The Omnibus Homo Sacer

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by Giorgio Agamben


  it so to speak gropingly finds and invents their use. The body parts precede their use, and use precedes and creates their function.

  It is what is produced in the very act of exercise as a delight internal to the act, as if by gesticulating again and again the hand found in the end its pleasure and its “use,” the eyes by looking again and again fell in love with vision, the legs and thighs by bending

  rhythmically invented walking.

  א The testimony of Cicero agrees with that of Diogenes Laertius: “[The Stoics]

  maintain that immediately upon birth (for that is the proper point to start from) a living creature is rendered familiar and given in care to itself [ sibi conciliari et commendari, with which Cicero renders oikeiousthai ] in order to preserve itself and to feel affection for its own constitution [ status, which translates systasis] and for those things which tend to preserve that constitution and is rendered foreign [ alienari, corresponding to allotriosai ]

  to its own death and that which appears to threaten it” (Cicero 2, III, 16). The theme

  of self-consciousness appears immediately afterward: “it would not be possible that they

  should feel desire at all unless they possessed self-sensation and loved themselves” ( nisi sensum haberent sui eoque se diligerent).

  5.2. We possess a brief treatise whose theme is precisely the relation between

  familiarity, sensation, and use of self: Seneca’s Letter 121 to Lucilius. The ques-

  tion to which the letter intends to respond is “whether all living beings have

  sensation of their constitution” ( an esset omnibus animalibus constitutionis suae

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  sensus). Seneca’s response refers to the innate capacity that each living being has of “use-of-oneself ”:

  That this is the case is proved particularly by their moving their members with

  fitness and nimbleness, as though they were trained for the purpose. There is none

  that does not show agility with respect to his own members. The skilled workman

  handles his tools with an ease born of experience; the pilot knows how to steer his

  ship skillfully; the painter can quickly lay on the colors which he has prepared in

  great variety for the purpose of rendering the likeness, and passes with ready eye

  and hand from palette to canvas. In the same way the animal is agile in all that

  pertains to the use of its body [ sic animale in omnem usum sui mobilest]. We are

  apt to wonder at skilled dancers because their gestures are perfectly adapted to

  the meaning of the piece and its accompanying emotions, and their movements

  match the speed of the dialogue. But that which art gives to the craftsman, is given

  to the animal by nature. No animal handles its members with difficulty, no ani-

  mal is at a loss how to use itself [ in usu sui haesitat]. (Seneca, vol. 3, pp. 399–401) To the objection that what drives the animal to move is fear of pain, Seneca

  responds that animals incline toward their natural movement despite the im-

  pediment of pain:

  Thus the child who is trying to stand and is becoming used to carrying his

  own weight, on beginning to test his strength, falls and rises again and again

  with tears until through painful effort he has trained himself to the demands of

  nature. . . . The tortoise on his back feels no suffering; but he is restless because

  he misses his natural condition [ naturalis status], and does not cease to shake

  himself about until he stands once more upon his feet. So all living things have

  a sensation of their own constitution [ constitutionis suae sensus], and for that

  reason can manage their limbs as readily as they do [ membrorum tam expedita

  tractatio]; nor have we any better proof that they come into being equipped with

  this knowledge [ notitia] than the fact that no animal is clumsy in use-of-itself

  [ nullum animal ad usum sui rude est]. (Ibid., p. 401)

  After having thus confirmed the constitutive connection between use of self

  and self-consciousness, usus sui and constitutionis suae sensus, Seneca tackles the closely intertwined theme of oikeiosis (which, following Cicero’s example, he

  renders with conciliatio and conciliari):

  “You maintain, do you,” says the objector, “that every living thing is at the start

  familiarized with its constitution [ constitutioni suae conciliari ], and that the human constitution is a reasoning one, and hence the human being is familiarized

  with itself not as animal, but as rational. For the human being loves himself in

  respect of that wherein he is human. How, then, can a child, not yet having

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  reason, be familiarized with its rational constitution?” But each age has its own

  constitution, different in the case of the child, the body, and the old man. The

  child is toothless, and he is familiarized with this constitution. Then his teeth

  grow, and he is familiarized with that constitution. Vegetation also, which will

  develop into grain and fruits, has a special constitution when young and scarcely

  peeping over the tops of the furrows, another when it is strengthened and stands

  upon a stalk which is soft but strong enough to bear its weight, and still another

  when the color changes to yellow, prophesies threshing time, and hardens in the

  ear—no matter what may be the constitution into which the plant comes, it keeps

  it, and conforms to it. The periods of infancy, boyhood, youth, and old age, are

  different; but I, who have been infant, boy, and youth, am still the same. Thus,

  although each has at different times a different constitution, the familiarization

  with its own constitution is always the same [ conciliatio constitutioni suae eadem

  est]. For nature does not render dear to me [ commendat, the other verb with which Cicero translated oikeiosai ] boyhood or youth or old age, but myself.

