In Homo Sacer, Giorgio Agamben suggests that Herman’s Melville’s ‘Bartleby the Scrivener’ offers the ‘strongest objection against the principle of sovereignty’. Bartleby, a legal scribe who does not write, is best known for the formula with which he responds to all his employer’s requests, ‘I would prefer not to.’ This paper examines this formula, asking what it would mean to ‘prefer not to’ when the law is in question. By reading Melville’s story alongside Aristotle’s theory of potentiality and Walter Benjamin’s (...) theses on history, it suggests that Bartleby’s interest, for Agamben, lies in his challenge to dominant conceptions of the relation between potentiality and actuality, which, he believes, are rendered indistinct in sovereignty. By reflecting critically on Agamben’s depiction of Bartleby as a ‘new Messiah’, this paper examines Agamben’s understanding of what it would mean to fulfil the law, and what form of political task this would entail. (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)

In Homo Sacer, Giorgio Agamben makes the claim that Kant’s moral philosophy is prophetic of legal nihilism and modern totalitarianism. In doing so, he draws an implicit parallel between Kantian ethics of respect and autonomy, and the authoritarian constitutional theory of Carl Schmitt. This paper elucidates and evaluates this claim through an analysis of Agamben’s assertion that the legal condition of modernity is a nihilistic law that is ‘in force without significance’. I argue that the theoretical continuity between totalitarianism and (...) the Moral Law is the problem of the undecidable, which arises when the empty ground of normative judgment comes to light. (shrink)

Political protests involving clashes with police are often delegitimized by governments for using “uncivil” and “violent” means. Drawing on a creative video clip made by a group of Gezi protestors, this paper theorizes an alternative response, which refuses the dichotomy between peaceful and violent struggles and instead seeks to transform the field of judgement. The protestors in the clip, by echoing a verse originally written by poet Cemal Süreya, reconstruct destructive activity – breaking billboards – playfully and detached from its (...) presumed ends. Placing their performances in conversation with Giorgio Agamben’s theory of mediality – means without end – I argue that the clip reconstructs political action in play-form, corroding the significance of the means-ends relationship. In doing so, it frustrates the usual grounds of judgement within which the meaning and value of protest activities are arbitrated. (shrink)

With his concept of ‘potentiality,’ Agamben offers a promising means of approaching questions of power and agency. Yet arguably, by situating potentiality as a reserve created through the sovereign ban, Agamben neglects the inter-subjective context of ordinary everyday agency. This means that while Agamben’s theory is particularly well suited to the analysis of interactions between states and their citizens, and those excluded from citizenship, it provides poor tools for understanding how social disparity develops within communities, understood as networks of individuals (...) of varying capacities and ways of being. By revisiting Aristotle’s discussion of potentiality from which Agamben’s concept is drawn, the essay develops from potentiality ways of thinking about agency. The essay focuses upon a class of individual who are increasingly seen to embody the political community’s potentiality, to the extent that their ability to exercise agency is reduced: that is, the ‘innocent child’—glossed at once as humanity’s future and best hope, and as its most vulnerable and unrealised quotient. While human potentiality is thought only in terms of childhood innocence, not only will these individuals’ agency be stymied, but citizens will also continue to separate themselves from their own unrealised potentials and frailties. (shrink)

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)

Placed between constituting and constituted power, homo sacer reveals the state of exception, which through sovereign ban, is kept both inside and outside the law. Agamben’s latest political and legal philosophy is based upon this concept. As the victim of sovereignty, homo sacer unfolds the paradox of sovereign power, criticiz- ing its fundaments and showing the emptiness of law. However, for potentiality which is at the centre of Agamben’s argument, we need to look not only outside sovereignty and sovereign power, (...) but also outside homo sacer. This ar- ticle aims to examine such space, arguing that through absolute potentiality, the fulfilment of law is possible with the content to be focused on reaching conditions of justice and happy life. (shrink)

In this paper, I attempt to discuss the role played by the figure of Apostel Paul inside several texts of four authors: Heidegger, Badiou, Agamben and Žižek. My hypothesis is that Heidegger and the contemporary philosophers do not turn to Apostle Paul guided primarily or exclusively by theological interest or perspectives, yet they pose a great challenge to the religious thought. Heidegger’s return to Saint Paul has a philosophical-phenomenological aim: highlighting the carrying structures of the temporality of factic life. Badiou, (...) Agamben and Žižek are interested in Paul as a political personality, a poet-thinker of an Event, who has to enforce a universal singularity both against the current legal abstractions and against communitarian and particularistic claims. They rely on Paul when confronting the postmodernism and when examining what constitutes the political. Against the postmodern doxa, Badiou, Agamben and Žižek aim at the revitalization of the politics of universal truth. (shrink)