The Omnibus Homo Sacer

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The Omnibus Homo Sacer Page 104

by Giorgio Agamben


  and renew its presence (which Cabasilas calls “signification,” sēmasia: Cabasilas, 130). On the one hand, in the words of the encyclical Mediator Dei, with which

  the modern Church, in a crucial moment of its history, sought to restore vitality

  to the liturgical tradition, the “objective” element of the liturgy, the “mysterium

  of the mystical body,” whose operator is grace, which is manifested in the charis-

  mas and acts in the sacraments ex opere operato (through the simple completion

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  of a certain action); on the other, the “subjective” element of the cult provided

  by the participation of the faithful, ex opere operantis Ecclesiae (§27; cf. Braga and Bugnini, 574–75).

  The insistence with which the encyclical Mediator Dei attempts to negate

  and almost to exorcise the contradiction between “the action of God” and “the

  collaboration of man,” between the efficacy of “the external administration of

  the sacraments, which comes from the rite itself ( ex opere operato)” and “the

  meritorious action of their ministers of recipients, which we call the agent’s ac-

  tion ( opus operantis),” between “the ascetical life and devotion to the liturgy”

  (§36; cf. Braga and Bugnini, 578), betrays a difficulty that the Church has never

  succeeded in fully unraveling.

  What defines the Christian liturgy is precisely the aporetic but always reit-

  erated attempt to identify and articulate at the same time in the liturgical act—

  understood as opus Dei—mystery and ministry, that is, of making the liturgy as

  effective soteriological act and liturgy as the clergy’s service to the community,

  opus operatum and opus opertantis Ecclesiae, coincide.

  א It is customary, based on the authority of Du Cange, to attribute the creation of the

  syntagma opus Dei to the Benedictine rule, where it appears multiple times to designate the liturgical office. In truth, the compiler of the rule depends in this case as well on his principal source, the Regula magistri. The concordance of Vogüé’s edition registers around thirty occurrences for the expression opus Dei and shows, moreover, that already in the first quarter of the sixth century (when, according to Vogüé, the Regula Dei would have been composed) the syntagma had become a technical term for the monastic office. If it is a matter of an invention on the part of the author of the rule, it could derive from his definition of the monastery as officina divinae artis ( Officina vero monasterium est, in qua ferramenta cordis in corporis clausura reposita opus divinae artis diligenti custodia perseverando operari potest [The workshop is the monastery, where the instruments of the heart are kept in the enclosure of the body, and the work of the divine art can be accomplished with assiduous

  care and perseverance]; Vogüé, 1:380/119). According to the correspondence between lit-

  urgy and trinitary economy that we have evoked, the origin of the expression is with all

  likelihood to be sought in the definition of Christ as prumum opus Dei, which one finds, for example, in an Arian text, the letter of Candidus to Marius Victorinus on the divine

  generation (mid-fourth century): Dei filius, qui est logos apud Deum, Jesus Christus, per quem effecta sunt omnia et sine quo nihil factum est, neque generatione a Deo, sed operatione a Deo, est primum opus et principale Dei (“the Son of God, who is the ‘ Logos with God,’

  Jesus Christ, ‘through whom all things were made and without whom nothing was made,’

  is, not by God’s begetting but by God’s operation, the first and original effect of God”; in Victorinus, 122/55). In any case the syntagma opus Dei, which extended its effectiveness well beyond monasticism, acquires its proper sense in the context of the liturgy, conceived as the place in which mystery and ministry, priestly service and community obligation

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  tend to coincide. When the syntagma is today associated with a powerful Catholic or-

  ganization, founded in 1928 by Josemaría Escrivá de Balaguer, one must not forget that

  their choice of the name is perfectly coherent with this premise.

  10. The distinction between opus operatum and opus operantis in the encyclical Mediator Dei comes from the scholastic tradition and found its sanction in

  the Council of Trent (session VII, canon 8, Denzinger 851): “If any one saith, that by the said sacraments of the New Law grace is not conferred through the act

  performed [ ex opere operato], but that faith alone in the divine promise suffices

  for the obtaining of grace; let him be anathema.”

  In this formulation is expressed a principle that constitutively defines the li-

  turgical praxis of the Church: the independence of the objective effectiveness and

  validity of the sacrament from the subject who concretely administers it. Opus

  operatum thus designates the sacramental act in its effective reality, opus operantis (the oldest formulation is actually opus operans) designates the action insofar as it is carried out by the agent and is qualified by his moral and physical dispositions.

  The origin of the distinction goes back to the disputes over the validity of

  baptism that divided the Church between the third and fourth century. The

  salient moments here are the controversy between Cyprian and Pope Stephen in

  256 and that between Augustine and the Donatists between 396 and 410. In both

  cases it is a matter of affirming, against Cyprian and the Donatists, the validity

  of baptism conferred by a heretic or by an unworthy minister, that is, of securing

  the objective validity of the sacrament and the priestly action beyond any subjec-

  tive conditions that could render them null or ineffective. Just as those who were

  baptized by Judas, writes Augustine, did not have to be baptized again, since

  it is Christ who baptized them, “In like manner, then, they whom a drunkard

  baptized, those whom a murderer baptized, those whom an adulterer baptized,

  if it was the baptism of Christ, were baptized by Christ” ( In Evangelium Johannis

  Tractatus 5.18). As happens in every institution, it is a matter of distinguishing the individual from the function he exercises, so as to secure the validity of the

  acts that he carries out in the name of the institution.