  Therefore, the child is familiarized with its present constitution, not with that

  which will be his in youth. For even if there is in store for him any higher phase

  into which he must be changed, the state in which he is born is also according

  to nature. It is with itself that the animal is first of all familiarized [ primum sibi ipsum conciliatur animal ], for there must be a pattern to which all other things

  may be referred. I seek pleasure: for whom? For myself. I am therefore taking

  care of myself [ mei curam ago]. I shrink from pain; on behalf of whom? Myself.

  Therefore, I am taking care of myself. Since I do everything for care of myself,

  therefore care of myself is anterior to all [ ante omnia est mei cura]. This quality inheres in all living beings and is not added to them at a second time, but is

  innate. (Ibid., pp. 405–407)

  Let us reflect on the extraordinary intertwining of familiarity and selfhood, of

  consciousness and use-of-oneself that Seneca, though of course not without

  some contradictions, develops in these very dense pages. Oikeiosis or conciliatio does not have as its ultimate object the constitution of the individual, which can

  change over time, but, by means of it, its very self ( non enim puerum mihi aut

  iuvenem aut senem, sed me natura commendat). This self—despite the fact that

  the Stoics seem at times to preconstitute it in a nature or an innate knowledge—

  is therefore not something substantial or a preestablished end but coincides en-

  tirely with the use that the living being makes of it ( usus sui—which Seneca also

  declines as care-of-oneself, cura mei).

  If
one accepts this relational and non-substantial interpretation of the Stoic

  self, then—whether it is a matter of self-sensation, of sibi conciliatio, or of use-of-oneself—the self coincides each time with the relation itself and not with a

  predetermined telos. And if use, in the sense that we have seen, means being

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  affected, constituting-oneself insofar as one is in relation with something, then

  use-of-oneself coincides with oikeiosis, insofar as this term names the very mode

  of being of the living being. The living being uses-itself, in the sense that in its

  life and in its entering into relationship with what is other than the self, it has to

  do each time with its very self, feels the self and familiarizes itself with itself. The self is nothing other than use-of-oneself.

  א In the De anima libri mantissa, Alexander of Aphrodisias refers to the Stoic doctrine of oikeiosis in these terms: “The Stoics . . . affirm that the animal is for itself the first familiar thing [ to proton oikeion einai to zoon hautoi] and that each animal—and also the human being—upon being born is familiarized with itself [ pros hauto oikeiousthai]”

  (Alexander, p. 150/151); a similar doctrine is attributed in almost the same terms to Aristotle (“Some say that, according to Aristotle, we ourselves are the first thing familiar to ourselves”— einai proton oikeion emin emas autous; p. 150/152).

  It is significant that Alexander resolutely identifies familiarity and seity. Familiarity

  and relation with oneself are the same thing.

  א The familiarity and self-sensation of which the Stoics speak do not entail a rational

  consciousness but seem to be obscurely immanent to the very use-of-oneself. The living

  being, Seneca writes in the above-cited letter, “does not know what a constitution is,

  but knows its own constitution, does not know what a living creature is, but feels that

  it is a living being. . . . Everyone of us understands that there is something that stirs his impulses, but he does not know what it is and where it comes from” ( quid sit constitutio non novit, constitutionem suam novit . . . quid sit animal nescit, animal esse se sentitconatum sibi esse scit, quid sit aut unde sit nescit; Seneca, vol. 3, p. 403). The self becomes aware of itself by means of the articulation of a zone of non-awareness.

  5.3. It is perhaps in a passage from the Enneads (VI, 8, 10) that the speci-

  ficity of use-of-oneself finds, so to speak, its ontological formulation. Seeking

  a provisional expression for the mode of being of the One, here Plotinus, after

  having denied that it could accidentally be what it is, definitively opposes use to

  substance, chresthai to ousia:

  Well then, suppose he did not come to be, but is as he is and is not of his own

  substance. And if he is not master of his substance [ ouk on tes autou ousias kyrios], but is who he is, not hypostatizing himself but using-himself as what he is [ ouk

  hypostesas heaouton, chromenos de heautoi hoios estin], then he is what he is of

  necessity, and could not be otherwise.

  What is decisive for us in this passage is not the strategy of Plotinus, who is

  looking to exclude from the One both accidentality and necessity, so much as

  the striking opposition that he establishes between use and hypostasis. Dörrie

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  has shown that beginning with Neoplatonism the term hypostais acquires the

  meaning of “realization”: hyphistamai thus means “to be realized in an existence”

  (Dörrie, p. 45). Using-oneself means not pre-supposing oneself, not appropriating

  being to oneself in order to subjectivate oneself in a separate substance. The self

  of which use makes use is expressed, for this reason, only by the anaphora hoios,

  “some such,” which always recovers being from its hypostatization into a subject.

