The aim of this chapter is to reconstruct a hypothetical genealogy of the U.S. national motto “in God we Trust” by comparing the juridical and theological concept of “depositum”. According to Philo of Alexandria, the deposit was the most sacred institutional act of ancient social life, because it had both a religious and a sociological function. According to the Epistulae to Timothy the term ‘deposit’ defined the legacy of the Christian faith of which the disciple of St. Paul was entrusted. (...) His task was to manage this legacy and to spread it among the others. Hence the deposit defined at the same time a contract based upon good faith and a symbolic space of “security”, namely a container that protected an unchangeable content: the oral knowledge transmitted by Christ to the Apostoles and, indirectly, to St. Paul. The depositum was also the procedure through which the word of Christ would acquire all its potential. On the other hand, the contract defined as “depositum” by Roman law was characterized by a centrality of the so-called bona fides and by the distinction between regular and irregular deposit. This means that the principle of good faith should lead the conducts of the manager whose task is exactly to look after an object called Christian faith. How can we interpret the word ‘trust’ according to the juridico-political remarks? The purpose of this chapter is to explain all these related issues. (shrink)

The article aims at describing an alternative way to the Foucaldian escape of sovereignty. According to Foucault the only chance to reach this goal is to “go beyond” this concept as well as of linked concepts such as “law” and “institution”. On the one hand this vision is affected by the erroneous identification of law with the order of the sovereign, while the original private dimension of law is totally neglected. On the other hand, Foucault cannot assume that it is (...) also possible to delegitimize sovereignty with the very tools of law, namely in a trial. The article deals with the case of the «mutilated sovereignty» of the Italian State which has been acknowledged by a court in 2006. The government has been compensated for the damages suffered by the State because of the illegal activity in a region. The sovereignty has been “estimated”. But estimating something unquantifiable like sovereignty is destroying its symbolic force. (shrink)

Biopolitics, as interaction of power and subjectivity, creates new ways of making law. It is no longer the definition of borders. It gives legitimacy to emerging practices.

For more than two centuries the constitutional State and the principle of legality have constructed a rampart against the selfsufficiency of police power, but the events of Summer zoo1 have brutally unveiled the porosity of this limit. Suddenly, an entire history reappeared, preciously instructive, supposedly past and dedicated to erudition since the fateful date, 1789. Like the revolutionaries in the constituent and legislative Assembly , we are once again confronted by a dilemma barely modified by two centuries of juridical positivism. (...) Is it possible to subject the activities of the police to a system of legal control, or must we rather admit that that institution possesses its own standards and that any blunders are less the sign of a specific violation of the law than the confirmation of a structural specificity proper to the police? (shrink)

According to Merleau-Ponty, institution has to do with the deposit of a sense. This operation invokes a gesture of completion that is left to a future of recovery, modifications and alterations that expose that deposited sense to dialectical tensions between orthodox conservation and inevitable deviations. The decisive issue at stake is then announced precisely around this ambivalent status of the institution, which becomes the guardian of the deposited sense, not to fix it in a systematized repetition but to welcome, measure (...) and ensure its evolution. Thus “instituting” indicates the ouverture d'un champ, the possibility of setting the sense in a container with an extensible shell. It deals with the capacity of preserving the duration of the sense originally deposited but also of increasing the quality of its substance in the course of history. On these dynamic potentialities of the “deposited” and administered sense Merleau-Ponty’s notes manage to glimpse an essential technical quality that, for example, Christianity has been able to exploit to the maximum. (shrink)

The institution is always a heteronomous construction which supposes the intervention of a “fiat” establishing a break in the continuum of the natural succession of events. This beginning is a sequence of acts leading to a practical judgment on a reality that exists only because of this qualification. This is the sense of the legal verb instituere. The paper tests this vision of the institution on the case of a widespread practice in the managerial world: the 360-degree feedback. A Jesuit (...) genealogy of this practice illustrates new cultures within the firm and the consequences on the subjectivity level. (shrink)