  In Aquinas the doctrine of the efficacy of the sacraments ex opere operato is

  already fully elaborated. He first of all distinguishes the sacraments of the Hebrew

  law, which “did not have effectiveness ex opere operato, but only through faith,”

  from those of the new law, “which confer grace ex opere operato” (Thomas Aqui-

  nas, Scriptum super Sententiis 92). In the treatise on the sacraments in the Summa theologica (III, qq. 60–65), the neutralization of the opus operantis and the subjective condition is developed through the doctrine of the priest as instrumental

  cause of an act whose primary agent is Christ himself. And, as “the instrumental

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  cause works not by the power of its form, but only by the motion whereby it is

  moved by the principal agent” (q. 62, art. 1), so “the ministers of the Church work

  instrumentally in the sacraments, because, in a way, a minister is of the nature of

  an instrument” (q. 64, art. 5). For this reason, insofar as the minister is a sort of

  “animate instrument” (q. 64, art. 8) of an operation whose agent is Christ, not

  only is it not necessary that he have faith or love, but even a perverse intention (for

  example, baptizing a woman with the intention of taking advantage of her) does

  not take away the validity of the sacrament. In virtue of
the effectiveness ex opere

  operato and not ex opere operantis, in fact “the perverse intention of the minister perverts the sacrament insofar as it is his action: not insofar as it is the action of

  Christ, whose minister he is” (q. 64, art. 10, sol. 3).

  א Grundmann has observed that the early and clear formulation of the doctrine of

  the opus operatum that is found already in Innocent III’s De sacro altaris mysterio can be considered as a response to the polemics of the spiritual movements, like the Waldensians, who called into question the validity of the sacrament imparted by unworthy priests

  (Grundmann, 519/413n50). “In the sacrament of the body of Christ nothing more is ac-

  complished by a good priest, and nothing less by a bad priest . . . because it is confected not through the merit of the priest, but through the word of the Creator. Therefore the sin of the priest does not impede the effect of the sacrament, just as the sickness of the doctor does not corrupt the power of the medicine. Therefore, although the one doing the work

  is sometimes unclean, nevertheless the work done is always clean.” ( In sacramento corporis Christi nihil a bono maius, nihil a malo minus perficitur sacerdote . . . quia non inmerito sacerdotis, sed in verbo conficitur creatoris. Non ergo sacerdotis iniquitas effectum impedit sacramenti, sicut nec infirmitas medici virtutem medicinae corrumpit. Quamvis igitur opus operans aliquando sit immundum, semper tamen opus operatum est mundum; Innocent III, De sacro altaris mysterio, bk. 3, chap. 5.)

  11. Modern treatises on the sacraments attribute the first formulation of the

  doctrine of the opus operatum in a generic way to the Sentences of Peter of Poitiers, a twelfth-century theologian who, owing to his subtlety, was aligned with Peter

  Abelard, Gilbert of Poitier, and Peter Lombard among the “labyrinths of France.”

  A survey of the two passages of the work in which the distinction appears will

  prove particularly instructive. The first articulation of the doctrine does not, in

  fact, have to do with the theory of the sacraments but that of the action of de-

  mons. “And the devil,” writes Peter in his labyrinthine style,

  serves God and God approves the works that he has done, but not the way in

  which he has done them [ opera eius quae operatur, non quibus operatur]: the works

  done, as one is accustomed to saying, not the doing of the works [ opera operata,

  ut dici solet, non opera operantia], which are all evil, since they do not proceed

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  from charity. So God approved of the passion of Christ carried out by the Jews,

  insofar as it was the Jews’ work done [ opus iudaeorum operatum], but did not

  approve the Jews’ doing of the work [ opera iudaeorum operantia] and the actions

  by which they worked that passion. God is offended by the devil’s action, but

  not by the act itself; God does not want the devil to do that which God com-

  mands him to do in the way he does it. If one reads in the Scriptures that God

  commands the devil to do something, as is said for example in the Book of Kings

  (chap. 22) of the deception of Ahab . . . this must not be understood to mean

  that he commands it as he wants it. Rather, if he wants him to do it, he does

  not, however, want him to do it as he does it. Even if the devil does what God

  wants, he does not do it as God wants and for that reason, he is always sinning.

