The Omnibus Homo Sacer

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by Giorgio Agamben


  and the other two fingers folded against the palm, or the variant known as the

  bene dictio graeca with the little finger distended as well). Quintilian, who in his Institutiones oratoriae minutely describes the linguistic gesture in all its variants, writes, in relation to its unquestionable efficacy, that it is the hands themselves

  that speak (“ipsae loquuntur”: II, 3, 85). It would be impossible to define more

  precisely the power of a linguistic gesture that is irreducible to a scansion or to

  a mere emphasizing of the discourse: there where the gestures become words,

  the words become facts. We find ourselves in the presence of a phenomenon

  that corresponds, even if apparently through an inverse process, to the insoluble

  interweaving of words and facts, of reality and meaning that defines the sphere

  of language that linguists call performative and that has attained philosophical

  status through Austin’s book How to Do Things with Words (1962). The performa-

  tive is indeed a linguistic utterance that is also, in itself, immediately a real fact,

  insofar as its meaning coincides with a reality that it produces.

  But in what way does the performative realize its peculiar efficacy? What

  allows a certain syntagma (for example, “I swear”) to acquire the status of a fact,

  negating the ancient maxim according to which words and actions are separated

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  by an abyss? Linguists do not tell us, as if here they found themselves before a

  final, magical layer of language. In order for us to answer these questions, it is

  necessary to begin by reminding ourselves that the performative is always con-

  stituted through a suspension of the normal, denotative character of language.

  The performative verb is necessarily constructed with a dictum that, considered

  in itself, has the nature of a pure statement without which it remains empty

  and without effect (“I swear” has value only if it is followed or preceded by a

  dictum— for example, “that yesterday I was in Rome”). It is this normal denota-

  tive character of the dictum that is suspended and, in some way, transformed at

  the very moment that it becomes the object of a performative phrase.

  This means, in all truth, that the performative utterance is not a sign but a

  signature [ segnatura], one that marks the dictum in order to suspend its value and displace it into a new nondenotative sphere that takes the place of the former. This is the way we should understand the gestures and signs of power with

  which we are occupied here. They are signatures that inhere in other signs or

  objects in order to confer a particular efficacy upon them. It is not therefore by

  chance that the spheres of right and the performative are always strictly con-

  joined and that the acts of the sovereign are those in which gesture and word are

  immediately efficacious.

  7.8. The insignia of power did not exist only in the imperial age. There was

  an object in the Roman republic that sheds light on the peculiar nature of the

  insignia with particular force. It is the fasces lictoriae, to which curiously neither Alföldi nor Schramm refer. Their history, which begins with the monarchy,

  reaches its apogee in the republican era and continues into the imperial era,

  although increasingly obscured. It is well known that, like the laudes regiae, they were provisionally resurrected in the twentieth century. The fasces were elm or

  birch rods about 130 centimeters in length, bound together with a red strap into

  which an axe was inserted laterally. They were assigned to a special corporation,

  half apparitores and half executioners, called lictores, who wore the fasces on their left shoulder. In the republic, the period about which we have most information,

  the fasces were the prerogative of the consul and the magistrate who had imperium. The lictors, twelve in number, had to accompany the magistrate on every occasion, not just on public occasions. When the consul was at home, the lictors

  waited in the vestibule; if he went out, even if only to the spa or the theater, they

  invariably accompanied him.

  To define the fasces as the “symbol of imperium,” as has sometimes been the

  case, tells us nothing about their nature or their specific function. So little does

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  the word symbol characterize them that they in fact served to actually inflict capital punishment in its two forms: flogging (the rods) and decapitation (the axe).

  Thus we begin to understand the nature of the fasces only when we examine in

  detail the manner in which they were linked to the imperium. It immediately

  defines the nature and the effectiveness of the imperium. If, depending on the

  specific circumstance, a consul did not exercise his imperium, he lost his right

  to the fasces. (In 19 bc the senate conferred on Augustus, who at that time was

  without consular imperium, the right to the fasces; this marked the beginning

  of an involution that would be fully achieved only in the imperial age.) What

  is particularly significant is the circumstance that the axe was to be removed

  from the fasces of the magistrate when he found himself within the pomerium,

  because here the ius necis inhering in the imperium was limited by the right belonging to each Roman citizen to appeal to the people against the death penalty.

  For the same reason, the magistrate had to lower the fasces before the popular

  assemblies.

  The fasces do not symbolize the imperium; they execute and determine it in

  such a way that to each of its juridical articulations there corresponds a material

  articulation of the fasces, and vice versa. For this reason, fasces attollere signifies the magistrate’s entering office, just as the breaking open of the fasces corresponds to his dismissal. This connection between the fasces and the imperium

  was so immediate and absolute that no one could stand between a magistrate

  and his lictor (except for a prepubescent son who, according to Roman law, was

  already subjected to the ius necisque potestas of the father). For the same reason, in some sense the lictor was without an existence of his own: not only did his

  garments conform to that of the magistrate he accompanied (military sagum

  outside the pomerium, a toga within the walls), but the very term “lictor” is

  synonymous with “fasces.”

