From the homo sacer to the iustitium: displacements in the interpretation of roman law in Giorgio Agamben’s philosophy

Abstract

This article aims to introduce the theoretical and historical problems related to the comprehension of archaic Roman Law in Giorgio Agamben’s philosophy. In the background that Agamben has based his work on Roman Law is reconstructed, that is to say, the Indo-European trifunctional hypothesis expressed in the sacer-sanctus-religiosus division. On the other hand, a source analysis is carried out about two of the most important institutes of archaic Roman Law studied by Agamben: the homo sacer and the iustititum (the latter directly related to the category of hostis publicus). Finally, some possible reasons are advanced concerning the displacements made by Agamben when using these categories in his explanation of sovereign power as a response to some objections coming from philologists specialized in Roman Law. As a result, a better understanding of his methodological strategies and his overall philosophical project is achieved.