  And precisely because it maintains itself in use-of-itself, the One is abstracted not

  only from the categories of modality (it is neither contingent nor necessary: “Nei-

  ther his being such nor any way of being happen to him by accident: he is such

  and not otherwise. . . . Now he is not as he is because he cannot be otherwise,

  but because being what he is is best”; Plotinus, VI, 8, 9–10), but also from those

  of being and its fundamental divisions (“beyond being means . . . that he is not a

  slave to being or to himself”; VI, 8, 19).

  Let us attempt to develop the idea of a non-hypostatic, non-substantializing

  use-of-oneself, which Plotinus seems to let to the side immediately after having

  formulated it. Use-of-oneself, in this sense, precedes being (or is beyond it and,

  therefore, also beyond the division between essence and existence), is—as Plotinus

  writes a little after of the One with a willfully paradoxical expression—“a primary

  energeia without being,” in which the self itself takes the place of hypostasis (“it itself is, as it were, its hypostasis,” autò touto ton hoion hypostasin; VI, 8, 20). Or—

  one can also say, reversing the argument— being, in its originary form, is not sub-

  stance ( ousia ), but use-of-oneself, is not realized in a hypostasis, but dwells in use. And

  “to use” is, in this sense, the archimodal verb, which defines being before or, in any

  case, outside its articulation in the ontological difference existence/essence and in

  the modalities: possibility, impossibility, contingency, necessity. It is necessary that

  the self first be constituted in use outside any substantiality in order that some-

  thing like a subject—a hypostasis—can say: I am, I can, I cannot, I must . . . .

  5.4. It is from this perspective that we can read the messianic theory of use

  that Paul elaborates in the First Letter to the Corinthians. “Were you called in

  the condition of a slave?” he writes. “Do not be concerned about it. Even if

  you can gain your freedom, rather make use” ( mallon chresai—that is, of your

  condition as a slave; 1 Corinthians 7:21). That is to say, the factical and juridi-

  co-political conditions in which each one finds himself must be neither hypos-

  tatized nor simply changed. The messianic call does not confer a new substantial

  identity but consists first of all in the capacity to “use” the factical condition in

  which each one finds himself. And the way this new capacity of use must be

  understood is stated a little further down: “I mean, brothers and sisters, time has

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  HOMO SACER IV, 2

  grown short; what remains is so that those who have wives may be as not [ hos

  me] having, and those who mourn as not mourning, and those who rejoice as

  not rejoicing, and those who buy as not possessing, and those who use the world

  as not abusing. For the present form of this world is passing away. I want you to

  be without care” (7:29–32). The Pauline “as not,” by putting each factical con-

  dition in tension with itself, revokes and deactivates it without altering its form

  (weeping as not weeping, having a wife as not having a wife, slaves as not slaves).

  That is to say, the messianic calling consists in the deactivation and disappropri-

  ation of the factical condition, which is therefore opened to a new possible use.

  The “new creature” is only the capacity to render the old inoperative and use it in

  a new way: “if one is in the messiah, a new creature [ kaine ktisis]: the old things have passed away, behold they have become new” (2 Corinthians 5:17).

  From this persp
ective, we can better understand the sense of the antitheses

  of verses 30–31: “those who buy as not possessing, and those who use the world

  as not abusing.” What is in question is an explicit reference to the definition of

  ownership according to Roman law as ius utendi et abutendi. That is to say, Paul

  counterposes usus to dominium: to dwell in the call in the form of the “as not”

  signifies never making of the world an object of ownership but only of use.

  6

  Habitual Use

  6.1. The tradition of Aristotelianism that culminates in Scholasticism

  understands use as synonymous with energeia and therefore seeks

  to keep it separate from potential and habit. “Use,” Aquinas writes, “denotes

  the being-in-act of some habit or other [ usus significat actum cuiuslibet habitus].

  The act of any habit and the use of potential belong to the one (or the thing)

  to which the act belongs. Hence the term ‘use’ means the act and in no way the

  potential or the habit” (Aquinas 1, q. 17, a. 1). Against this tradition, it is neces-

  sary to think being-in-use as distinct from being-in-act and, at the same time, to

  restore it to the dimension of habit, but of a habit that, insofar as it happens as

  habitual use and is therefore always already in use, does not presuppose a poten-

  tial that must at a certain point pass into the act or be put into work.

  Galen had to think a dimension of this kind when, in his De usu partium, he

  decisively opposes use to energeia, just as a state or a habit is opposed to a movement and an operation: “Now the use of a part differs from its energeia, from

  its being-in-act, because energeia is an active motion ( kinesis drastike), and use is what is commonly called euchrestia” (Galen 1, p. 437/724). Euchrestia means the adequacy of a part to develop a certain function, good functionality, which

  is to say, not an operation and passage from potential to act but something like

  a habitual condition. It is in this sense that we intend to think here a “habitual

  use,” a chresis-chreia, a being-always-already-in-use of habit and potential: that is, a potential that is never separate from act, which never needs to be put to

  work, because it is always already in use, is always already euchrestia.

 

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