The oath and the guardian of the constitution. by Gerardo Muñoz

The neutralization of an intense political movement tends to defy both institutional and implicit norms of the rule of law. The fact that former President Donald J. Trump has been charged with four different legal indictments – the hush money New York state case, the Mar-a-Lago Classified Documents case, the January 6th insurrection case, and the Giorgia election meddling case – have only boosted his cultish popularity among his followers who are now pushing for a second presidential term. On top of this, it is also important to note that none of the indictments truly bar Trump from reaching the executive office and engaging in a self-pardon. However, we have seen the emergence of a fifth possible venue to indict Trump elaborated in an important lengthy law review article co-written by jurists William Baude & Michael Stokes Paulsen that reclaims the sweeping and effective force of section three of the Fourteenth Amendment of the United States Constitution [1]. The letter of section 3 is straightforward, and it states that anyone that has previously taken an oath to defend the United States Constitution, and engages “in insurrection and rebellion” disqualifies him from future appointments in any public office, although Congress could remove said disability with a sufficient majority [2].

There are two central qualifying conditions in the section: having taken a prior oath to the Constitution, and engaging or avoiding insurrection and rebellion against the unity of the state, which assumes that the current political situation is one of either the threat of secession or civil war (this was Lincoln’s standard). The fact that this has been proposed by one of the foremost exponents of constitutional originalism should already indicate the juridical pressure that American lawyers are facing at the moment [3]. If there is room for disagreement about the “objectivity of the context”, the fact that the applicability of section 3, Am.14. presupposes the state of a full-fledged civil war that confirms the unprecedented controversy about the political context – regardless if considered an open civil war or an institutional political crisis – in which the enforcement of the constitutional provision will be executed[4].

The precondition for the effectivity of the sanction, however, hangs on something that has been taken for granted by most commentators: that is, the fact that the public official has taken an oath, becoming what Baude & Paulsen denominate an ‘oath-taking category of person’, which implies that the self-defense and the continuity of the constitution relies on the structure and form of the oath. Of course, we know from the great legal historian Paolo Prodi that one of the fundamental categories of political authority of the state was the absorption of the religious vow and the sacrament into the oath expressing the collective will and intra-institutional regulation of a normative system of the rule of law [5]. The oath achieves the unity of institutional authority, but this is only possible if there is a common collective faith in the constituted community of the oath-taking practice.

Under this consideration, it is almost redundant to note that the object of this collective and consensual faith (fides) is the oath as the nexus of public trust between the word and the instituted reasons for action. Oath and faith – and its immanent dialectic, since it also implies the faith in the oath – just like the polarity of religion and the rule of law, can only be sustained on stable conditions of a robust secularized equilibrium now broken. In fact, this is what paves the way for the indirect powers of civil war. This implies that the dependency on the oath is invalid without fides; and, mutatis mutandis, it is only once that fides is separated from the oath that its self-executing force becomes possible in the field of factional forces.

This is something that is definitely not a new problem, since one can read in “Federalist 18” how the implementation of oath during the Greek polis did not lessen the exacerbation of the fragmentation between the rise of different factions [6]. In the same vein, Carl Schmitt reminded how Hindenburg during the Weimar Republic felt comfortable taking an oath prima facie, only to find himself later hostage to the absolutization of internal political hostilities [7]. Given that the oath is predicated on the faith of a “promise of future behavior” (Baude & Paulsen dixit), an oath discharged from the presupposition of a faith in the concrete institutional order, tends to reproduce an adverse relation between perjurers, legal sanction, and pardons. In this circularity any political system will no longer depend on the internal categories of legitimate rule and social representation, but rather on the parallel tripartite structure of oath-taking, compelled oath, and acceleration of instrumental exchange of burdens, misdemeanors or infractions.

This tripartite structure – oath, perjury, politization – orients the force of fides after the collapse of modern secularization and the rise of legal constitutionalism [8]. Indeed, the energy of desecularization can only be expressed with the efficacy of moral principles dependent on a political will that fluctuates on the coagulation of legislative majorities that will see their “truths”, “public reasons”, and “social sensibilities” as permanent marching orders (let us not lose sight that the Congress can override the force of proscription). This does not mean that there is no such thing as having taken on “oath to the Constitution”, which is at the center of the American political system. Nor can one ignore the fact that section 3 enacts a clear threshold against public office holding if engaged in the context of insurrection or rebellion. Furthermore, one should not confuse the expediency of the unit of the political with the external question pertaining to social facts or public opinion [9]. Rather the point is much simpler and stark: if a constitution is a normative system of rules and principles, its free-standing application can not respond on the basis of having faith in the future promise compelled by the force of the oath. This can only deepen the conditions for civil war that neo-constitutionalism facilitates through its flexible and discretionary principles (the primacy of ius over lex). In the shadow of the oath, the archaic jingle of the sacramental enunciation is heard one more time [10].

The oath should not be reduced to a candid constitutional interpretation or federal jurisdiction: it is eminently a political question about the form, scope, and urgency of the guardian of the constitution and its nocturnal council. It is perhaps pertinent to conclude by recalling Plutarch’s old maxim: “Children are to be deceived with toys, men with oath”, which today could very well apply to generic constitutionalism and political militants alike, two fierce contenders in shaping and distributing the the energies of the legal stasis [11]. And if wrongs committed are no longer done to the gods as in Tacitus’s sacramental maxim ( deorum iniurias dis curae), but first and foremost against the authority of a concrete order; this means that political differentiation emerges against the quiet harbinger of the sacralization of politics – an anodyne time in which men with oaths, quite often, also behave and act like children with toys.

