
sociology
turn
out,
in
fact,
to
be rooted
in
his
prot-
estant ethic inasmuch as the notorious nominalism of his con-
cepts
and
ideal
types presupposes
that
thoroughgoing demystifi-
cation of the world under
the
aegis
of a
rationalization which
forces
the
individual,
in
his
objective
loneliness
or transcendental
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Wolfgang
ietkau
173
homelessness
(Lukics),
to
derive all
objective meaning
and
coherence out of himself. To this extent, the presuppositions of
the
world-view
of
protestant
ethics
actually
reach
in
fact
into
the
subtlest ramifications
of
Weber's method
-
namely,
the
individualistic
structure
of his
definitions
of social formations:
this
determines
oth his
understanding
f the institutional
harac-
ter
Anstaltscharakter)
f
the state
derived rom chance
swell
as
the
theory
of the various
types
of domination.
It is
characteristic
f the
debate
aroundMax
Weber,
conducted
by
Lukics,
Bloch and
Benjamin,
on
the one
hand,
and
Carl
Schmitt,on theother,thattheydo notpresent hisimplicit heol-
ogy
of his
methodological (wissenschaftlich)rocedure
as a
subject
for
public
debate,
but
instead,
with the
artfulness of
philosophi-
cal
sublimation,
set
out from it in
ways
that
do
more
to
obscure
than
to
enlighten.
What
results
is
a
fundamental
re-theologizing
of the
issues,
as
if
it
really
were
a
matter
of
re-enacting
the
reli-
gious
wars that
succeeded the
Reformation.
If
Weber
had seen
one
of
the
consequences
of
the
Reformation
in
the transformation
of
every
form of
religious
ethics
into
a
personal
ethics
which,
with
the
loss
of all
transcendental
anchorage
and
a
reorientation
of
the
interest
in
salvation
from
the
next world to this
one,
promotes
the
secularization
of
the modern
world,
the
young
Luk.cs
of
the
Theory
fthe
Novel
akes the Weberian
topos
ofa
godless,
prophet-
less time
as the
occasion
for a
negative
theology
-
a charac-
terization
of
the
period
as
the era
of
complete
sinfulness.
B.
Weber
had
contested the absolute claims of
an
ethics
of
con-
science (Gesinnungsethik)y pointing, among other things, to the
irrationality
of the
world. Such an ethics
was,
he
argued,
incap-
able
of
recognizing
how a
politics
of
violence
could
generate
good
from
evil.
Weber
criticized
such an
ethics,
which
demanded
the sacrifice
either
of
the intellect or
of
experience,
for
its
inability
to tolerate
any
kind
of
modern
science based
on
empirical
ex-
perience
(Erfahrungswissenschaft).
e
had,
as
is
well
known,
finally
seen
the
advantage
of
an ethics
of
responsibility
in
the fact
that,
by
taking
the
irrationality
of the world into
account
from
the
very
outset,
it
relies
consciously
and without
any
illusions
on
violence
as a last resort, even if this involves
making
a
pact
with dia-
bolical
powers.
The
theologically
well-versed Ernst
Bloch
recognizes
in this
divorce of
conscience
from
responsibility
a
new version
of
Luther's
doctrine
of
the
two
kingdoms,
in
which,
through
the
separation
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174
Loss
of
Experience
of
belief and
justification,
an inwardness
is created
whereby
it
becomes possible to make oneself at home in an unchristian
world
and leave
it to the
powers
that
be to
pursue
their
fallen,
diabolical
ways.
Thus,
where
Bloch means the
politically
re-
signed
(not
the calvinist
economist)
Weber,
he
says
Luther,
and
invokes
the
memory
of
his
revolutionary counterpart
against
the
soft
living
flesh
of
Wittenburg.
For hadn't
Thomas
Miinzer
opposed
this doctrine of
the two
kingdoms,
this
emasculation
of
the
Christian
protest against
the
world,
with
the
argument
that
the
world
wasn't
simply
to be
accepted
as
God's
creation,
as
Luther thought, or left to the devil as corrupt, or forgivingly
loved,
but
rather
to
be
changed,
so
that the
kindgom
of
God
might
be realized
on
earth? The transformation
Bloch/Miinzer
proclaims
against
Luther/Weber
occurs
as a taborite
reshaping
of
the
world
through
the active overthrow
of
the
system,
through
violence.
