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Thinking the law with and against Luhmann, Legendre, Agamben

Published in Law and Critique

After the failure of all enterprises in legal ontology, and after the success of all enterprises in legal system internal theodicy, the field of legal theory is now open to receive a range of more complex, less universalist, less politicised, but also more personally shaped, more fragile suggestions. My article focusses on three such ways of dealin...

Without Negative Origins and Absolute Ends: A Jurisprudence of the Singular

Published in Law and Critique

This paper is a preparatory analysis for a jurisprudence of the singular. Through a critical analysis of the negativity and the absolving character of the transcendental metaphysics of law and justice it reads mainly through M. Heidegger, Heraclitus, G. Agamben and J-L. Nancy a realignment of the questioning of justice that takes its provisional na...

The Sovereign Event in a Nation's Law

Published in Law and Critique

This article interrogates the relationship between the sovereign event and a legal decision that purports to place sovereignty beyond law. It argues that sovereignty cannot be regarded as unitary, and elaborates the process of iterability by which the sovereign event is split from the outset. This dynamic is examined through an interrogation of the...

The Structure of Domination Today: A Lacanian View

Published in Studies in East European Thought

Two topics determine today's liberal tolerant attitude towards Others: the respect of Otherness and the obsessive fear of harassment: the Other is OK insofar as its presence is not intrusive, insofar as the Other is not really Other. The central human right in late-capitalist society, namely the right to be free from all “harassment” by the Other i...

Love and Communism: Jean-Luc Nancy’s Shattered Community

Published in Law and Critique

This paper takes as is its point of departure Jean-Luc Nancy’s argument that the occidental idea of community in the modern era has always meant a kind of project or work whose intention was to glorify death in order to redeem and make it meaningful. It does so in order to return the community to its self-identity; to inter or assimilate what intru...

The Case of the Hypocritical

Published in Law and Critique

This paper analyzes the idea of critique as an idea, in relation to the problematic fiction of legal foundations. In doing so, it refers to the work of Giorgio Agamben and Jean-Luc Nancy. In particular, Jean-Luc Nancy’s concept of the lapsus of right (jus) is explored in relation to the fiction of a Law of law and the notion of the Right to have ri...

Interrupting the Myth of the Partage: Reflections on Sovereignty and Sacrifice in the work of Nancy, Agamben and Derrida...

Published in Law and Critique

Agamben traces the bio-political essence of modern politics to the non-sacrificial killing of Homo Sacer in Roman law. Nancy, on the other hand, links the history of Western politics to the fundamental logic of sacrifice in Western metaphysics. He nevertheless contemplates the possibility that Western societies may finally have arrived at the thres...

Excepción, decisión y derecho en Carl Schmitt

En este ensayo quiero mostrar un análisis de la obra de Carl Schmitt concentrándome en dos conceptos básicos: la paradoja de la excepción y su juridificación. En mi opinión, el análisis de Agamben deja de lado un aspecto importante de la obra de Schmitt: su concepción de la excepción y la teoría del orden concreto como el modo de resolver la aparen...