Notes

1. William Baude & Michael Stokes Paulsen. “The Sweep and Force of Section Three”, U. PA. Law Review, forthcoming 2024: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4532751

2. US Constitution, Article XIV, sec.3: “No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability”.

3. Gerardo Muñoz. “El Originalismo y la Corte Suprema Norteamericana: un diálogo con William Baude”, January 2023, En Disidencia: https://endisidencia.com/2023/01/el-originalismo-y-la-corte-suprema-norteamericana-un-dialogo-con-william-baude/

4. “Prof. Michael McConnell, Responding About the Fourteenth Amendment, “Insurrection,” and Trump”, The Volokh Conspiracy, August 2023: https://reason.com/volokh/2023/08/12/prof-michael-mcconnell-responding-about-the-fourteenth-amendment-insurrection-and-trump/

5. Paolo Prodi. “Dalle Secolarizzazione alle Religioni Politiche”, in Storia moderna o genesi della modernità? (Il Mulino, 2012), 115–51.

6. Alexander Hamilton & James Madison & John Jay. The Federalist (Havard University Press, 2009), 107-108.

7. Carl Schmitt. “The Legal World Revolution”, Telos, N.72, 1987, 82.

8. Jack Goldsmith (Harvard Law) seems to hold this view in “The Prosecution of Trump May Have Terrible Consequences”, August 2023, New York Times: https://www.nytimes.com/2023/08/08/opinion/trump-indictment-cost-danger.html

9. Martin Loughlin. Against Constitutionalism (Harvard University Press, 2022).

10. Émile Benveniste. “Ius and the Oath in Rome”, in Dictionary of Indo-European Concepts and Society (Hau Books, 2016), 401.11. Plutarch. Lives. Agesilaus and Pompey. Pelopidas and Marcellus. Volume V (Loeb, 1917), 12.

Carlo Levi Civil War cybernetics depiction domination existence form of life garden geopolitics Rodrigo Karmy soul Theology

Towards a new life. On Rodrigo Karmy’s Stasiología (2023). by Gerardo Muñoz

What comes after state form? The grounds for a self-evolving civil war at the heart of the social is what opens up in the wake of the collapse of the categories and grammar of modern politics. Stasiology becomes the fundamental unit to grasp the decoupling of the liberal state from its fixed guarantees and duties. Already during the crisis of legitimation of the seventies, we were told that the modern secular liberal state can no longer guarantee the conditions that made it possible, in the famous hypothesis developed by Böckenförde. The stasiological paradigm thoroughly governs the once implied mediations, social forms, and positive juridical norms of state-society internal mechanics without reminders and procedures. This is why all calls for political realism today are futile and insufficient; the only real existing realism is the one that must be confronted with increasing categorial inversions that ultimately channel the passage from a sufficiently ordered polity (the equilibrium of commerce and virtues) to the conflagration of the civil war as the production of social fabric.

All of this is implicit and glossed in Rodrigo Karmy’s excellent essay Stasiología: guerra civil, formas de vida, capitalismo (Voces Opuestas, 2023) in which the empty performance in the stage of fictitious contemporary sovereignty exchanged for the effective precautionary inversions that have become operative at a planetary scale: republicanism has given in to empire; the horizon of “liberty” nows entails dispossession and domination; authoritative and legitimate rule now means interpretative and exceptional discretionary execution; and, civil society (the modern civilizational unity for social cohesion) has become an axiomatic nexus to manage the tractions and turbulence of total economy (equivalence). The current state of things could not be more grim – and everything that passes through the sign of “order” (orderability, ordinary, ordo) elevates in the name of an self-sufficient abstraction that government paranoia to guide every deviation. The Leviathan stage has zoomed in into the pastoral exercise of uncontested dominion. Those that have claimed that the polis – precisely, as the sphere of social exchange and masquerade, in other words, of practical nihilism – is defunct are perhaps right in stating that its autonomy was destined to become the sheltered territory for pirates, delinquents, and the mafia. What is civil society today if not the confluence or the commuting space of the concert of all existing indirect powers?

For Karmy, abstraction and inversal do not mean just arbitrariness and formlessness lacking description. There is some rationality to what is arbitrary and anarchic in how the public powers are conjoined, distributed, and organized under several logistical units of optimal endurance: a) an axiomatic method that is immanent, flexible, and technologically sophisticated in its aversion to civil war; b) there is a process of exposition and vigilance that, conflating oikos and polis, makes hostis and inimicus indistinguishable, and by extension, coextensive to a global police (just as predicted by Carl Schmitt in the prologue to the Italian edition of The Concept of the political) that can manage and intervene in world-events as without residue. Expressively, Karmy reminds us, the police apparatus becomes the composition of cybernetic deployment based on the capillary consortium of information, reproduction, and differentiations. c) And finally, there is a nomic coupling between politics and geopolitics as the univocal destiny of a planetary humanity as a nihilistic mastery over nature, passions, and geographical localities. But if a century ago Benjamin suggested in One-Way Street (1928) that the power of the proletariat amounted to the measure of its convalescence, it seems that this is a materialist ideal that also has sunk deep into the anomia of the seas. Neither a “collective and sensible” proletariat nor a mobilized pacifist can enact the much expected epochal katechon; the immanent subject of Empire is already invested in the paradigm of force and counter-force, reinforcing what Karmy sees as the global practical and rhetorical geopolitics as an ongoing polemos: “Toda guerra es, ante todo, una guerra contra el pensamiento, Por eso abunda el análisis geopolítico” (Karmy 79). The manifest destiny of geopolitical grounding (knowledge, measurement, exposition) can only admit voluntary servitude towards the conflagration and the distributions of dominance and “influence” that has only intensified from the Iraq invasion of the early millennium to the Covid-19 pandemic techno-administrative measures.

