This paper revisits Giorgio Agamben’s text The Time That Remains and through a comparative analysis contrasts the author’s reading of St Paul’s Romans to relevant Derridean thematics prevalent in the text. Specific themes include language, the law, and the subject. I illustrate how Agamben attempts to revitalise the idea of philosophical anthropology by breaking away from the deconstructive approach. Agamben argues that language is an experience but is currently in a state of nihilism. Consequently, the subject has become lost; or, (...) more specifically, the subject and its object have not disappeared in language but through language. The resuscitation of experience is thus required to defeat this condition: only in language does the subject have its site and origin. Unlike deconstruction, which highlights an inherent paradox within a situation unearthing a questionable foundation, Agamben argues that, by investigating the “exception,” one finds neither a norm nor an inherent truth of the situation, but the confusion which surrounds them both. (shrink)

Peter Fitzpatrick’s intellectual relationship with Jean-Luc Nancy centred on the related problems of myth and community. In this article, I will explicate the ‘restlessness of the negative’ that Nancy describes in Hegel, in order to further develop Fitzpatrick’s notion of ‘law as resistance’. Set against the backdrop of myth and community, law can be understood as a community’s fragmentary attempt to explicate its essence. Modern law becomes an artefact of the negative twisting through a community’s attempts to construct itself through (...) a Nancian ontology of ‘being singular plural’. In this manner, one might understand Fitzpatrick’s claim that there is ‘always more to be done’ as affirming the necessity of some extra-formal legality—that is, the political—that must be opened through the resistance wrought by negativity. (shrink)

In this essay I develop a Marxist-informed anticolonialist position, and from this position I assess the role of law in the early Canadian settler-state. I claim that the flexibility of law is a measure of its restitutive and exploitative facets, such facets that operate dialectically as a means of moderating between the settler-state’s liberal democratic ideals and its capitalist imperatives. Law plays an integral role in this context because, by performing this moderating function, it stabilizes the socio-economic order of the (...) emergent settler-state. In the second half of this essay, I enrich my theoretical analysis by examining the variable legal subjectivity of early Ukrainian immigrants to Canada. This historical perspective allows me to illuminate the intricacies of the logic that informs law’s flexibility, and to show how the liberal democratic principle of freedom was—and continues to be—both extolled and compromised by the law’s moderating function. (shrink)

This paper attempts to provide, through a reading of Derrida's Rogues, an account of the political phenomenon where regimes of sovereignty are resisted in the name of the very values — freedom, democracy and human rights, for example — they purport to stand for. To Derrida, sovereignty must simultaneously conform to a logic of both self-identity and of unconditionality. However, the unconditionality that makes sovereignty possible will always threaten and exceed it, something that other accounts like Agamben's try implicitly to (...) deny. In the end, for Derrida, our present political challenge is to recognize, and even affirm, the way the unconditionality of sovereignty is turned against itself. Sovereignty, then, is most effectively dealt with not by imagining a world in which it will no longer occur, nor by simple opposition, but by committing to the very logic of sovereignty itself. (shrink)

This study seeks to critically explore the link between sovereignty, violence and war in Giorgio Agamben’s Homo Sacer series and Thomas Hobbes’s Leviathan. From a brief rereading of Leviathan’s main arguments that explicitly revolves around the Aristotelian distinction between actuality/ potentiality, it will conclude that Hobbesian pre-contractual violence is primarily based on what Hobbes terms “anticipatory reason” and the problem of future contingency. Relying on Foucauldian insights, it will be emphasized that the assumption of certain potentialities suffices in leading to (...) Hobbes’s well-known conclusion that the state of nature is a “condition of Warre.” In a second step, this study considers some of Agamben’s arguments to account for how pre-contractual violence as envisioned by Hobbes cannot be rendered impotent through the integration of a sovereign. In specific, Agamben’s claims shed light on an irreducible, inextricable entwining between the state of nature and the state of law as “Siamese twins” (Virno). On a meta-level, Agamben thus implicitly shows how the “Hobbesian problem” cannot be merely reduced to a “problem of order” (Parsons). With regard to the current functioning of the stratagems of financial markets and the mechanisms of future-colonization underpinning global politics, this study finally argues that Hobbes ought to be reevaluated in particular regarding the problem of the future in his account. Partly responding to Agamben’s critical investigations, I suggest that a careful exploration of what will be coined “the prospects of an actualization of the potentiality not-to-be” might serve as a first theoretical step towards a productive form of criticism. (shrink)

,is article addresses the relationship between sovereignty, biopolitics and governmentality in the work of Giorgio Agamben, Judith Butler, and Michel Foucault. By unpacking Foucault’s genealogy of modern governmentality, it responds to a criticism leveled against Foucauldian accounts of power for their alleged abandonment of the traditional model of power in juridico-institutional terms in favor of an understanding of power as purely productive. ,is claim has most signi-cantly been developed by Agamben in “Homo Sacer: Sovereign Power and Bare Life”. I argue (...) that Judith Butler’s analysis of power, in particular in her essay “Inde-nite Detention”, presents a more di.erentiated account of power that registers the signi-cance of practices of sovereignty and resonates with Foucault’s lectures on “Security, Territory, Population”. (shrink)

