This work concerns Walter Benjamin’s theory of state of exception in the context of his philosophy
of history, which is expressed above all in two important essays: Über den Begriff der Geschichte
(“On the concept of history”, 1942) and Zur Kritik der Gewalt (“Critique of violence”,
1921). This paper tries to outline the metaphysical meaning of the distinction that Benjamin made
between “state of exception” (Ausnahmezustand) as a condition of political and juridical oppression
and the real state of exception (wirklich Ausnahmezustand), which instead Benjamin described
as the revolutionary chance of the oppressed classes that we can think exclusively because
of a Messianic conception of time (Jetztzeit) and history (historical materialism theologically interpreted).
Thanks to this reconstruction of Benjamin’s philosophy of history, the paper attempts to show – also
through a comparison with the theories of Giorgio Agamben, Carl Schmitt, Jacob Taubes and
Lenin – whether it is possible to think of a philosophy of law as a philosophy against law.
