chapter  3
38 Pages

A critique of law’s violence yet (never) to come: United Nations’ transitional justice policy and the (fore)closure of reconciliation

ByERIK DOXTADER

In transition: For the law, the promise of reconciliation remains and must remain yet to come; asked of its own limit, the question of good faith with which reconciliation begins, the law replies with a timeless warrant for a system of precedent which disavows that the founding of its (founding) rule of recognition is an occasion to undertake a critique of violence in which the norm of its exception is not negated but (re)turned to the present as a potential for constitutive power. Before the law, reconciliation arrives to what remains, a history that cannot stand and which lacks standing, a silent and thus barbaric precedent that nevertheless holds the potential for beginning again, an exceptional transformation that does not forgive its own risk of bad infinity, the wait that sacrifices accountability in the name of becoming in relation.