Page of

The Ambivalence of the Sovereign Ban: The Homo Sacer and the Biblical Ḥerem

The Ambivalence of the Sovereign Ban: The Homo Sacer and the Biblical Ḥerem

Chapter:
(p.74) 3 The Ambivalence of the Sovereign Ban: The Homo Sacer and the Biblical Ḥerem
Source:
Sovereignty and the Sacred
Author(s):
Robert A. Yelle
Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226585628.003.0004

Chapter 3 engages with Giorgio Agamben’s argument that sovereignty is disclosed most directly through the ban, which places someone outside or beyond the law. His chief example is the ancient Latin figure of the homo sacer (literally, the “sacred man”), a condemned criminal who, having lost all rights, may be killed with impunity. Whereas earlier theorists regarded the homo sacer as an example of the ambivalence of the sacred— of the convergence of the pure and the polluted in a single category— Agamben argues that this figure should be interpreted not as a sacrifice, but as proof that the sovereign power to place someone under the ban is more primordial than the sacred. Juxtaposing another case of the ban, the biblical herem by which individual victims and entire cities were consecrated to destruction, this chapter contests Agamben’s interpretation of the ban, and his rejection of the idea of the ambivalence of the sacred, while developing his insights to interpret the Exodus and the Conquest of Canaan as moments of sovereign appropriation, where the “outside” and “inside” of the polity— the law- breaking and law- making functions— become indistinguishable.

Keywords:   Giorgio Agamben, homo sacer, herem, ban, sacrifice, sacred, Rudolf Otto, Conquest of Canaan, taboo, violence

Sign In

Copyright © 2021. All rights reserved.
Privacy Policy and Legal Notice