Luther/Weber's
renunciation
of
all
forms
of
Christian
revolutionary
violence is
for
Bloch
only
that cleverness
of
the
meek who
sanction
injustice
in
the
name
of
brotherly
love. The
demonstrability
of
belief,
and
the concomitant
ability
to
recog-
nize the
elect,
legitimates
the
circle
of
those
who are
to
exercise
violence in the name of truth and
thereby
also
justifies
the
right
to violence
of
the
good.
The other side of the
revolutionary
Blochian coin
is the
offensive
Holy
War,
the extermination
of
the
godless,
the establishment
of
a
dictatorship
of the
chosen,
in
other
words
of
an intellectual
avant-garde
destined
to
annihilate
the
many pagan
altars
of
a liberal
pluralism
of
values and
restorethe
one
(the
one
God
or
the
anabaptist
King)
in
the
place
of
the
many.
C.
Max
Weber
had based
the connection between
the
sociology
of
law and that
of
the
state
on
the
observation
that
today
the
relationship
between the
state
and
violence
is so intimate that
the
state
may
be
directly
defined
by
its
monopoly
of
legitimate
violence.
If
law
is
thereby
understood
in
sociological
terms
as
the
prevailing
legitimized
order
whose existence
is
guaranteed by
outside
force,
the
notion of
such
organized
force
already
signifies
a
historical relativization
of this
kind of
law
-
that
is,
a
sociologi-
cal limitation
of
its
sphere
of
legitimacy
-
insofar
as
it
necessarily
presupposes the organizationalunity (Verbandseinheit)nd hence
the
institutional character
(Anstaltscharakter)
f
the
modern state.
By
contrast,
Benjamin theologizes
Weber's
sociological
descrip-
tion
by abolutizing
as
mythical
the
equation
of
right
and
might
in the
implicitly
relativized
sphere
of
validity
ofWeber's
sociolog-
7/21/2019 4. Loss of Experience and Experience of Loss Remarks on the Problem of the Lost Revolution in.pdf
http://slidepdf.com/reader/full/4-loss-of-experience-and-experience-of-loss-remarks-on-the-problem-of-the 8/11
Wolfgang
ietkau 175
ical deduction
of
law,
in
order
then
to
proceed
to
the
theological-
anarchisticprogram of abolishing the law. Since Benjamingrants
the
same
quality
of
originary
immediacy
to the
legal
violence
he
calls
mythical
-
qua
manifestation
-
as
he
does
to
the
violence
of
the
revelation he
calls
divine,
and
nevertheless
dis-
tinguishes
the former
from
the latter as
ungodly
(justice
as the
principle
of
all
divine,
power
as the
principle
of all
mythical pur-
poses),
he
implicitly
bases
his
distinctions
on
an
opposition
be-
tween
polytheism,
that
is to
say
the
pluralism/liberalism
of the
Weberian
division
of
power,
and
the
monotheism
of
revealed
religion without, however, developing itsunderlying philosophy
of
religion.
Thus
appear
the
mythical godheads,
in
other
words the
penates
and house altars
of
a
pluralisticallydisintegrated
cosmos
of
values,
which
corresponds
to
Schelling's
and Franz
Rosenzweig's
con-
ception
of
a
negative philosophy
as
the historical
counterpart
to
the
spiritual
process
by
which
man commits
the
original
sin
of
asserting
his will: like the
grandiloquent
word Weber
himself
wants
to
be,
but
cannot
be,
the creator.
Thus,
like Bloch
in
Miin-
zer's clothing, Benjamin repeats
the
polemic against
modern
pluralism
and
Weber's
nominalistic
idiom,
a
polemic
sublimated
here
too into the
language
of
theology
and the
philosophy
of his-
tory.
And
he
too
proclaims unity
against multiplicity:
for as the
historical
equivalent
of
this
ungodly usurpation, polytheism
(lib-
eralism/pluralism) appears,
it
is
true,
as a real
process,
yet
only
as
the
impotent repetition
in
human consciousness
of
the
process
of
creation. This state
of
affairs,
which is
no
more
than
hinted at
in
the
context
of
Benjamin's critique
of
violence,
is
confirmed
in
Franz
Rosenzweig's
Star of
Redemption,
which was written
almost
simultaneously:
Here one finds the constructive counter-
part
of
a rational
philosophy
which articulates
a
philosophy
of
history
based
on
the late
Schelling,
one
capable
of
situating
its
various elements.
