bennington illegality

2
In fact we should not be surprised to nd ourselves thus before the law: for the concept of law is already analytically entailed by the fact of repetition, and so we have been talking of nothing else since the beginning. There is no law in general except of a repetition, and there is no repetition that is not subjected to a law ( , !"#$ . "#% &or in order to begin to reply to the suspicion of passive ac'uiescence to the law, whatever it be, we shall say that this co i)plication of the law, of repetition and of a*r)ati'n, conta)inates the law with a constitutive illegality which will alone allow us to understand how a given positive law could be unjust. +very law tries to ground its justice in justesse, transfor)ing the violence of its perfor)ative force into a cal) constatation of the state of a airs it produces, according to the play we have just seen for the contract. "-

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In fact we should not be surprised to find ourselvesthus before the law: for the concept of law is alreadyanalytically entailed by the fact of repetition, and so wehave been talking of nothing else since the beginning.There is no law in general except of a repetition, andthere is no repetition that is not subjected to a law (D,123) . 239For in order to begin to reply to the suspicion ofpassive acquiescence to the law, whatever it be, we shallsay that this co-implication of the law, of repetition andof affirmatiqn, contaminates the law with a constitutiveillegality which will alone allow us to understand howa given positive law could be unjust. Every law tries toground its justice in justesse, transforming the violenceof its performative force into a calm constatation of thestate of affairs it produces, according to the play wehave just seen for the contract. 240