ABSTRACT
This article intends to explore a still incipient theme in the secondary literature regarding the status of the law in Giorgio Agamben and the weight of Roman law in his works. To this end, we have used the debate between Agamben and Yan Thomas, an important historian of Roman law with whom Agamben had a very intense contact. Throughout the article we will show three things: firstly, the relationship between Agamben and biopolitics, emphasising the articulatory aspect of the notion of apparatus which underlies his investigations. Then we will point out the importance of the essay Vita necisque potestas by Yan Thomas, which will serve for Agamben to introduce differences in relation to Hannah Arendt and Michel Foucault. Finally, we will shed light on the statute of law in Agamben’s thought, which is our hypothesis, communes with the Thomasian view: law would not be a metaphysical or substantial reality, but would work through artifice and fiction, which enables us to think the law as an authentic biopolitical apparatus.
Keywords
Law; Rom; biopolitics; apparatus; archeology.