In this study of Giorgio Agamben's pre-Homo Sacer work, I assess his idea of the ethical subject. Over the course of these early writings, he adopts a Walter Benjamin-inspired redemptive aim as he endeavours to uncover the circumstances of alienated subjectivity and possibility of authentic experience. However, while Agamben borrows from Benjamin to elaborate on the ethical potential of the nihilist pose, a more Kantian conception of idealist autonomy becomes increasingly pronounced. This Kantianism is at odds with the Benjaminian nihilism (...) that guides his redemptive prescription, leaving Agamben's ethical subject mired in a realm of meaningless authenticity. (shrink)

In Giorgio Agamben’s eyes, Immanuel Kant’s work is the modern philosophical harbinger of the catastrophic ‘state of exception’. By focusing on the latter’s ‘author/subject corrective’, I make the connection between Agamben and Kant’s Critique of Pure Reason more apparent. In doing so, I show how Kant’s corrective instrumentalises autonomy in such a way that it compromises the validity it seeks to rationalise; it does so by separating the individual from actuality, by ostracising law from political challenge, and by conflating individual (...) and state interests. Taken together, these three undercurrents are defining features of Agamben’s ‘Homo Sacer’ series. (shrink)

In Giorgio Agamben’s eyes, Immanuel Kant’s work is the modern philosophical harbinger of the catastrophic ‘state of exception’. By focusing on the latter’s ‘author/subject corrective’, I make the connection between Agamben and Kant’s Critique of Pure Reason more apparent. In doing so, I show how Kant’s corrective instrumentalises autonomy in such a way that it compromises the validity it seeks to rationalise; it does so by separating the individual from actuality, by ostracising law from political challenge, and by conflating individual (...) and state interests. Taken together, these three undercurrents are defining features of Agamben’s ‘Homo Sacer’ series. (shrink)

That various legal orders preside in any one jurisdiction has long been seen as evidence of legal pluralism; however, this approach lacks a systematic understanding of history in general, and as such, tells us little about the inner machinations of law’s relation to capitalist development in particular. What is needed instead is a dialectical materialist approach to legal development; for this reason, I tender an uneven and combined development theory of law. Law flexes in concert with ever-changing social relations, or (...) more plainly, law evolves in an uneven and combined manner. More than being mired in the contradictions that are the driving force of the UCD of capitalism, however, law also boasts its own set of contradictions that, if carefully accounted for, helps distinguish the historical evolution of capitalism as a social totality. (shrink)