  Particularly instructive is the relationship between the fasces and a phenom-

  enon that had a decisive significance for the formation of imperial power. We

  are speaking of the case of the triumph, whose relation to acclamations we have

  already noted. The ban on the magistrate’s being able to display the fasces with the

  axe inside Rome had two important exceptions: the dictator and the triumphant

  general. This means that triumph implies an indetermination of the difference

  domi­militiae, which from the standpoint of public law distinguishes the territory of the city from that of Italy and the provinces. We know that the magistrate who

  had asked for the triumph to be accorded him had to wait for the decision of the

  senate outside the pomerium, in the Campo Martius; otherwise he would forever

  forfeit the right to the triumph, which was due only to the victorious general

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  who effectively possessed imperium, that is, who was accompanied by the fasces.

  Fasces and imperium once again demonstrate here their consubstantiality. At the
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  same time, the triumph is revealed to be the seed from which imperial power will

  develop. If the triumph can be technically defined as the extension within the

  pomerium of prerogatives belonging to the imperator that are only valid outside it, the new imperial power will be defined precisely as the extension and fixing of

  the triumphal right in a new figure. Moreover, if, as in Mommsen’s penetrating

  formulation, the centralization of the imperium in the hands of the prince trans-

  forms the triumph into a right reserved for the emperor ( kaiserliches Reservatrecht: Mommsen, vol. 1, p. 135), conversely, the emperor may be defined as the one who

  has the monopoly on triumph and who permanently possesses its insignias and

  prerogatives. One phenomenon, the ius triumphi, which is usually analyzed as if it concerned merely the formal apparatus and pomp of power, instead shows itself to

  be the original juridical core of an essential transformation of Roman public law.

  What appeared to be merely a question of clothing and splendor (the purple gown

  of the triumphant general, the crown of laurels that encircles his brow, the axe as a

  symbol of the power of life and death) becomes the key to understanding the deci-

  sive transformations of the constitution. Thus the way is cleared for a more precise

  understanding of the meaning and nature of the insignia and of the acclamations

  and, more generally, of the sphere that we have defined with the term “glory.”

  7.9. In the first half of the tenth century, Constantine VII Porphyrogenitus

  gathered in an ample treatise the traditions and prescriptions relating to the impe-

  rial ceremony ( basileios taxis). In the introduction, Constantine presents his task as the “most intimate and desirable, because through a praiseworthy ceremony,

  imperial power appears better ordered and majestic” (Constantine Porphyrogen-

  itus, Le livre des cérémonies, I, p. 1). It is clear, however, from the beginning, that the end of this gigantic choreography of power is not merely aesthetic. The

  emperor writes that it is a case of placing at the heart of the royal palace a kind

  of optical device, a “clear and well-polished mirror, so that, in carefully contem-

  plating the image of imperial power in it [ . . . ] it is possible to hold its reins

  with order and dignity” (ibid., I, p. 2). Never has the ceremonial folly of power

  reached such an obsessive liturgical scrupulousness as it does in these pages. There

  is not a gesture, garment, ornament, word, silence, or place that is not ritually

  fixed or meticulously catalogued. The incipit of the chapters announces, for each one, what “must be observed” ( hosa dei paraphylattein) for this or the other occasion, what must be “known” ( isteon), and what acclamations ( aktalogia) are to be expressed for each festival, procession, and assembly. An infinite hierarchy of

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  functionaries and other people involved in the various tasks, divided into the two

  great classes of the “bearded ones” and the “eunuchs,” watches over the protocol

  to ensure that it is observed at every moment. The ostiarii announce the entrance of the dignitaries, and the silentiaries regulate the silences and the euphemias

  before the sovereign; the manglavites and the members of the Hetaireia escort

  him during the solemn processions; dieticians and dressers ( bestētores) provide

  personal care; and the cartularies and the prothonotaries follow its signatures and

  the chancellory. Emperor Constantine’s opening description of the coronation

  ceremony reads as follows:

  When all is ready, the emperor departs the Augusteion, wearing his skaramangion and purple sagion, escorted by his personal staff, and proceeds as far as the vestibule called Onopodion; here he receives the first homage of the patricians.

  The Master of Ceremonies says: “Acclaim [ Keleusate]!” and they exclaim: “Many

  good years [ Eis pollous kai agathous chronous]!” Then they all proceed down as far as the great Konsistorion, and within the Konsistorion the consuls and the rest of

  the senators assemble. The sovereigns stand in the kiborion, while all the senators together with the patricians prostrate themselves. As they rise, the sovereigns

  give a sign to the Praipositos of the Sacred Cubicle and the silentiaries intone:

  “Acclaim!” and they wish him “Many good years!” And then the group of sover-

  eigns moves toward the cathedral, passing through the Scholae, and the factions,

  properly attired, are standing in their assigned places, making the sign of the cross.