But geopolitical dominance can no longer be said to integrate – there are too many cracks and holes in what it is still called, by inertia (Karmy calls it the ‘Newtonian hypothesis’) , the autonomy of the social. Similarly, its universality is a fallen one; but not because it has accepted the Augustuinian saeculum against the Pelagian heresy, but rather because its unitary mold consists in an internal stasis fractured within: a schism of every community from itself, a separation between things and forms in the originary sense of the Greek polis. Could another nomoi be recovered here? This is the last question posed by Karmy’s Stasiología (2023) through the poetic scene of Guadalupe Santa Cruz, whose turn to the garden is an involuntary act that gathers whatever is left of an ethical life from the ongoing devastation enacted by the barbarism of civilization. The garden is the threshold to a world according to Karmy reading Santa Cruz: “…al borde del mundo, el jardín es la figura que remite al cultivo de estilo, cuidado de la potencia de la imaginación, en último término, lo que designa un gesto” (Karmy 102-103). It is no coincidence that gesture and gestar is a polysemic term that allows to comprehend the figural and self-evolving of a transformation of life; “freedom” is not to deploy internal force towards the appropriation of advantageous outcomes and interest, but of the possibility of delineating the appearance of “a life” holding the unmeasurable world in proximity [1]. It is at this point where forms color how we become who we are.

What must be saved is not “life itself”, but rather the theōs between world and existence that opens “new possibilities” that is anti-scientific precisely because it is not incorporated by the pressure of objective absorption. The theōs is the invisible deviation from the worldly necessity of how things should be and what our lives should aspire to become; and only in this sense we are all martyrs as witnesses to this nearness. Extracting a further consequence from Karmy’s Stasiología (2023) one could claim that every desertion from geopolitical destiny – its unspeakable misery, its blatant bad faith, its farcical prepotence that forces a parodic eschatology – presupposes a return to a new life, which has always began at the surface of our face, as if anticipating reality prophetically: “Only a genuine revolution succeeds in changing the way people look, their facial expressions, the light in their eyes, the charm of their smiles. Christianity appeared with new faces, or taught a new way of looking at them. It is something that anticipates reality, as if prophetically, the universal change that for almost two centuries now has been shaping new faces throughout the whole world.” [2]. If the acclamations for a “New Man” concerned the humanist aspiration of the productive modernity; the vita nova concerns, first and foremost, the conservation of the partition of the soul, the only true entity of alienability where life conquers death. The practice of stasilogy sets out an exercise of this elegant depiction: allowing invisibility to prefigure and breach a new life from the trenches of a never ending struggle.

Notes

1. Monica Ferrando. “Gestare la figura. Note sulla pittura e il suo gesto”, Giardino di studi filosofici, Quodlibet, 2018.

2. Carlo Levi. The Two-Fold night: A narrative of travel in Germany (Cresset Press, 1962), 109.

authority Carl Schmitt Christianity Church decionism forms Franco Venturi HLA Hart Legitimacy modern state police powers political form positive law rule of law secularization Theology

Two side notes on Anna Grzymala-Busse’s Sacred Foundations: The Religious and Medieval Roots of the European State (2023). by Gerardo Muñoz

Anna Grzymala-Busse’s recent study Sacred Foundations: The Religious and Medieval Roots of the Modern State (Princeton U Press, 2023) makes a compelling historical and data analysis grounded case for the emergence of the modern state through the process of the Church’s autonomization in its ongoing disputes with the European monarchs across the centuries. This process of the secularization of ecclesiastical forms (conciliarism, legal administration, the uniformity of procedures, rules for governing institutions, the emergence of educational training and mechanisms for political representation and fiscal control, etc), however, is silent about two defining features of the modern secular state. And I do not think it is an exaggeration to say that these two elements bring forth the way in which political authority was established after the victory of modern European Enlightenment. Busse’s book, if anything, has the felicity of putting in perspective, even if only in negative, the two pieces of the puzzle: a) coercion as guarantee by a legal process (not just the monopoly of force); b) and the inter-institutional coordination that we tend to associate with a ‘principle of an internal rule of recognition’ between different spheres of bureaucratic rationality. Busse admits for (a) that “….the authority of the people over the whole Church was not statelike. It depends on moral authority and influence, not on coercive control. Both kings and popes cajoled, convinced, and threatened rather than demanded or extracted force” (Busse, 78). But ruling on morality and influence are two weak presuppositions to guarantee systemic, homogeneous and uniform process required by institutional authority.

In other words, the Church was able to construct forms of civil mediations, although it lacked the power of efficacy; that is, a coherent set of reasons for action that would define a strong concept of sovereign authority as service (to put it in Raz’s well-known formulation). The classical apothegm by which ‘kings rule rule but do not govern’ (Rex regnat sed non gubernat) now is protracted by the exercise of an efficacious rule, which means laying out a combination of forms and a well-ordered power over coercive forms. In fact, this is one feature that will define the legitimacy of the Enlightenment according to historian Franco Venturi; the discovery of punishment understood within the scheme of a trade off between the “necessity of the right to punish when man was not able to re-establish communism” [1]. Hence, the genesis of modern legitimation is not exclusively “a given” vis-a-vis the structure of separation of powers and the ultimate source of the plenitudo potestatis; rather, it requires a second-step rule, as it were, to convalidate the specificity of institutional authority with ample concrete efficacy of police powers in charge of compliance and punishment. The reach and exercise of public police powers and the systematic ordering of penal codes through a criminal procedure and its guarantees (reasonable doubt, fair trial and due process, no crime published without a previous enacted law, nullum crimen sine lege) is what renders effective and “energic” the principle of authority.

