Diritto e violenza. Interpretazioni critiche delle prospettive filosofiche di Benjamin e Girard

The theme "Law and Violence" has been addressed by a series of authoritative researchers in the last century and, more recently, by authors that paid attention, from different perspectives, to the risks of violence emerging out of juridical rules. The argumentation of the paper starts from Walter Benjamin’s essay: "For the criticism of the violence", in which the author investigates the connections between violence and law, distinguishing between violence that establishes law and violence that preserves it. Violence, present at the origin of the right, if it is practiced beyond legal norms puts its own existence in danger. In his work Foucault describes modern devices of power-knowledge as tools utilized by conservative violence of the law in force. Girard’s theory tells us about the missed acknowledgment of the fundamental founder’s violence. The sacrifice ritual’s violence protects the whole community from its own violence. The most effective remedy against the violence instigated by the mimetic conflict can be identified in the juridical system’s transcendence, able to practice a third and definitive violence that interrupts the circle of the revenge.