The paper addresses Giorgio Agamben’s affirmation of post-sovereign politics by analyzing his critical engagement with the Hobbesian problematic of the state of nature. Radicalizing Carl Schmitt’s criticism of Hobbes, Agamben deconstructs the distinction between the state of nature and the civil order of the Commonwealth by demonstrating the ‘inclusive exclusion’ of the former within the latter in the manner of the state of exception, which functions as a negative foundation of any positive order. Since the state of nature is no (...) longer cast as spatially external and temporally antecedent to the former, it cannot be escaped by the perfection of the legal order, nor can it itself be posited in an essentialist manner as a pre-political site uncontaminated by sovereign violence. While denying any way out of the state of exception, Agamben nonetheless argues for the possibility of its appropriation in the way that dissociates anomie from the locus of sovereignty and reclaims it as an attribute of free social praxis. The paper analyzes three central features of this ‘post-sovereign’ politics and concludes with a discussion of the differences between Schmitt and Agamben with regard to the fate of Hobbes ’s Leviathan in late modern politics. (shrink)

This article is based on interviews with former Australian immigration detainees conducted by the author. The interviews explored the experience and understanding of resistance while in detention. The article calls into question Agamben’s twin conclusions that nothing short of a complete re-founding of ontology is required to liberate humanity from biopower and that this refoundation will spring from bare life. Contrary to Agamben’s depiction, the camp proves to be a place of determined and often successful defence of a relation of (...) politics and life based not on the camp and biopower, but on solidarity and freedom. Detainees in Australian immigration detention, like prisoners in the Nazi concentration camps, refused to abandon their politics. Rather than seeking to transform bare life, they rejected it and made their own decision on life and politics. (shrink)

This article examines the issues surrounding transcendence, the Other and base materialism in relation to Georges Bataille’s heterology and Emmanuel Levinas’s notion of the face of the Other as infinity and transcendence. The article concludes that there is no facet of human existence – including work and the economy – which is not touched by transcendence, and that the idea that there are societies based in subsistence and in nothing but a ‘struggle for existence’ is a prejudice of modernity.

This article presents a critical account of Agamben’s understanding of the logic of sovereignty and of the notion bare life, particularly Agamben’s approach to the paradox of sovereignty and its relation to Aristotle’s metaphysical category of potentiality. With regards to bare life, it brings together an analysis of the figure of the homo sacer with an account of Agamben’s use of paradigms as methodological tools. The first part of the paper argues that Agamben ontologises sovereignty by dramatising the paradox of (...) its structure as im-potentiality. The second part claims that even though an account of Agamben’s methodology serves to respond to the different critiques that his notion of bare life has raised, Agamben’s notions of sovereignty and of bare life ultimately rely on Schmitt’s decisionism. El artículo hace un recuento crítico de la forma en que Agamben entiende la lógica de la soberanía y la noción de nuda vida, particularmente su abordaje de la paradoja de la soberanía y su relación con la categoría metafísica aristotélica de la potencialidad. Con respecto a la nuda vida, combina el análisis de la figura del homo sacer con un recuento del uso que hace Agamben de los paradigmas como herramientas metodológicas. En la primera parte del ensayo, se argumenta que Agamben ontologiza la soberanía al dramatizar la paradoja de su estructura como im-potencialidad. En la segunda, se afirma que aunque la descripción de la metodología de Agamben sirve para responder a las diferentes críticas suscitadas por su noción de nuda vida, sus nociones de soberanía y de nuda vida dependen, en última instancia, del decisionismo de Schmitt. Este artigo apresenta a versão crítica do entendimento de Agamben sobre a lógica da soberania e da noção de vida nua. Em particular, a aproximação de Agamben para o paradoxo da soberania e da sua relação com a categoria metafísica da potencialidade de Aristóteles. No que diz respeito à vida nua, reúne uma análise da figura do homo sacer com uma explicação do uso de Agamben de paradigmas como ferramentas metodológicas. Na primeira parte deste artigo, argumenta-se que Agamben ontologiza a soberaniadramatizando o paradoxo de sua estrutura como im-potencialidade. Na segunda parte, será alegado que, apesar de uma explicação da metodologia de Agamben ter servido para responder às diferentes críticas que sua noção de vida nua tenha levantado, em última análise, duas noções da soberania e vida nua de Agamben dependem do "decisionismo schmittiano". (shrink)

Metaphysics, including the metaphysics of justice, is forgetting or blinding oneself to the violence of the pure. Arkady Plotnitsky: 1. Without a master, one cannot be cleaned. - Purification, whether by fire or by the word, by baptism or by death, requires submission to the law. Dominique Laporte: 2. Pure and Impure until Homo Sacer - The pure and impure have long been of interest to Giorgio Agamben. In his first text, The Man Without Content, Agamben writes of “pure culture” (...) as an aesthetic relation to the world that idealizes the position of the disinterested spectator. 3. This culture…. (shrink)