Now, broadly speaking, when it comes to (b) Busse admits that (and this is in spite of its institutional schemes) laying down justice “…the church relied on secular enforcement, for example when it came to religious orthodoxy. […] The carrying out of sentences against heretics and apostates lay in secular hands – those found guilty were handed over the temporal authorities so as to not sully the clergy. Legal coevolution and influence, the struggles between popes and monarchs, and the diffusion of both canon law and personnel into the juridical systems were critical to the rise of constitutionalism and the rule of law in Europe” (Busse, 132-133). This asymmetry between two systems of legal jurisdiction confirm the inexistence of a strong internal rule of recognition that for H.L.A. Hart defines any robust modern legal system of public law. The internal rule of recognition, one must remember, is not a set of principles or norms for social action, but rather the internal mediation between a legislative authority and its internal obedience within a concrete application thereof. The internal rule of recognition binds a central authority with its specific formal enforcement in institutional union of primary rules and secondary rules to avoid the pathology of uncertainty. This is thoroughly absent from the free-floating institutional forms of the medieval church whose principal construction of primary rules was divorced from the objective and rational procedures of its internal coherence (the rule of recognition) that would ground, in time and place, the otherwise abstract primary norm and the pressure of contested social conflict.

But going straight to the crux of the matter, it follows that medieval templates as superbly redrawn in Busse’s studies lack the two fundamental determinations that ground the modern concept of law: law as the necessarily monopoly over coercion (the Austin thesis), and the concept of law as the construction of an internal rule of recognition to unite primary and secondary rules (the Hart thesis). But insofar as all major modern political concepts and mediations are secularized forms of religious and medieval forms – something we can say that Busse’s scholarship also confirms – we can then say that modern legitimacy will consist in the congruence of these two determinations to organize the mediations between civil society and state. Already in his early The value of the state and the significance of the individual (1914), Carl Schmitt will note of this formal transplant: “…the Catholic doctrine of the Pope as the infallible interpreter of the natural moral law and of the content of revelation, who receives the competence to declare state statutes that stand in contradiction with the moral law or ius divino-naturale to be non-obligatory in conscience. The exercise of his potestas indirecta which is regarded as an act of jurisdiction, and which is held, by many canonists, to be determinative of a statute’s validity in state law – contains real vis coactiva, even where the expression potestas directiva is employed in place of potestas indirecta (Suárez, de fide cath, 3.22.1)” [2].

For Schmitt, then, the process of rationalization between ecclesiastical form and the modern legal norms of the state is very much straightforward. This is what constitutes the very texture of secular modernity. But as we know, for Schmitt the secularization of forms was not enough – it must be said that he himself did not negate in his theory of adjudication of his constitutional thought – which is why the construction parameters of his ‘political theology’ proposes supplemental safeguards to isolate law and power, extending the power of secularization into the decision of the potentia dei asoluta (at times this was contained in the theological figure of the Katechon) [3]. But as Carlo Galli has noted, Schmitt’s political theology is far from a “political christology” or a substantive theological politics grounded in natural law; rather it is a resolute affirmation to defend any concrete order from the potential fallouts of the secularized cornerstones of rational neutralization (potentia directiva and potestas coactivva) of state authority [4]. Neither mechanic state forms nor a higher source of morality (natural law) would define the modern law; rather the autonomy of the political in the existential situation could provide the sufficient energy to avoid the self-defeating circularity of ius revolutionis (this is what most of the times is obliterated from the so called question of “decisionism”)[5]. If Busse is correct in making the case that all modern institutions have sacred medieval foundations; Schmitt’s concurrence in the wake of modern secularization will be to define the energy of the political as the defining element that must stand as the threshold of formal transplantations to have a chance within nihilism and against nihilism. It is both things. In other words, formlessness is the constitutive dimension of political forms; an element that defines, in my view at least, the strongest practical element of what it is to inherit a Christian political foundation. The process of secularization is thus infinite and groundless, ultimately without a moral foundation and universal design. Among its many achievements, a book like Sacred Foundations: The Religious and Medieval Roots of the Modern State (Princeton U Press, 2023) has the ability to refine what political theology is, what it meant, and what to make of its endurance and possible iterations in our present.

Notas

1. Franco Venturi. Utopia and Reform in the Enlightenment (Cambridge University Press, 1971), 116.

2. Carl Schmitt. The value of the state and the significance of the individual, in Carl Schmitt’s Early Legal-Theoretical Writings (Cambridge University Press, 2022), eds. Zeitlin & Vinx, 215.

3. See my “Schmitt y Hart: los puntos fijos del concepto de derecho”, 2022: https://infrapoliticalreflections.org/2022/11/07/schmitt-y-hart-los-puntos-fijos-del-concepto-de-derecho-por-gerardo-munoz/

4. Carlo Galli. Genealogía de la política : Carl Schmitt y la crisis del pensamiento político moderno (Unipe, 2019), 301.

5. Jorge Dotti. “Sobre el decisionismo”, en Lo cóncavo y lo convexo (Guillermo Escolar Editor, 2022), 391.

Bernard Berenson Carlo Levi dialect dialectic modernity Mystery painting Pasolini Poetry Theology TJ Clark world

After plasticity: on Heretical Aesthetics: Pasolini on painting (2023). by Gerardo Muñoz

Pasolini never ceased reflecting upon the painterly nature of the image outside of both literalness and abstraction. In Pasolini we are accustomed to be exposed to a set of antinomies: image and depiction, tradition and the primordial, figuration and the tactile, the world and its fragments. The publication of his miscellaneous writings on painting (and painters of the Italy of the 1950s-1960s) Heretical Aesthetics: Pasolini on painting (Verso, 2023), edited by Ara Merjian and Alessandro Giammei, provides depth and substance to document Pasolini’s insistence to the pictorial activity as an index of unmediated expressivity against the domestication of the accelerated capitalist form that soon enough will generate devastating consequences for idiomaticity and the pregramatical expression of a living culture. It is not too far-fetched to claim that painting remained for him a necessary condition of the cinematic; a specific craft that fundamentally rejected the impulse to naturalness and its mimetic performance. Pasolini remains attached to painting as a form of embodiment, a corporeal resource, and an energetic surface of positioning of light.

