,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 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)

Giorgio Agamben presents us with one of the most powerful and controversial criticisms of human rights. He contests conventional understandings of human rights as normative setbacks on sovereign power, and shows instead how these rights reinforce sovereignty by producing bare lives that are irredeemably exposed to violence. This essay aims to understand the distinctive aspects of Agamben's critique and assess his concluding call for a politics beyond human rights. It suggests that this call is necessitated by a counternarrative of Western (...) politics that ties human rights inextricably to the logic Agamben ascribes to biopolitical sovereignty. Within this stringent logic, any politics organized around human rights cannot help but reproduce sovereign violence. The essay questions this counternarrative in two ways: First, it shows how this counternarrative, which aims to unveil all the myths that sustain sovereignty, ends up repeating what it identifies as the distinctive mythologizing gesture: rendering the contingent necessary. Second, it turns to Agamben's notion of ‘potentiality’ to break the binding spell of his narrative of fated necessity and reclaim the contingent, equivocal and unpredictable effects of modern rights declarations and struggles. The essay concludes with a discussion of contemporary rights struggles of sans-papiers to illustrate the strengths and limits of Agamben's critique of human rights. (shrink)