The Omnibus Homo Sacer

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by Giorgio Agamben


  up to the Contract social. Rousseau did not invent these notions but drew them

  from theological debates on grace where, as we have seen, they had a strategic

  function in the conception of the providential government of the world. Riley

  demonstrates that the general will in Rousseau can be defined without any doubt

  as a secularization of the corresponding category in Malebranche and that, more

  generally, French theological thought, from Arnaud to Pascal, from Malebranche

  to Fénelon, has left substantial traces in all of Rousseau’s work. But to what extent

  this might also determine the displacement of an entire theological paradigm into

  a political dimension is something that remains outside Riley’s study. That the

  transfer of a notion from the field of theology to the field of politics might imply

  some unexpected consequences and, hence, something like an “unforgivable

  omission,” in the case of Rousseau, was not lost on Alberto Postigliola (Postigliola,

  p. 224). But he limits himself to showing that the notion of “general will” in Male-

  branche is synonymous with the divine attribute of infinity, which renders prob-

  lematic, if not contradictory, its shift into the profane sphere of Rousseau’s city in

  which the generality can only be finite. We will attempt to show instead that with

  the notions of volonté générale and volonté particulière the entire governmental machine of providence is transferred from the theological to the political sphere,

  thereby compromising not only some points of Rousseau’s économie publique, but

  giving it its fundamental structure; that is to say, the relationship between sover-

  eignty and government, law and executive power. Through the Social Contract the

  republican tradition inherited without reservations a theological paradigm and a

  governmental machine of which it is still far from becoming conscious.

  1.6. In the course of the 1977–1978 lectures Securité, territoire, population,

  Foucault defined in a few, extremely dense lines, the fundamental structure of

  Rousseau’s political project (Foucault, pp. 106–108). He seeks here to demon-

  strate that the problem of sovereignty did not leave the stage at the moment the

  art of government came to the fore in European politics. On the contrary, never

  is it posed with such urgency as it is at this time: although up until the seven-

  teenth century one limited oneself to deducing a paradigm of government from

  the theory of sovereignty, it then became an inverse process; given the growing

  primacy of the arts of government, it became a case of discovering the juridical

  form and theory of sovereignty that were able to sustain and found this primacy.

  It is at this stage that he illustrates his thesis via a reading of Rousseau and, in

  particular, of the relationship between the 1775 article on “Political Economy”

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  in the Encyclopedia and the Social Contract. The problem with the article lies, according to Foucault, in the definition of an “economy” or an art of government that is no longer modeled on the family, but that has the common aim of

  governing in the best possible way and with maximum efficacy in order to make

  men happy. When Rousseau writes the Social Contract, the problem will instead

  be precisely that of

  how, with notions like those of “nature,” “contract,” and “general will,” one can

  give a general principle of government that will allow for both the juridical prin-

  ciple of sovereignty and the elements through which an art of government can

  be defined and described [ . . . ] The problem of sovereignty is not eliminated;

  on the contrary, it is made more acute than ever. (Foucault, p. 107)

  Let us attempt to advance Foucault’s analysis in light of the results of our investi-

  gation. To begin with, he has come as close as he possibly can to the intuition of

  the bipolar character of the governmental machine, although the methodologi-

  cal decision to set aside the analysis of the juridical universals prevents him from

  articulating it fully. Rousseau’s theory of sovereignty is certainly a function of a

  theory of government (or of “public economy,” as he sometimes defines it); but

  the correlation between the two elements is, in Rousseau, still more intimate and

  tight than it appears in Foucault’s brief analysis and is entirely founded upon the

  theological model that he adopts from Malebranche and the French theorists of

  providence.

  What is decisive from this point of view is the distinction and articulation of

  sovereignty and government, which is at the basis of Rousseau’s political thought.

  “I urge my readers also,” he writes in his article on the Economie politique, “to

  distinguish carefully public economy, about which I am to speak, and which I call

  government, from the supreme authority, which I call sovereignty—a distinction that consists in the one having the legislative right and in certain cases obligating the body of the nation itself, while the other has only the executive power

  and can obligate only private individuals” (Rousseau 1992, p. 142). In the Social

  Contract the distinction is restated as the articulation between general will and legislative power on the one hand, and government and executive power on the

  other. That for Rousseau the distinction has a strategic relevance is proved by the

  fact that he forcefully denies that it is a case of division and presents it instead as

  an internal articulation of one indivisible supreme power:

  For the same reason that sovereignty is inalienable it is indivisible; for the will

  is either general, or it is not; it is either that of the body of the people, or that

  of only a part of it. In the first case, this declared will is an act of sovereignty