After all, as the editors of the book remind us at the outset, Pasolini was after the “plasticity of the image” (37). And plasticity pushes the dexterity of human creativity, but it is something else as well: it is a line of expansion into the prehistoric when it comes to the frontier of appearance. And perhaps Pasolini would have agreed with Gianni Carchia’s indictment in Il mito in pittura (1987) that the attempt of realizing appearance – even at the cost of failing at it – is the fundamental metaphysical node in which the entire history of Western painting stands. A good painting elevates itself to supreme theology, as Luca Giordano said of Velázquez. The problem of appearance in Pasolini’s scene of writing on painting is registered through partial indications: the tone of detailism, the violent and free moving impressionism, the struggle for stylistic contamination, or in the “fragmentary chromatic and interrupted aesthetic” (114). Pasolini’s eye is always accessible to the transient and expressive in a picture.

But the Italian filmmaker struggles with description of paintings, as if possessed by a permanent impatience that harbors his recurrent shortcomings. And he was not unaware: “I am not fluent in the terminology of painting, so forgive me if I sound less specific” (134). It is a declaration that does not only appear once in this collection. One could speculate that this dilemma is resolved by Pasolini in three ways: first, he can choose the painters from a personal criteria that would justify his awareness of painting as a prehistoric cultural activity. Secondly, Pasolini repeatedly alludes to the teaching of the great Italian art historian Roberto Longhi – who was responsible for the first formal analysis of Piero de la Francesca’s pictorial oeuvre – as companion and a maestro that during the Fascist interwar period gifted his students (and Pasolini among them) a different reality through commentaries on the seminal works of Italian Renaissance painting (155). Longhi’s anti-iconographical approach to the pictorial tradition allowed Pasolini a sense touch – not less real than the physical hand that caresses another body or hard surface – and the inexorable mystery-like quality of plasticity. Thirdly, Pasolini avoids coming near a possible ontological description of what, in fact, painting as such stands for him. Does it have an autonomous specificity, or an internal grammar, or perhaps an intricate dependence on other artistic activities (poetry, cinema, social criticism, politics)? Pasolini wanted to understand painting as a force of absorption even if ultimately blinding to the spectator. Nonetheless, Pasolini’s commentaries is rigid at the abyss between what painting is (or should be) and the painters or pictures that he explores in these pages.

This abyssal between word and depiction vouches for Pasolini’s unresolved tension with the nature of painting; a picture is always already dependent or attached to a peripheral phenomena that moves beyond the modern vista’s fulfillment towards totality. In fact, there are a few moments where painting is qualified, as in the text on Carlo Levi: “We are in the presence of something mysterious, ineffable. To speak about that something I can only fumble in the dark, since O a, without a proper terminology…but this ‘something’ is a mystery to me” (176). Or, when in the fragment “Dialectal painting” he suggests that “ [the dialectal tone] is not for the objective content of its figure sand landscapes, but also for the tone he uses to represent it (a tonalism drawn, we could say, from a crepuscular post-impressionism)” (81). Both fragments – so distant from each other in time; one from the fifties and the one on Levi from the seventies – provide an approximate orientation of Pasoloni’s fixation of painting in its specific muteness. This is not because it lacks language, but rather because it only speaks in its own dialect. A painted picture is always about resolving a situated uncanny appearance.

And for Pasolini only the partial profile of a picture – its superficial depth and strength of figuration, but also its lack of sentimentality and abandonment of lyricism that he would come to associate with the bourgeoisie worldview – was capable of dialectical valance, thus upending its misstep into the vulgarity of the “equality predestined and predetermined…the representation of such a world excludes the very possibility of dialectics” (186). This was his indictment of Warhol’s homogenous silkscreen prints and the general phenomenon of Pop Art and the neovvanguardias as coordinated efforts to surpass all that was past and present collapsing into “the voice of the homo technologicus…replacing history with a surreptitious and sacral prediction of history” (147). Bernard Berenson would have agreed to this: the inception of ‘knowing’ over seeing will only secure further mimetic and mystified (through mechanized and applied models in advance) points of departure for a subject of consciousness directed towards history. This is why for Pasolini the avant-garde can only “make the definition of that moment zero [of absolute beginning] profoundly insincere” (149). Painting and tradition walk along the abyss of nihilism. Only negatively can we say that for Pasolini painting is, then, an earthly activity; it is about being in the world in spite of the state of the world; attached to seeing even if the blurred limits perturb the open horizon.

The allure of a lagging postmodern and mechanized painting – but isn’t’ the eclipse of painting for the epoch as such? – for Pasolini exchanges, rather too quickly, lyricism (dependent on the romantic subject that attains it) for nuanced poetic sayability. After all, one of the most straightforward assumptions entertained by Pasolini is that “a painter is a poet who is never forced by circumstances to write in prose…” (106). A remark that comes very close to Poussin’s assertion that painting is an endeavor about the mute nature of things. The muteness of painting has granted artists the possibility to evoke the picture from poetry, as if word and image by entering into proximity can finally participate, side by side, into the mystery of appearance withdrawing from the “adumbrations of our present image-world”, as T.J. Clark recognizes it. There is something to be said in this respect about Pasolini’s long poem “Picasso” (1953) where the medium of poetry touches Picasso’s canvas only to flee from its empty abstraction, disclosing the cunning negation of the world. Or to use a trope common to Clark’s art criticism: Picasso’s fall of Icarus lacks any possible awakening in the present.

