The Info List - Homo Sacer

--- Advertisement ---

Homo sacer (Latin for "the sacred man" or "the accursed man") is a figure of Roman law: a person who is banned and may be killed by anybody, but may not be sacrificed in a religious ritual.[1] The meaning of the term sacer in Ancient Roman religion
Ancient Roman religion
is not fully congruent with the meaning it took after Christianization, and which was adopted into English as sacred. In early Roman religion sacer, much like the Hebrew קָדוֹש‬ qadoš, denotes anything "set apart" from common society and encompasses both the sense of "hallowed" and that of "cursed". This concept of the sacred is more in line with the Islamic notion of haram. The homo sacer could thus also simply mean a person expunged from society and deprived of all rights and all functions in civil religion. Homo sacer is defined in legal terms as someone who can be killed without the killer being regarded as a murderer; and a person who cannot be sacrificed.[2] The sacred human may thus be understood as someone outside the law, or beyond it. With respect to certain monarchs, in certain western legal traditions, the concepts of the sovereign and of the Homo Sacer have been conflated.[3] The status of homo sacer could fall upon one as a consequence of oath-breaking. An oath in antiquity was essentially a conditional self-cursing, i.e. invoking one or several deities and asking for their punishment in the event of breaking the oath. An oathbreaker was consequently considered the property of the gods whom he had invoked and then deceived. If the oathbreaker was killed, this was understood as the revenge of the gods into whose power he had given himself. Since the oathbreaker was already the property of the oath deity, he could no longer belong to human society, or be consecrated to another deity. A direct reference to this status is found in the Twelve Tables (8.21), laws of the early Roman Republic written in the 5th century BC. The paragraph states that a patron who deceives his clients is to be regarded as sacer. The idea of the status of an outlaw, a criminal who is declared as unprotected by the law and can consequently be killed by anyone with impunity, persists throughout the Middle Ages. Medieval perception condemned the entire human intrinsic moral worth of the outlaw, dehumanizing the outlaw literally as a "wolf" or "wolf's-head" (in an era where hunting of wolves existed strongly, including a commercial element)[4] and is first revoked only by the English Habeas Corpus
Habeas Corpus
act of 1679 which declares that any criminal must be judged by a tribunal before being punished. Italian philosopher Giorgio Agamben
Giorgio Agamben
takes the concept as the starting point of his main work Homo Sacer: Sovereign Power and Bare Life (1998). See also[edit]

Burakumin Civil death Dalit Hague Conventions Hostis humani generis Nonperson Outlaw Stateless person Persona non grata Outcast (person) Third Geneva Convention Unlawful combatant


^ Agamben, Giorgio. Heller-Roazen, trans. Homo Sacer: Sovereign Power and Bare Life Stanford, CA: Stanford University Press, 1998. 72. ^ Giorgio Agamben
Giorgio Agamben
- Homo Sacer, 1995 (Valdisholm publishing company, Norwegian translation), 2. part (Homo Sacer) 1.1. citing Sextus Pompeius Festus. ^ § 5 Constitution of Norway - ^ Mary R. Gerstein, Berkeley, Ca., 1974, "Germanic Warg: The Outlaw
as Werwolf", in G.J. Larson, ed., Myth in Indo-European Antiquity, p. 132

Agamben, Giorgio (1998), Homo Sacer: Sovereign Power and Bare Life, Stanford, CA: Stanford University Press, ISBN 978-0-8047-3218-5 . Trans. Daniel Heller-Roazen.

External links[edit]

Homo sacer y violencia divina en el caso judío: lo insacrificable sometido a castigo de Ely Orrego Pirates, Terrorists, Homo Sacer August 20, 2005 Interview with Giorgio Agamben
Giorgio Agamben
– Life, A Work of Art Without an Author: The State of Exception, the Administration of Disorder and Private Life By Ulrich Raulff, German Law Journal No. 5 - Special Edition, 1 May 2004) [ The Refugee & the Decline of the Nation State] A paper delivered by Andonis Tsonis at 'Forms of Legal Identity', 19th Annual Law & Society Conference, Melbourne, 10–12 December 2001 "We Refugees" , Giogio Agamben on Hannah Arendt in Symposium #49 Knight of the Living Dead March 24, 2007 New York Times Op-Ed piece by Slavoj Zizek on Terrorism and normali