WALTER BENJAMIN: A CRITIC ABOUT THE VIOLENCE IN THE LAW

This article aims to clarify the relationship of violence to the right from the contributions of Walter Benjamin in his essay entitled for a critique of violence (Gewalt der Zur Kritik, 1921). Benjamin not only judges the criteria for application of legal violence, but advances to the critique of positive law itself, given its intimate and complex relationship with violence. Of course, the author not found this critical foundation in the conception of natural law, or the positivist law, but in the historical and philosophical of law, which definitely locates his critique. This test allows us to analyze the foundation of power, strength and authority which, on the one hand; he founded and maintains the legal fiction, and on the other hand, lets you legitimately have the right of life, to the point of abolishing it. Among the results that research Benjamin, is the admission of other forms of organization inaccessible to violence or State law, namely those based on the "culture of heart."