jeudi 7 juillet 2005
Homo sacer
jeudi 7 juillet 2005 à 15:49 :: Perversities
To a homo sacer, Roman law did not apply to anymore, although he was still "under the spell" of law. He was excluded from law itself, while being included at the same time. Now this figure is the exact mirror image of the sovereign - a king, emperor, or president - who stands, on the one hand, within law (so he can be condemned, e.g. for treason, as a natural person) and outside of the law (since as a body politic he has power to suspend law for an indefinite time).
Since its origins, Agamben notes, law has had the power of defining what "pure life" is by making this exclusive operation, while at the same time gaining power over it by making it the subject of political control. The power of law to actively separate "political" beings (citizens) from "pure life" (bodies) has carried on from antiquity to modernity - from, literally, Aristotle to Auschwitz. In a daring but plausible move Agamben connects Greek political philosophy to the concentration camps of 20th century fascism, and even further, to detainment camps in the likes of Guantanamo Bay or Bari/Italy, where asylum seekers have been imprisoned in football stadiums. In this kind of camps, entire zones of exception are being formed. Sovereign law makes it possible to create entire areas in which the application of the law itself is held suspended.
In particular, Agamben warns of a "generalization of the state of exception" through laws like the USA PATRIOT Act which would mean a permanent installment of martial law and emergency powers across our countries." (Laborlawtalk)
Every act of terrorism seems to increase this tendancy amongst our democratic systems.
Materials related to Agamben's Homo Sacer Project can be found here.