To
such rational
philosophy
-
the
spiritual
consciousness
represented
by, say,
the
procedures
of Weberian
methodology
-
corresponds
the
negative philosophy
Rosen-
zweig
terms heathenism.
Both
are
posited
in
the
second
part
of
Rosenzweig's system
as
creation.
D.
If
Benjamin mythologizes
the
presuppositions
ofWeber's
soci-
ology
of law
by making
the
hypostatization
of law as
violence,
right
as
might,
the
pretext
for
demanding
its historical destruc-
tion,
Carl
Schmitt confronts the Weberian
position
with
a reverse
7/21/2019 4. Loss of Experience and Experience of Loss Remarks on the Problem of the Lost Revolution in.pdf
http://slidepdf.com/reader/full/4-loss-of-experience-and-experience-of-loss-remarks-on-the-problem-of-the 9/11
176 Loss
of
Experience
objection
of
equal cogency.
Since the
problem
of
a Weberian
(verstehend)ociology
of law consists in
dissolving
the
empirical
validity
of norms
-
from
the
perspective
of
a science
of
experience
-
into
the
modes of belief
of
the
oppressed,
it
succumbs
-
Schmitt fears
-
to the
dissolution
of
law and
order
in
the
abitrari-
ness
of
an individualistic ethic.
In
this
sense,
the
spirit
of Weber's
sociology
of
law
was,
from
Schmitt's
perspective,
born neither
in
Israel
nor in Rome.
Carl
Schmitt
grounds
his
critique
of
the
dead
model
to whom he
dedicates
his
memorial
essay
by
invoking
Weber's
theological
model
-
the church historian Sohm
-
when in fact it is Max
Weber himself he has
in mind:
IfJesus'
church
stems,
according
to
Sohm's
teachings,
from the
beyond,
it
is
a
spiritual
entity
beyond earthly
norms,
without visible contact
with the world
and
its laws: For this reason
there is
no
visible
community
which
would
be
the
Church
of
Christ
as
such.
Communal
life under
the conditions
of
this
world is unthinkable without
legal
organiza-
tion.
If
the
church
is, however,
essentially
unworldly,
it
also
neither
needs
nor
is
capable
of
worldly organization,
but
rather
transcends any and all order of law. If the church as Corpus
Christi
signifies
the existence
of
an
other-worldly community
in
the midst
of this
world,
it would
nevertheless
remain
separate
from
it
insofar
as
the
earthly
worldiness of the world is
equated
with
what
is
visible
or
outwardly
manifest.
For the
only
organiza-
tional
principle
of the
church
is
one
charisma,
that
word of
God
which was in
the widest
sense
the
church's sole
organizational
principle.
Since
spritual
power
(Gewalt),
n the form
of
pneumatocracy
which realizes itself
through charisma,
is of a
different
order
than
worldly
power,
which
alwaysrepresents
egal
authority,
the essence
of the
law,
insofar
as it
demands
enforcement,
does
not
reside
in
such
power
but rather
in the formal structure
of its
acquisition.
Legal
power always points,
on the basis
of
certain
facts,
to the
past.
If, however,
formal
legitimation
is
the mark
of
worldly-legal
power,
it
cannot,
by
the
same
token,
be the hallmark
of other-
worldly,
divine
power.
Thus,
charismatic directives
claim
no
enduring
validity;
the
spirit
decrees
this one
day
and
that
the next.
Sohm too had been
obliged
to
recognize
that the
founding
of
the
course of history on charisma was disavowed by history itself.
Because charismatic
organization
lacks
any
outward
organizing
power,
it
must,
as
he had to concede to his
opponents, finally
entrust the life of the church
to a
pneumatic anarchism.
Thus,
Carl Schmitt can invoke
Sohm,
who established the
7/21/2019 4. Loss of Experience and Experience of Loss Remarks on the Problem of the Lost Revolution in.pdf
http://slidepdf.com/reader/full/4-loss-of-experience-and-experience-of-loss-remarks-on-the-problem-of-the 10/11
Wolfgang
ietkau
177
important
proposition
that
the law
depends
fundamentally
on
form (summumjus, summa injuria)and must necessarilydo so,
insofar as
it does not
explicitly
demand
enforcement but
never-
theless
seeks
its
forceful realization. For
upon entering empirical
reality,
he
concept
of
law
undergoes
modifications that
are marked
by
an
abdication
of
timeless
justice
and
a certain
degree
of
in-
determinacy
-
a
necessary
sacrifice,
inasmuch
as
a
pact
must be
sealed with
the
powers
that be. Since the form
of the
law
under-
goes
certain modifications
in
the
act
of
realizing
itself
through
its
entry
into
the
world,
the
problem
now
arises as
to who is to
be
the
carrierof the form: the problem - in the language of the politi-
cal
theology
which
Weber's
approach
to
the
sociology
of
law
both
undermines and
suspends
-
of
competence.
