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)

The article addresses Giorgio Agamben’s critical commentary on the global governance of the Covid-19 pandemic as a paradigm of his political thought. While Agamben’s comments have been criticized as exaggerated and conspiratorial, they arise from the conceptual constellation that he has developed starting from the first volume of his Homo Sacer series. At the centre of this constellation is the relation between the concepts of sovereign power and bare life, whose articulation in the figure of homo sacer Agamben traces from (...) the Antiquity to the present. We shall demonstrate that any such articulation is impossible due to the belonging of these concepts to different planes, respectively empirical and transcendental, which Agamben brings together in a problematic fashion. His account of the sovereign state of exception collapses a plurality of empirical states of exception into a zone of indistinction between different exceptional states and the normal state and then elevates this very indistinction to the transcendental condition of intelligibility of politics as such. Conversely, the notion of bare life, originally posited as the transcendental condition of possibility of positive forms of life, is recast as an empirical figure, whose sole form is the absence of form. We conclude that this problematic articulation should be abandoned for a theory that rather highlights the non-relation between sovereign power and bare life, which conditions the possibility of resistance and transformation that remains obscure in Agamben’s thought. (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)

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)

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)

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)