chapter  9
12 Pages

Anton Schütz (2009), 'Imperatives without Imperator', Law and Critique, 20, pp. 233-43

Abstract Schmitt's theologisation of sovereignty has been subjected, 50 years later, to a 'quarter turn' by Foucault's move from issues of domination to issues of government. After a further 30 years, radicalising Foucault, Agamben's archaeology of economy adds another 'quarter turn': the structure that emerges once the old European conjugality of facticity and validity, of praxis and being, emptied of all bonds, links, and loops, gives way to the bare opposition 'bipolarity'. The new constellation provides the old legal-theoretical (kelsenian) problem of rules unsuspended from a ruler who would authorise them, with a new, unexpected, political content and with a change of epistemic paradigm.