Pasolini’s last verse of the poem expresses what for him painting should avoid: “Sunday air…and his error is here [Picasso’s], in this absence. / The exit to / eternity lines not in this desired and premature love. Salvation is to be sought by staying in hell, with a marmoreal will to understand it. A society fated to lose its way is always bound to lose it: a person, never” (75-76). For him painting and Paradise are not meant to cohabitation – which bears witness to Pasolini’s long lasting commitment to the fallen modern world ascertained by the promethean durable struggle. Painting is poetically affirmed by retaining to what does not come to pass: the convulsions of this world. But a question remains: should not the distance implicated in seeing be sufficient in a fading world? Traversing this distance is the inherent divine task of painting; or, as Pasolini simply called it: “exquisite, mysterious – a new religion of things”.

Cézanne creation eternity ethos experience Freedom Mystery painting passions pictorial analysis style world

Under a single statement: on Christopher Neve’s Immortal Thoughts: Late Style (2023). by Gerardo Muñoz

In his Immortal Thoughts: Late Style in a Time of Plague (Thames & Hudson, 2023), Christopher Neve ponders whether there is something like an “experience” of late style in painting. He immediately sets up himself to the task in the last works of great modern masters, from Cézanne to Soutine. The notion of “late style” can only be raised at the definitive end of the artist’s path. The old age style is an aspotilla no longer dependent on approval and excellence; it favors inner capacity and dexterity of seeing. This is why late style is, probably, always self-transformative: it poses the notion of work under erasure as it comes near the zenith of retraction. For Adorno late style registers the failure of synthesis as well as the force of dissociation in the permanence of the catastrophic. Neve will perhaps agree this much: painting is not about fixing temporality (the density of the history, the vulgarity of the contemporary, the monumentality of the past); rather what remains is the fugitive scene of depiction. If the question of “late style” is immensely difficult to raise, that is because it resists conceptualization: it merely seeks to denote achievement and the ruinous; appearance and retreat; unlearning schematics and producing “from life” itself, to put it with Poussin’s pictorial vocabulary. Late style is not about the moment of judgement and recapitulation – it is what depiction can achieve in the twilight of creative powers. As Goethe once defined old age: “Old age is gradual retreat from appearance”. But this retreat animates the space that had remained secluded in the order of temporal abstraction.

There is no theory (and there will never be) of late style of pictorial representation. It is a question that merits the weight of description – which Neve combines, quite successfully, with that of emblematic instances of the artists’ form of life. In other words, late style does not require conceptual renditions; it demands the elaboration of strong descriptions that can grasp the resonance of a fundamental ethos. Neve glosses Delacroix’s ethical imperative: ‘only in old age does a painter finally know what sort of artist he should have been all along’. In late style there is coming to conclusion because there is a path for homecoming. This ethical dimension of the artist is neither regulated by form nor by epistemological conditions. Late style implies a stripping away of things; it bares a specific nudity: it can reveal interiority (the invariant) without argumentative absorption. If anything else, it is the non-knowledge of the gesturing hand. Neve points calls this “statement” when offering a treatment of Rembrandt’s old age: “…technique and the process of getting older, and that this was somehow done all in one, summed up and expressed undeniable and in confidence of one blow and as a single statement. And I wished that all painting could be like this” (46). We suppose Neve’s desire as hyperbolic, since painting under a single statement also implies the moment when the picture approaches the abyss between the hand and the order of reality.

Painting gravitates towards a single statement when it surpasses life by taking death seriously. There is much truth in reminding that the work of art aspires to its bare lyrical moment of decline and unworking of itself – this was also Cézanne’s moment of “not being able to realize!”- in order to flee from the objective fixation of the “thisness of nature”. Painting assembles a transfigurative force against the temporal succession of the pro-duction of a specific work on a surface. As expressed by the old Pisarro from the window of his studio quoted by Neve: “A little more work before dying” (54). True, nothing else but painting mattered to Pisarro, as Neve reminds us. Now, does this mean that he is holding on to the unchanged and muted essence of things as a “metaphysical solace” in the face of the whirling of a world in chaos? Perhaps there is something to this suspicion that must be reckoned with – painting comes close to theological presuppositions insofar as creation unsettles a disenchanted world and its fictitious mimesis. Alas, this is a question not fully posed by Neve, but it is also one of the ways in which his book could travel without much effort. The question of immortality of a picture has a point of departure here. But is immortality conceivable as a form of solace and fallen piety? One should refuse to ask this question in the form of generality. The works Titian, Goya, Cézanne, the dreary and posthumous glory of Velázquez or the suffering Soutine during the Nazi occupation are all efforts to pose the problem of late style painting as the ethical attunement of each artist.

In the most elevated and charged moment of Neve’s efforts to grapple with the notion of style he recurs to Soutine (and it requires us to turn to the picture “Children playing at Champigny” from 1942): “What you are seeing, when Soutine paints the Auxerre trees, is what I think happens in the work of most of the artists I haven written about here. This storm of temperament is true painting, an inexplicable combination of seeing, feeling, memory, response, imagination, and profound oddness. And so he turns away in exhaustion” (122). Late style registers the collapse of a possible fulfillment with the world by indexing a detour to the point where realization seeks to “return to simplicity and order”. Truth indicates the literal thereness on the surface devoid of illusions. So, solace does not have the last word; this is not how a painting subsists under a single statement. And that accounts for the ultimate risk: the ethical presupposition of painting exposes the artist to the “terrible freedom” as the distance between the passions (temperament) and the gesture within profound disorder and arbitrariness of nature.

Someone like Carlo Levi will find himself at home: true freedom cannot begin by the suppression of the passions in the name of interests; rather, the burden of freedom is the caesura of passions that displaces the otherwise inexorable fear of civilizational progress. Painting as the event of truth dethrones fear as the primary attunement in reality. Through our emperament one finds the exit from alienation, gathering the moment of depiction into order. There is a gentleness of freedom in the mutual self-supporting carrying of things, as Kurt Badt saw in Cézanne’s old style. And this might be the tragic element of painting and its fundamental antinomy.

