The Omnibus Homo Sacer

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by Giorgio Agamben


  is thereby displaced onto an asemantic level that can no longer be that of propo-

  sitions. In truth, to take seriously the statement “I speak” is no longer to consider

  language as the communication of a meaning or a truth that originates in a

  responsible Subject. It is, rather, to conceive of discourse in its pure taking place

  and of the subject as “a nonexistence in whose emptiness the unending outpour-

  ing of language uninterruptedly continues” (Foucault 1998: 148). In language,

  enunciation marks a threshold between an inside and an outside, its taking place

  as pure exteriority; and once the principal referent of study becomes statements,

  the subject is stripped of all substance, becoming a pure function or pure posi-

  tion. The subject, Foucault writes, “is a particular, vacant place that may in fact

  be filled by different individuals. . . . If a proposition, a sentence, a group of signs

  can be called ‘statement,’ it is not therefore because, one day, someone happened

  to speak them or put them into some concrete form of writing; it is because the

  position of the subject can be assigned. To describe a formulation qua statement

  does not consist in analyzing the relations between the author and what he says

  (or wanted to say, or said without wanting to); but in determining what position

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  can and must be occupied by any individual if he is to be the subject of it” (Fou-

  cault 1972: 95–6).

  In the same year, Foucault undertakes his critique of the notion of the au-

  thor following these very same principles. His interest is not so much to note the

  author’s eclipse or to certify his death as to define the concept of the author as a

  simple specification of the subject-function whose necessity is anything but given:

  “We can easily imagine a culture where discourse would circulate without any

  need for an author. Discourses, whatever their status, form or value, and regardless

  of our manner of handling them, would unfold in the anonymity of a murmur”

  (Foucault 1998: 222, translation emended).

  4.3. In his understandable concern to define archeology’s terrain with respect

  to other knowledges and domains, Foucault appears to have neglected—at least to

  a certain point—to consider the ethical implications of his theory of statements.

  Only in his last works, after having effaced and depsychologized the author, after

  having identified something like an ethics immanent to writing already in the

  bracketing of the question “Who is speaking?,” did Foucault begin to reflect on the

  consequences that his desubjectification and decomposition of the author implied

  for the subject. It is thus possible to say, in Benveniste’s terms, that the metaseman-

  tics of disciplinary discourses ended by concealing the semantics of enunciation

  that had made it possible, and that the constitution of the system of statements

  as a positivity and historical a priori made it necessary to forget the erasure of the

  subject that was its presupposition. In this way, the just concern to do away with

  the false question “Who is speaking?” hindered the formulation of an entirely

  different and inevitable question: What happens in the living individual when he

  occupies the ‘vacant place’ of the subject, when he enters into a process of enunci-

  ation and discovers that “our reason is the difference of discourses, our history the

  difference of times, ourselves the difference of masks?” (Foucault 1972: 131). That

  is, once again, what does it mean to be subject to desubjectification? How can a

  subject give an account of its own ruin?

  This omission—if it is an omission—obviously does not correspond to a

  forgetfulness or an incapacity on Foucault’s part; it involves a difficulty implicit

  in the very concept of a semantics of enunciation. Insofar as it inheres not in the

  text of the statement, but rather in its taking place—insofar as it concerns not

  something said, but a pure saying—a semantics of enunciation cannot constitute

  either a text or a discipline. The subject of enunciation, whose dispersion founds

  the possibility of a metasemantics of knowledges and constitutes statements in

  a positive system, maintains itself not in a content of meaning but in an event

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  of language; this is why it cannot take itself as an object, stating itself. There can

  thus be no archaeology of the subject in the sense in which there is an archaeol-

  ogy of knowledges.

  Does this mean that the one who occupies the vacant place of the subject

  is destined to be forever obscured and that the author must lose himself fully

  in the anonymous murmur of “What does it matter who is speaking”? In Fou-

  cault’s work, there is perhaps only one text in which this difficulty thematically

  comes to light, in which the darkness of the subject momentarily appears in all

  its splendor. This text is “The Life of Infamous Men,” which was originally con-

  ceived as a preface to an anthology of archival documents, registers of internment

  or lettres de cachet. In the very moment in which it marks them with infamy, the

  encounter with power reveals human existences that would otherwise have left

  no traces of themselves. What momentarily shines through these laconic state-

  ments are not the biographical events of personal histories, as suggested by the

  pathos-laden emphasis of a certain oral history, but rather the luminous trail

  of a different history. What suddenly comes to light is not the memory of an

  oppressed existence, but the silent flame of an immemorable ēthos— not the sub-

  ject’s face, but rather the disjunction between the living being and the speaking

  being that marks its empty place. Here life subsists only in the infamy in which

  it existed; here a name lives solely in the disgrace that covered it. And something

  in this disgrace bears witness to life beyond all biography.

