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Is the sovereign a literal, singular person? Or sort of a metonymy for the consensus of society, an embodiment of the Law rather than its author?
Agamben is taking the definition of the sovereign as 'he who/that which decides upon the exception' directly from Carl Schmitt, a German political theorist (with links to the Nazi party) who is being used a lot by leftish theorists of democracy at the moment - Derrida devotes chunks of The Politics of Friendship to his thought and Chantal Mouffe edited a book of essays on him.
Schmitt attempted to think about political sovereignty in a way which broke the dialectic between constituting and constituted power. For example, the Queen or Tony Blair or whoever could be called 'sovereign' because of the position she/he occupies in the state of Britain - a position which is already constituted. By contrast, when Jefferson signed the Declaration of Independence or when Romulus killed Remus, those were acts of constituting power, since they brought into being a new State form and a new basis of authority. In European political thought, constituted power is usually thought as an application of the Law (on the side of culture) and constituting power as a violent breach in the Law (on the side of Nature, cf Hobbes's 'state of nature' as 'the war of all against all', where one is not fighting on the basis of an already-legitimated cultural form). Now, for Schmitt - and Agamben takes this up in a nicely complicated way - the sovereign is neither simply the entity with the most 'natural', violent or warlike power, nor is he simply the person who occupies the position of 'sovereign' in an already-constituted State. The sovereign is sovereign because he (or she, or it if it's a body like a council or government etc) has the power to suspend the law and declare a state of emergency/state of exception (He draws on the practice of the Nazi party again here but I don't have my notes with me so I can't give you chapter and verse). So 'the sovereign is he who/that which has the power to decide on the state of exception' is simply a definitional statement, and I think a very convincing one. Could you say a bit more about your problems with Agamben's take on sovereignty, Crunchy? You say:
i'm disinclined to accept the idea that there's any consistency in the application of 'The Law', such that it's 'suspension' is particularly meaningful.
and I think I sort of get that - but, for example, it is surely politically necessary to fight against, for (topical-ish) example, the 'suspension' of civil liberties on the basis of a sovereign decision that 'the war on terrorism' justifies the State's giving itself the power to, to take up Mister Disco's example, imprison its citizens indefinitely and not be legally accountable in any way? Not that the existence of the Law prevents abuses, certainly, but I think there is a significant difference when there is no legal framework in place to cap or trammel State power...
but I think I might be rambling now...
(Ooh, and my knowledge of Foucault is horribly skimpy so could you explain where he misses the point of Foucault's biopower, as well, Crunchy?)
(There are tons of interesting overlaps with my adored Walter Benjamin here, by the way, and his distinction between 'the state of exception in which we all already live', decided upon and practiced by nation states & the forces of global capital, etc, and the 'good' state of emergency which we should all declare in the name of some new political form which can resist sovereign power as it now stands...) |
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