Since a
legal
definition,
as
a
norm for
making
decisions,
only
says
how
-
but not
by
whom
-
something
is
to
be decided
(insofar
as
anyone
can
lay
claim
to
being
substantively
in
the
right,
there can
be
no
last
instance),
the
question
of
competence
is
synonymous
with
that
of
the last
instance
-
a
question
that
can
neither
be
raised
nor
answered
by
the substantive
quality
of
a
legal stipulation.
Schmitt's solution to
this
problem is, however,
the form
of
Catholic
law,
the
postulate
of
the
visibility
of the
Catholic church. For the
Catholic
church
and
its
teachings
offer
an
example
of
typical
purity:
as the
idea
of
a
visible
church and
thus of
aJus
divinum
constitutionally
established on
earth
by
an
order
of
law
that is true
Jus
and not
an
ethic,
Schmitt
argues,
it
needed
concrete
provisions
for
questionable
cases.
Thus,
there
finally
emerges
for
Schmitt
a
clear-cut alternative
between
recog-
nizing
Catholic
doctrine,
and
with it
the
formal
character
of
the
law,
as
legitimate
or
adopting
Luther's
(i.e.
Weber's) position,
in
terms of Sohm's
assumption
that all law is to be considered
incompatible
with
a
charismatic
community.
Weber's
sociology
of
law,
especially
his doctrine of its
charismatic
origins,
threatens
its
very
foundation. For if
the
substance
of the
law
resides
in its
form,
the
latter in turn
lies
in
the
concrete decision arrived at
by
a
specific
authority.
In
view of the
autonomous
significance
of
the
decision,
the
decision-making subject, according
to
Schmitt,
acquires
an
autonomous
significance
independent
from its con-
tent;
the
life of the
law
depends
in
reality
on
who
decides.
In
this
distinction between the subjectand the content of the decision, in
the
autonomous
significance
of the
subject,
resides a
problem
of
juridical
form
that is elided when norms
are dissolved
into mere
modes of belief.
Thus,
for Schmitt as for
Benjamin,
the
connection
between
defacto
power
and
the
highest legal power emerges
as
the
7/21/2019 4. Loss of Experience and Experience of Loss Remarks on the Problem of the Lost Revolution in.pdf
http://slidepdf.com/reader/full/4-loss-of-experience-and-experience-of-loss-remarks-on-the-problem-of-the 11/11
178 Loss
of
Experience
fundamental
problem
of a
theory thatjettisons
all the
premises
of
Weber's
sociology
as a science of
experience
in order to under-
stand the
law
or
its
powerlessness
as
power
on
the basis
of
excep-
tions to it.
As
these sketches
show,
Weber's
critics,
whether
politically
to the
left
or the
right,
stand
on the
same
street;
it
makes no difference
whether
the
rallying
cries
are
theology
of the
revolution
(Ernst Bloch)
or
political theology.
The
fact that the street
will
soon divide
hardly
changes
the
fact that
they
share
the same
ground
for
the
respective
mustering
of their
troops.
In
this
respect,
the
theological
after-life of
a
socialist revolution that never materialized contains
dangerous
ex-
plosive
matter. The
experience
of loss led to
a loss
of
experience
because
any
disciplined
(wissenschaftlich)
ttempt
to
come to
terms
with
this loss had become obsolete
in
the
eyes
of both
supporters
and
opponents
of the
posthumous
revolution. For
the social
sciences
were after
all a
bourgeois
affair.
Translated
by
Jonathan
Monroeand
Irving
Wohlfarth
A
JOURNALOF
4:
FALL
1986:
MOTHERHOOD
AND
SEXUALITY
edited
by
Ann
Ferguson
University
f
Massachusetts,
mherst
Subsciptions:
ndividuals
20
Institutions
40
Foreign
rders
dd
$5
surface,
$10 airmail.
Editor:
Hypatia
Southern
Illinois
University
at
Edwardsville
Edwardsville,L 62026-1437