Thursday, July 18, 2013

Preemptive Legitimate Defense: When a Movement of Your Body Can Kill You

From The Funambulist:

Whether we talk about the war in Iraq or the murder of Trayvon Martin, there seems to emerge a legal means of justification for a country to invade another or for a white man to kill a black boy. I call this means “preemptive legitimate defense” insisting on its oxymoronic character that demonstrates its ethical and legal absurdity. Such a claim is revealing the contradictions of our era, what Slavoj Zizek denounces in the marketing inventions of decaffeinated coffee and beer without alcohol and their geopolitical equivalent: wars for peace. These contradictions emerge from the necessity for a majority of people in the Western World to maintain their way of life and to obtain an ethical justification for their political positioning. The notion of legitimate is therefore important: it involves a narrative whose consistency should be sufficient to be self-persuasive (the kind that makes us say that we should not give money to a beggar because (s)he is probably part of a larger network that is abusing her or him). The notion of preemptive also implies a narrative: an anticipated one — and therefore a fictional or speculative one — that would retroactively justify the defense. We find the paradox of Philip K. Dick’s Minority Report here: if you know that someone is going to commit a crime you can arrest him (her) before (s)he commits it; yet, if you do arrest him (her) the crime has not been committed and therefore this person cannot be legitimately punished. The justification of a “preemptive legitimate defense” — of course, this is never presented that explicitely — is therefore always either hypocritical or delusional.

More...

No comments:

Post a Comment