  4.4. Foucault gives the name “archive” to the positive dimension that cor-

  responds to the plane of enunciation, “the general system of the formation and

  transformation of statements” (Foucault 1972: 130). How are we to conceive of

  this dimension, if it corresponds neither to the archive in the strict sense—that

  is, the storehouse that catalogs the traces of what has been said, to consign them

  to future memory—nor to the Babelic library that gathers the dust of statements

  and allows for their resurrection under the historian’s gaze?

  As the set of rules that define the events of discourse, the archive is situ-

  ated between langue, as the system of construction of possible sentences—that is, of possibilities of speaking—and the corpus that unites the set of what has

  been said, the things actually uttered or written. The archive is thus the mass of

  the non-semantic inscribed in every meaningful discourse as a function of its

  enunciation; it is the dark margin encircling and limiting every concrete act of

  speech. Between the obsessive memory of tradition, which knows only what has

  been said, and the exaggerated thoughtlessness of oblivion, which cares only for

  what was never said, the archive is the unsaid or sayable inscribed in everything

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  said by virtue of being enunciated; it is the fragment of memory that is always

  forgotten in the act of saying “I.” It is in this “historical a priori,” suspended

  between langue and parole, that Foucault establishes his construction site and founds archaeology as “the general theme of a description that questions the

  already-said at the level of its existence” (ibid.: 131)—that is, as the system of

  relations between the unsaid and the said in every act of speech, between the

  enunciative function and the discourse in which it exerts itself, between the

  outside and the inside of language.

  Let us now attempt to repeat Foucault’s operation, sliding it toward lan-

  guage ( langue), thus displacing the site that he had established between langue and the acts of speech, to relocate it in the difference between language ( langue)

  and archive: that is, not between discourse and its taking place, between what

  is said and the enunciation that exerts itself in it, but rather between langue

  and its taking place, between a pure possibility of speaking and its existence as

  such. If enunciation in some way lies suspended between langue and parole, it will then be a matter of considering statements not from the point of view of

  actual discourse, but rather from that of language ( langue); it will be a question of looking from the site of enunciation not toward an act of speech, but toward

  langue as such: that is, of articulating an inside and an outside not only in the plane of language and actual discourse, but also in the plane of language as

  potentiality of speech.

  In opposition to the archive, which designates the system of relations between the unsaid and the said, we give the name testimony to the system of re-

  lations between the inside and the outside of langue, between the sayable and the unsayable in every language—that is, between a potentiality of speech and

  its existence, between a possibility and an impossibility of speech. To think a

  potentiality in act as potentiality, to think enunciation on the plane of langue is to inscribe a caesura in possibility, a caesura that divides it into a possibility and

  an impossibility, into a potentiality and an impotentiality; and it is to situate a

  subject in this very caesura. The archive’s constitution presupposed the bracket-

  ing of the subject, who was reduced to a simple function or an empty position;

  it was founded on the subject’s disappearance into the anonymous murmur of

  statements. In testimony, by contrast, the empty place of the subject becomes the

  decisive question. It is not a question, of course, of returning to the old problem

  that Foucault had sought to eliminate, namely, “How can a subject’s freedom

  be inserted into the rules of a language?” Rather, it is a matter of situating the

  subject in the disjunction between a possibility and an impossibility of speech,

  asking, “How can something like a statement exist in the site of langue? In what

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  way can a possibility of speech realize itself as such?” Precisely because testimony

  is the relation between a possibility of speech and its taking place, it can exist only

  through a relation to an impossibility of speech—that is, only as contingency, as a capacity not to be. This contingency, this occurrence of language in a subject, is

  different from actual discourse’s utterance or non- utterance, its speaking or not

  speaking, its production or non-production as a statement. It concerns the sub-

  ject’s capacity to have or not to have language. The subject is thus the possibility

  that language does not exist, does not take place—or, better, that it takes place

  only through its possibility of not being there, its contingency. The human being

  is the speaking being, the living being who has language, because the human

  being is capable of not having language, because it is capable of its own in-fancy.