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  and constitutes law; in the second case, it is only a particular will, or an act of

  magistracy—it is at most a decree. But our politicians, being unable to divide

  sovereignty in its principle, divide it in its object. They divide it into force and

  will, into legislative power and executive power; into rights of taxation, of jus-

  tice, and of war; into internal administration and foreign relations—sometimes

  conflating all of these branches, and sometimes separating them. They make the

  sovereign into a fantastic being, formed of disparate parts; it is as if they created

  a man from several different bodies, one with eyes, another with arms, another

  with feet, and nothing else. The Japanese conjurors, it is said, cut up a child

  before the eyes of the spectators; then throwing all its limbs into the air, they

  make the child come down again alive and whole. Such almost are the jugglers’

  tricks of our politicians; after dismembering the social body, by magic worthy of

  the circus, they recombine its parts, in any unlikely way. This error arises from

  their not having formed clear ideas about the sovereign authority, and from

  their regarding as elements of this authority what are only emanations from it.

  (Rousseau 2002, p. 171)

  In the same way as in the paradigm of providence, general providence and spe-

  cial providence do not stand in contrast with each other nor do they represent a

  division within the one divine will; and, as in Malebranche, the occasional causes

  are n
othing but the particular actualization of God’s general will, so in Rousseau,

  the government, or executive power, claims to coincide with the sovereignty of

  law from which it nevertheless distinguishes itself as its particular emanation and

  actualization. The concept of emanation, utilized by Rousseau, has not failed to

  surprise his commentators; but the choice of term is all the more significant if

  one returns it to its original context, which is that of the emanative causes of

  Neoplatonism, which were incorporated into the theory of creation and prov-

  idence through the work of Boethius, Johannes Scotus Eriugena, the Liber de

  causis, and Jewish theology. Precisely because of this origin, in Rousseau’s time

  the term did not have a good press. In the article by Diderot, “Kabbalah,” in the

  Encyclopaedia, the emanative paradigm was defined as the “axis around which

  the entire philosophical Kabbalah and system of emanations turn, according to

  which it is necessary that all things emanate from the divine essence.” And even

  more critical judgments could be found in the entry “Emanation,” which, hav-

  ing restated the link with the Kabbalah, warned that “this theory leads straight

  to pantheism.” Introducing the term at a delicate point in his system, Rousseau

  must have calculated the implications of his choice. This did not hark back to

  the Kabbalah but to Christian theology, in which the term referred first to the

  procession of persons in the Trinitarian economy (until the seventeenth century

  this was, in fact, the only meaning of the French term émanation) and to the

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  theory of causes in the creationist and providential paradigm. In this context,

  the term implied that the divine principle has not been diminished nor is it

  divided by its Trinitarian articulation and by its activity of creation and conser-

  vation of the world. It is in this sense that Rousseau uses the term; in order to

  exclude, in contrast to those thinkers whom he ironically calls les politiques, that sovereignty is in some way divisible. And yet, just as in the case of the Trinitarian

  economy and in the theory of providence, what cannot be divided is articulated

  through the distinctions sovereign power/government, general will/particular will,

  legislative power/executive power, which mark within it a series of caesurae that

  Rousseau tries carefully to minimize.

  1.7. Through these distinctions the entire economic-providential apparatus

  (with its polarities ordinatio/executio, providence/fate, Kingdom/Government) is

  passed on as an unquestioned inheritance to modern politics. What was needed

  to assure the unity of being and divine action, reconciling the unity of substance

  with the trinity of persons and the government of particulars with the universality

  of providence, has here the strategic function of reconciling the sovereignty and

  generality of the law with the public economy and the effective government of in-

  dividuals. The most nefarious consequence of this theological apparatus dressed

  up as political legitimation is that it has rendered the democratic tradition inca-

  pable of thinking government and its economy (today one would instead write:

  economy and its government, but the two terms are substantially synonymous).

  On the one hand, Rousseau conceives of government as the essential political

  problem; on the other hand, he minimizes the problem of its nature and its

  foundation, reducing it to the activity of the execution of sovereign authority.

  The ambiguity that seems to settle the problem of government by presenting it

  as the mere execution of a general will and law has weighed negatively not only

  upon the theory, but also upon the history of modern democracy. For this history

  is nothing but the progressive coming to light of the substantial untruth of the

  primacy of legislative power and the consequent irreducibility of government to

  mere execution. And if today we are witnessing the government and the econo-

  my’s overwhelming domination of a popular sovereignty emptied of all meaning,

  this perhaps signifies that Occidental democracies are paying the political price of

  a theological inheritance that they had unwittingly assumed through Rousseau.

