Please use this identifier to cite or link to this item: https://hdl.handle.net/2440/66635
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Type: Journal article
Title: The politics of caesura : Giorgio Agamben on language and the law
Author: McLoughlin, D.
Citation: Law and Critique: journal of critical legal studies, 2009; 20(2):163-176
Publisher: Springer Netherlands
Issue Date: 2009
ISSN: 0957-8536
1572-8617
Abstract: The concept of division or caesura is central to the political and legal philosophy of Giorgio Agamben. This paper examines the different ways in which Agamben characterises the law in terms of caesura, and the manner in which this analysis of law is grounded in his analyses of language. I argue that there are two forms of legal division to be found in Agamben’s political analyses. The first is the division that occurs when the legal system produces determinate identities, such as those of nation, and socio-economic status. However, this form of division is itself predicated upon the division that delimits the law as such, the caesura between political and bare life. The way that Agamben sets up both of these political problems is deeply indebted to his analyses of the ‘presuppositional structure’ of metaphysical language—the fracture between signification and its excess.
Keywords: Agamben
Division
Language
Law
Ontology
Potentiality
Sovereignty
Rights: © Springer, Part of Springer Science+Business Media
DOI: 10.1007/s10978-009-9047-0
Published version: http://dx.doi.org/10.1007/s10978-009-9047-0
Appears in Collections:Aurora harvest
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