Myth and authority: Forum on the Actuality of Benjamin’s ‘Critique of Violence’ at Its Centenary, Part I - The Mythical Authority of Foundation: towards a critique of justice

Abstract This essay proposes an interpretation of the relationship between law, violence, and justice based on Walter Benjamin’s work ‘Critique of Violence.’ I argue that, in the essay, the three terms are sustained by an underlying notion of authority, which, according to Benjamin, has a mythical character. This is shown by an interpretation of how law’s authority is linked to its mythical foundation. Then, by analysing Western mythology and how the notion of authority in our tradition is linked to the Roman figures of Romulus and Numa, I propose a new interpretation of the relationship between law and myth in Benjamin’s text, showing how law also depends on a mythical justice and how the critique of violence must also involve a critique of justice. I end the paper by tracing a parallel between Benjamin’s divine violence and what could be termed divine justice.