  The ambiguity that consists in conceiving government as executive power

  is an error with some of the most far-reaching consequences in the history of

  Western political thought. It has meant that modern political thought becomes

  lost in abstractions and vacuous mythologems such as the Law, the general will,

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  and popular sovereignty, and has failed to confront the decisive political prob-

  lem. What our investigation has shown is that the real problem, the central mystery

  of politics is not sovereignty, but government; it is not God, but the angel; it is not the king, but ministry; it is not the law, but the police—that is to say, the governmental machine that they form and support.

  א The two sovereignties, the dynastic and the popular-democratic, refer to two

  completely different genealogies. The dynastic sovereignty of divine right is derived

  from the theological-political paradigm; the popular-democratic is derived from the

  theological-economic-providential paradigm.

  א Rousseau does not hide the fact that the fundamental articulations of his political

  system derive from a theological paradigm. In the article on Political Economy, he affirms that the principal difficulty of the system that he proposes is that of reconciling “public freedom and the government’s authority” (Rousseau 1992, p. 145). This difficulty has been

  removed, writes Rousseau, by the “most sublime of all human institutions, or rather by

  a divine inspiration, which teaches mankind to imitate here below the unchangeable de-

  crees of the Deity” (ibid.). In other words, the sovereignty of the law, to which Rousseau refers, imitates and reproduces the structure of the providential government of the world.

  Just as in Malebranche, for Rousseau the general will, the law, subjugates men only in

  order to make them freer, and in immutably governing their actions does nothing but

  express their nature. And just as in letting oneself be governed by God they do nothing

  but let their own nature take its course, so the indivisible sovereignty of the Law guarantees the coincidence of the governing and the governed.

  The agreement with Malebranche’s thought also appears forcefully in the third Letter

  from the Mountain in relation to the critique of miracles. Rousseau closely connects the

  miracle with the exception (it is “a real and visible exception to [God’s] Laws”: Rousseau 2001, p. 173) and firmly criticizes the necessity of miracles to faith and revelation. In

  question is not so much whether God “can” carry out miracles, so much as—through

  a perhaps conscious return to the distinction between absolute power and ordering

  power—whether God “wants” to do so (ibid.). It is interesting to observe that Rousseau,

  despite denying the necessity of miracles, does not exclude them entirely, but conceives

  them as exceptions. Schmitt’s theory, which sees in miracles the theological paradigm of

  the state of exception (Schmitt 2005, p. 49), finds its confirmation here.

  2. The Invisible Hand

  2.1. The term oikonomia disappears from the theological language of the
/>
  West in the course of the Middle Ages. Certainly, its equivalents dispositio and

  dispensatio continue to be used, but they progressively lose their technical meaning and merely designate in a generic way the divine activity of the government

  of the world. The humanists and erudite scholars of the seventeenth century are

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  not ignorant of the theological meaning of the Greek term, which is defined

  with sufficient clarity in Étienne Chauvin’s and Johann Kaspar Suicer’s lexicons

  (1682, particularly in the meaning of the “incarnation of the word of God”)

  and in the theological compendia such as Petavius’s De theologicis dogmatibus

  (1644–1650). However, when in the course of the eighteenth century, the term

  reappears in the Latinate form oeconomia and especially in its equivalents in

  other European languages with the meaning that is familiar to us: “activity of

  management and government of things and people,” it appears to spring, as it

  were, ex novo already formed in the heads of the philosophes and the économistes, without any essential relation either to classical economics or to its theological

  past. It is well known that the economics of the moderns is not derived from

  Aristotelian economics, nor from the medieval treatises of Oeconomica that refer

  to it, and even less to the moralizing tradition of works such as Menius’s Oeconomia christiana (Wittenberg, 1529) or Battus’s (Antwerp, 1558), which have as their object the behavior of the Christian family. But the more or less subterranean

  connections that might link the economics of the moderns to the paradigm of

  the theological oikonomia and the divine government of the world have been left

  almost entirely unexplored. It is not our intention to reconstruct the specifics of

  these links, but it seems clear that a genealogical inquiry into economics could

  usefully focus on the relation to the theological paradigm, whose essential traits

  we have sought to delineate. We will merely give a few summary indications here

  that others might wish to complete.

  2.2. In 1749 Linneaus publishes in Uppsala his Specimen academicum de oeconomia naturae. Given the strategic function that the syntagma “economy of nature” will perform in the birth of modern economics, it is worthwhile dwelling

 

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