  (Peter of Poitiers, Sententiae 1.16)

  One can understand why in the modern treatises the attribution of the doctrine

  of the opus operatum to Peter of Poitiers must necessarily remain generic. That

  the first formulation of the distinction that would furnish the paradigm of the

  sacramental paradigm of the priest was conceived to define the action of the devil

  within the providential economy cannot fail to appear embarrassing for histori-

  ans of theology. It is only in book 5, in fact, in connection with the effectiveness

  of baptism, that Peter moves the distinction into the sphere of the theory of the

  sacraments:

  When someone is baptized, it is by the authority of someone: either Christ or the

  priest. If it is by the authority of the priest and not by the baptism of Christ, then

  it is the priest who remits the sins. . . . [The purification] is the work of someone,

  either the one baptizing or the one being baptized. If it is the work of the one

  baptizing and it is by virtue of charity, then the merit of the baptism belongs

  to the one baptizing. In the same way he has the merit of the baptismal action

  [ baptizatione], in the sense in which baptizatio is called the action by which he baptizes, which is a different work from baptism [ baptismus], since it is a doing

  of a work [ opus operans], while baptism is a work done [ opus operatum], if one can say so. (Peter of Poitiers, Sententiae 5.6)

  א It is important to note that both Peter of Poitiers and Innocent III speak of opus

  operans and not of opus operantis, as later theologians do. The distinction—in which, as we will see, its novelty consists—does not, that is to say, divide only the subject of the action but also the action itself, considered in one moment as the work of an agent and

  in another in itself, that is, in its effectiveness.

  12. The stakes in the strategy that leads to distinguishing the opus operatum

  from the opus operans are clear at this point. It is a matter of separating, in an action, its effective reality from the subject who carries it out (though he cannot,

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  for that reason, be exonerated from all responsibility for it) as much as from the

  process through which it is accomplished. Let us reflect on the singular status

  that thus comes to belong to the priestly action. It is split in two: on the one

  hand, the opus operatum, that is, the effects that derive from it and the function that it carries out in the divine economy; on the other, the opus operans (or

  operantis), that is, the subjective dispositions and modalities through which the

  agent calls the action into being. The liturgy as opus Dei is the effectiveness that results from the articulation of these two distinct and yet conspiring elements.

  In this sense the ethical connection between the subject and his action is bro-

  ken: what is determinative is no longer the right intention of the agent but only

  the function that his action carries out as opus Dei. Just as the demon’s action as opus operatum is carried out in the service of God even if it remains evil as opus operantis, so the liturgical action of the priest is effective as opus Dei even if the unworthy priest is committing a sin. The liturgy thus defines a peculiar sphere

  of action, in which the mystery paradigm of the Letter to the Hebrews (Christ

  the high priest’s opus operatum) and the ministerial paradigm of the letter of

  Clement (the opus operantis Ecclesiae) coincide and are at the same time distin-

  guished. This can happen, however, only at the price of dividing and emptying

  of its personal content the action of the priest, who, as the “animate instrument”

  of a mystery that transcends him, exercises an action that is still in some sense his

  own. In this sense, if on the one hand (with respect to the mystery and the opus

  operatum) he is not a subject but an instrument who in Aquinas’s words does not

  act “by the power of its form,” on the other hand (with respect to his ministry)

  he maintains his specific action, just as the axe, in Aquinas’s example, “does not

  accomplish the instrumental action save by exercising its proper action, that is,

 
by cutting” ( Summa theologiae III, q. 62, art. 1). The priest as animate instrument is that paradoxical subject who fulfills the “ministry of the mystery. ” Insofar as in him the opus operantis can coincide with the opus operatum only on condition of being distinguished from it and can be distinguished from it only on condition

  of disappearing into it, one can say that (in the terminology of speech acts) its

  felicity is its infelicity and its infelicity is its felicity.

  א It is significant that the 1947 encyclical Mediator Dei devotes special attention to the problem of the distinction between opus operatum and opus operantis Ecclesiae and seeks in every way to minimize the problem of the gap ( discrepantia) that persists between them. “In the spiritual life,” reads the text, “there can be no opposition or discrepancy

  [ discrepantia vel repugnantia] between the action of God, who pours forth His grace into men’s hearts so that the work of the redemption may always abide, and the tireless work

  and collaboration of human beings [ sociam laboriosamque hominis operam], who must

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  not render vain the gift of God. No more can the efficacy of the external administration

  of the sacraments, which comes from the rite itself ( ex opere operato), be opposed to the meritorious action of their ministers of recipients, which we call the agent’s action ( opus operantis). Similarly, no conflict exists between public prayer and prayers in private, between morality and contemplation, between the ascetical life and devotion to the

  liturgy. Finally, there is no opposition between the jurisdiction and teaching office of the ecclesiastical hierarchy, and the specifically priestly power exercised in the sacred ministry”

  (§36; translation altered; cf. Braga and Bugnini, 578).

  Moreover, insofar as the text claims several times that, at least as concerns the sacra-

  ments, the effectiveness of the cult is produced “first of all and principally from the act itself ( ex opere operato)” (§27; cf. Braga and Bugnini, 574), it is not clear how one should understand the necessity of the opus operantis Ecclesiae that the encyclical is anxious to affirm.

 

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