  And when the emperor has entered the Horologion, the curtain is raised and he

  goes into the mētatōrion; he changes into the divītīsion and the tzitzakion, and throws over them the sagion; then he enters with the patriarch. He lights candles

  on the silver doors, walks through the central nave, and he proceeds to the sōlea; he prays before the holy gates, and, having lit other candles, he ascends the ambo

  together with the patriarch. The patriarch recites a prayer over the mantle, and,

  when he is finished, the servants of that room take up the mantle and dress the

  sovereign up with it. The patriarch recites a prayer over the sovereign’s crown,

  and, when the prayer is complete, he takes in his hands the crown [ stemma] and

  places it on the head of the emperor, and immediately the people [ laos] thrice

  cry out with the acclamation [ anakrazei] “Holy, Holy, Holy [ Hagios, Hagios,

  Hagios]! Glory in the heavens [ Doxa en hypsistois] to God and peace on earth!”

  And other people cry out: “Many years to the emperor [ autokratoros] and to the

  great king!” and what follows. Wearing the crown he goes down and enters the

  mētatōrion and sits on the royal seat [ sellion], and the dignitaries [ ta axiōmata]

  enter, prostrating themselves and kissing his knees. First come the magistrates.

  Second the patricians and generals; third the swordbearers [ protospathari]; fourth the logothete, the domestikos of the excubitors, of the hikanatoi and of the numbers

  [ noumeroi], the senatorial swordbearers [ spatharioi], and the consuls. Fifth come

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  HOMO SACER II, 4

  the swordbearers; sixth the squires; seventh the counts [ komētes] of the Scholae;

  eighth the Candidates of the cavalry; ninth the scribes [ skribōnoi] and domes-

  tics; tenth the secretaries, the dressers, and the silentiaries; eleventh the imperial

  mandatores and candidates of the infantry; twelfth the counts of the arithmos, of the hikanatoi, the tribunes and counts of the fleet.

  To all the Praipositos says: “Acclaim!” and they exclaim “Many happy years!”

  [ . . . ] (Ibid., I, p. 47)

  7.10. It is hardly necessary to underline the central role that acclamations

  play in imperial ceremonies and liturgy. In Constantine’s treatise, insofar as they

  constitute an essential part of every ceremony, they, when not undertaken by the

  master of ceremonies or by the silentiaries, are entrusted to the special function-

  aries called the kraktai (literally, the “shriekers”) who, acting like chief claques (or, rather, like the presbyters who start to sing the psalmody in the liturgical

  celebration), articulate them along with the people in the guise of responses. So,

  in the procession for Christ’s birth, at the moment when the sovereigns arrive

  at the Lychni

  [ . . . ] the kraktai cry: “Polla, polla, polla [Many, many, many (‘years’: is implied)],”

  and the people [ laos] reply “Polla etē, eis po
lla [Many years and many more].” And once again the kraktai: “Many years [ chronoi] for you divine sovereign”; and the people thrice cry: “Many years to you.” Then the kraktai: “Many years to you,

  attendants of the Lord,” and the people call out three times: “Many years to you.”

  Then the kraktai cry: “Many years to [such-and-such] autocrat of the Romans”;

  and for three times the people reply: “Many years to you.” The kraktai: “Many

  years to you [such-and-such] august dignitary of the Romans,” and thrice the

  people reply: “Many years to you” [ . . . ] (Ibid., I, 2, p. 30)

  What is significant, if at first disconcerting, is that the same ritualizing of accla-

  mations takes place for the horse racing in the hippodrome. The shriekers cry

  out here as well: “Many many many” and the people reply, just as they do in

  the Christmas ceremony: “Many years, and many more,” substituting the name

  of the race winner for that of the emperor. In Byzantium, beginning already in

  the Justinian era, the two factions into which the spectators are divided in the

  hippodrome, the Blues and Greens, have a strong political character and even

  constitute, so to speak, the only form of political expression left to the people.

  Therefore, it is not surprising that sporting acclamations are invested with the

  same process of ritualization that defines the acclamations of the emperors.

  Under Justinian’s rule there was even an uprising that shook the city for almost

  a week, which had as its slogan a sporting acclamation ( nika, “win!”; exactly as

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  today, in Italy, an important political faction draws its name from an acclama-

  tion heard in the stadiums).*

  Alföldi shows that to these acclamations in Byzantine hippodromes there

  correspond, in even earlier times, analogous acclamations in Rome, which

  sources describe to us in detail. Despite involving thousands of men applauding,

  these acclamations did not occur by chance, but were, in the words of an atten-

  tive witness such as Cassius Dio, “a chorus that was accurately prepared [ hōsper

  tis akribōs choros dedidagmenos]” (Alföldi, p. 81). It is with acclamations of the same type that the crowds in the stadiums will later turn to the emperor and

 

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