For Neve this means nothing shorter than “the world reduced to a series of prodigious impulses, the revelation of the inner intact, the change taken to see the universe in a new light at the risk of failing utterly” (130). Late style is what reveals inner intact to the fruition of exteriority – this is the compass of visibility. A failed world followed by decline – two terms where mythic transfiguration moves painting to the eccentric luminosity of altering the jarring relation with the world. Old style enacts a catastrophe that refuses the insolvency of pulsation that binds character to the harmony of form. One might add that it could very well be that painting is, as revealed in the abyssal caesura of a late style, a stated mystery: a passionate life that profoundly perturbs the world, a transcendence that falls into an irrevocable eternity.

Carlo Diano clinamen event experience form of life friendship kenosis Lucretius metaphysics physics senses serenity truth void world

Naturae species ratioque. On Guillermo García Ureña’s Las semillas y el vacío: pensar con Lucrecio (2023). by Gerardo Muñoz

Lucretius’ poem De rerum natura is one of the most used and abused texts of the tradition, and like all classics it has had the most diverse receptions imaginable: the poem of modern science, a baroque expression of creationism for the English metaphysical poets, the precursor of historical materialism and atheism, and a tract of scientific positivism that laid the foundation for the regulation of nineteenth century social order. Once a text becomes an emblem, it usually means that it has lost its prehistoric imprint and place in the tradition. Against this backdrop, Guillermo García Ureña’s just published Las semillas y el vacío: pensar con Lucrecio (La Oficina, 2023) has the prudential gesture of disclosing the great Roman poem to its fundamental structure; attentively listening to its original complex articulation difficult to grasp with the categories of modern philosophical thought. In this sense, Ureña’s purpose is not to deploy another “philosophical account” of De rerum natura – endorsing and subscribing the influence of Epicurus and its later resonances in modern theories of physicalism and materialism of the continental schools – but rather to engage in its own ground exerting an original philological exploration of the text that opens up an array of different problems for thought. Whoever is looking for a “theory” of Lucretius will find none in this brilliant and well articulated essay. But the reader will find, nonetheless, a comprehensive hermeneutics of a text that stands as a threshold between the closure of Greek classical antiquity and the Roman reintegration of the tradition. Now, for Ureña De rerum natura proem discloses the originary understand of the epic, or épos, through which the stability of the things as they appear takes place; whether it is the Muses, the gods, being and language, the simulacra or the soul, the physical declination of creation (the atomic clinamen) and the final document of language invigorated in the corpus of the poem itself. De rerum natura is both a cosmology and a poetics with the ambition of elucidating the most obscure things of this world: Lucretius’ text defies a fixed representation through a choreography (a term that it is not used by Ureña, it must be said) that discloses the possibilities of worlds; the combination of worlds only to posit the question of how to live within them, which is another way of saying how to account for a form of life.

One of Ureña’s commitments is to hold on to Lucretius’ aesthetic and philosophical autonomy. This implies treating the influence of Epicureanism with great care; engaging with Epicurus insofar as the aesthetic autonomy and its loci of poetization reject the classical structure of the epic hero incarnated by the soteriological impulse of the great poet-philosopher (we know that this is the same problem that centuries later Hölderlin will identify through the tragic drama of Empedocles). Lucretius is writing after the twilight of the classical Greek genres. Furthermore, there is no community under an organized program of leadership and telos; on the contrary, there is only an existence that “one day will want to desert all of us” (41). True, the Epicurean notion of serenity (ataraxía) is retained and treasured; but only as the aspiration of every living being who seeks to transfigure the shadows of superstitiousness and fear that govern over the perceptive mediating forces in the world. In this sense, to dwell in the world does not consist in the limitless relationship with the simulacra; it is rather, the self-transformative exercise of freeing possibilities within the void in which forms of life can emerge. As Ureña reminds, the rainfall of the atom is as fast as that of thought itself. It is already an image of thought, as well as the figure of imagination. And the image of thought validates the history of cosmos as a patchwork of accumulations and deflections, creations and destructions, repetitions and disintegrations in a swerve of forms that infinitely recline on its ethical possibilities (139). It is altogether interesting that Ureña reminds us that, in fact, De rerum natura is not interested in staging the things in Nature; on the contrary, at the center there is the question of the ‘nature of things’ in the luminous expression of their irreducibility. This is what modern onto-theological closure brings to a process of domestication, whether through the composition of the civil structure (limitless exchange according to philosopher Felipe Martínez Marzoa, who figures prominently in Ureña’s book) or through the progressive historical structure commanded by the essence of technology that blurs the relations between forms and techniques.

If De rerum natura abandons universal history and historical narration, it is because its structure is profoundly kenotic: it can only be assigned as contingent historical transmission of the most immediate and sensorial (not necessarily “true” in the metaphysical sense) that allows the convergence of the history of forms of life and natural history (140). The operation of subtraction implies the transfiguration of freedom through the becoming of forms – their interests, constructions, and pacts (foedera naturae) as guarantee for a plastic relationship between things in a world that is always already a fragment in the void. The highly attractive Lucretian notion of foedera or “pact” (that expresses separation in coming together: a com-pact that de-compacts) is almost the inversion of the modern principle of irreversibility, if one were to take Hans Blumenberg’s legitimation hypothesis at face value. And this is so because a foedus or pact is insufficiently strong to resist the impact of the clinamen, but indispensable for the emergence of a body that materializes its own fate towards dissolution.

The lack of unity of being allows for the existence of simulacra as that which does not have sufficient matter to compose itself as foedera; and so, it is a material semblance as an image without figure that makes it an ephemeral entelechy. In this choreography between the downwards of atoms and ephemeral intermittence of events the taking place of the world emerges a topoi of a combination of rhythms that intertwine the weight of bodies and the animation of souls. The possible combination and stylization of multiplicities in separation is the way in which a form of life emerges as the desertion from superstition and fear that hinges upon the irreversible stabilization of a principle of reality. Ureña does not go this far into the wager of Lucretius’s text – and he does not have to in his close reading of the text – but it is precisely this thick dimension of the ethical primacy that makes Lucretius’ dislocated comprehension of materiality a vibrant tune against the weight of alienation that we are still struggling to abandon.