  Contingency is not one modality among others, alongside possibility, impossi-

  bility, and necessity: it is the actual giving of a possibility, the way in which a po-

  tentiality exists as such. It is an event ( contingit) of a potentiality as the giving of a caesura between a capacity to be and a capacity not to be. In language, this giving

  has the form of subjectivity. Contingency is possibility put to the test of a subject.

  In the relation between what is said and its taking place, it was possible to

  bracket the subject of enunciation, since speech had already taken place. But the

  relation between language and its existence, between langue and the archive, de-

  mands subjectivity as that which, in its very possibility of speech, bears witness

  to an impossibility of speech. This is why subjectivity appears as witness; this is why it can speak for those who cannot speak. Testimony is a potentiality that

  becomes actual through an impotentiality of speech; it is, moreover, an impos-

  sibility that gives itself existence through a possibility of speaking. These two

  movements cannot be identified either with a subject or with a consciousness;

  yet they cannot be divided into two incommunicable substances. Their insepa-

  rable intimacy is testimony.

  4.5. It is time to attempt to redefine the categories of modality from the per-

  spective that interests us. The modal categories—possibility, impossibility, con-

  tingency, necessity—are not innocuous logical or epistemological categories that

  concern the structure of propositions or the relation of something to our faculty

  of knowledge. They are ontological operators, that is, the devastating weapons

  used in the biopolitical struggle for Being, in which a decision is made each time

  on the human and the inhuman, on “making live” or “letting die.” The field of

  this battle is subjectivity. The fact that Being gives itself in modalities means

  that “for living beings, Being is life” ( to de zēn tois zōsi einai estin) (Aristotle, De anima: 413b13); it implies a living subject. The categories of modality are not

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  founded on the subject, as Kant maintains, nor are they derived from it; rather,

  the subject is what is at stake in the processes in which they interact. They divide

  and separate, in the subject, what is possible and what is impossible, the living

  being and the speaking being, the Muselmann and the witness—and in this way

  they decide on the subject.

  Possibility (to be able to be) and contingency (to be able not to be) are the

  operators of subjectification, the point in which something possible passes into

  existence, giving itself through a relation to an impossibility. Impossibility, as ne-

  gation of possibility (not [to be able]), and necessity, as negation of contingency

  (not [to be able not to be]) are the operators of desubjectification, of the destruc-

  tion and destitution of the subject—that is, processes that, in subjectivity, divide

  potentiality and impotentiality, the possible and the impossible. The first two

  constitute Being in its subjectivity, that is, in the final analysis as a world that

  is always my world, since it is in my world that impossibility exists and touches ( contingit) the real. Necessity and possibility, instead, define Being in its whole-ness and solidity, pure substantiality without subject—that is, at the limit, a world

  that is never my world since possibility does not exist in it. Yet modal categories, as operators of Being, never stand be
fore the subject as something he can choose or

  reject; and they do not confront him as a task that he can decide to assume or not

  to assume in a privileged moment. The subject, rather, is a field of forces always

  already traversed by the incandescent and historically determined currents of po-

  tentiality and impotentiality, of being able not to be and not being able not to be.

  From this perspective, Auschwitz represents the historical point in which

  these processes collapse, the devastating experience in which the impossible is

  forced into the real. Auschwitz is the existence of the impossible, the most rad-

  ical negation of contingency; it is, therefore, absolute necessity. The Muselmann

  produced by Auschwitz is the catastrophe of the subject that then follows, the

  subject’s effacement as the place of contingency and its maintenance as existence

  of the impossible. Here Goebbel’s definition of politics—“the art of making

  what seems impossible possible”—acquires its full weight. It defines a biopolit-

  ical experiment on the operators of Being, an experiment that transforms and

  disarticulates the subject to a limit point in which the link between subjectifica-

  tion and desubjectification seems to break apart.

  4.6. The modern meaning of the term “author” appears relatively late. In

  Latin, auctor originally designates the person who intervenes in the case of a

  minor (or the person who, for whatever reason, does not have the capacity to posit

  a legally valid act), in order to grant him the valid title that he requires. Thus the

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  tutor, uttering the formula auctor fio, furnishes the pupil with the “authority” he lacks (one then says that the pupil acts tutore auctore) . In the same way, auctoritas patrum is the ratification that the senators—thus called patres auctores— bring to a popular resolution to make it valid and obligatory in all cases.

  The oldest meanings of the term also include “vendor” in the act of trans-

  ferring property, “he who advises or persuades” and, finally, “witness.” In what

  way can a term that expressed the idea of the completion of an imperfect act also

  signify seller, adviser, and witness? What is the common character that lies at the

 

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