The struggle against the alienated life – the alienation from the world, and the external manipulation of the simulacra that has become a gnostic planetary form of “TV Democracy’ (Schmitt) of the “society of the spectacle” (Debord), which implies the usurpation of our imaginal and erotic relationship with the world – well understood, does not mean to relocate the confrontation at the level of political order; it rather, rests on what we have understood by order and disorder for the reconstitution of a happy or contemplative life (naturae species ratioque). This serene life declines the offer to negotiate at the arena of sacrifice and legitimate domination, favoring the event of friendship. At this point Lucretius comes closest to Epicurus’s society of friends – studied by Carlo Diano in an important 1966 conference in relation to the organization of the passions and the transmission of love – that can guarantee a content life in the presence of “other joyous gazes” (glossing Diano’s terms) away from the persistence of war and the compensatory administration of pain. This is the ultimate treat of De rerum natura: the exemplary dimension of the serene life takes shape through the community of friends, the civilizational invariant of the human experience (prehistoric times, the classical epoch, and in our times) that abandons the paradigm of perpetual war that obfuscates omnia cordi.

It is not too ambitious to claim that only at this point we finally grasp the full extent of the Lucretian épos: not just an ephemeral and contingent declension of the primacy of atoms in the void; but, more importantly, it can disclose the irreducibility of an experience with friends. Ureña wisely closest his book with an image of the “buena vida en compañía” (the good life in companion) that insists that serenity is only possible (or desirable) in the open landscape, a nowhere-land of an eternal foedera (or a sinousia, as it appears in Plato’s Symposium) that even if temporarily too short-lived or inconsequential it paints an earthly paradise just above the grass: “poder tendernos unos juntos a otros en el césped suave, cabe un arroyuelo, a la sombra de un árbol copudo, y regalar el cuerpo sin grandes dispendios; sobre todo si el cielo sonríe y la estación del año esparce de flores el verdor de la hierba (II, 29-33)” (203). It is this inconspicuous and mute experience that strangely holds on to the passing of the world.

distance existence figure Freedom idea Kurt Badt Nihilism painting Paul Cézanne realization sensation temperament thing world

On Cézanne’s pink stripe tablecloth. by Gerardo Muñoz

The title of the painting is “Still Life with Apples” (1894) housed at the Getty. Like many of Cézanne’s pictures of the 1890s we have a sense of immediately entering into an space warped by distance and nearness that lavishly seals the scene. We feel that something has taken place; after all these are pictures of an event, but only concealed to us. We are given the sense of that experience, which is the fundamental thing to depict for Cézanne. Now, if Clark is correct, then it is true that Cézanne’s still life painting was meant to annihilate the objectivity of the world through a study and stubborn simplicity; although simplicity never amounts to synthesis. On the contrary, what preserves sensation over absorption remains at a distance: this is the narrowing act of simplicity as a fact of style [1]. The depiction of appearance is a problem for Cézanne precisely because painting now stood (late nineteenth century), as Kurt Badt well observed, as the last metaphysical activity in the face of Western nihilism [2]. There is nihilism, an unbridled chaos – and thus painting aspired to accomplish a different form of order, a transfiguration through sense. A higher order subtracted from representation. Thus, the outpouring of sense was everything to Cézanne; nothingless than the attunement of the relationship between depiction and nature. Thus, nearness and distance stands a problem in the picture itself: what is most apparent is what Cézanne seeks to qualify through depth and singular brittle rigidity.

As he would write to his friend Émile Bernard: “In order to make progress in realization, there is only nature, and an eye educated by contact with it….I mean that in an oregon, an apple, a ball, a head, there is a culminating point, and this point is always the closet to our eye, the edges of objects recede towards a centre placed at eye level. With only a little bit of temperament one can be a lot of painter. All you need is an artistic sensibility. And doubtless this sensibility horrifies the bourgeois” [2]. This is Cézanne’s permanent struggle (a non-subjective position, that is, anti-Romantic) struggle: the impossibility to “realize” and to complete a picture as the heart of the mysterious vortex of the execution of depiction. This clears the entrypoint to the problem of the “last metaphysical activity in the wake of nihilism” that Badt consigns to the activity of painting: pictorial art can reveal the unrealizable in every work; but it is no less true that all works fundamentally have an asymptotic inclination to the potential of realizing the idea. The achievement of that impossible nearness attest to the achievement of painting (or to its consummated failure).

The unrealizable in Cézanne’s painting, however, is not merely indexing the unfinished gesture of the brush in a scene or a series of selected objects; rather it is the condition of possibility for entering into the world through a medial common existence between things, however fragmentary within the whole. The unrealizable dimension is never a conscious attempt for a spatial unity to be fulfilled; it is alienable by a stylistic reduction at the moment in which it ceases to belong to the painter’s cognition. This is why Cézanne’s pictorial project – more so than Pisarro’s anarchic affinities and political flirtations in the late nineteenth century – has radical consequences for an opening of freedom that is grounded on the senses (and what it means to be ‘free in the senses and the passion’, in each temperament), allowing experience to decompress the formalistic representational conditions of bourgeois civility. Indeed, Cézanne’s work – and the world it depicts, the opening towards things as a whole but through separation, having in common precisely alienability – does not aspire to be legible in the social, which is the ideal space of exchange and metaphorization, recognition and reification as image. The social is the limitless spatiality in which anything can enter, as anything can stand for any other thing. Or, to put it more concisely: painting seeks to let things be things in their interchangeable nature (without the anxiety over fixing an image of Nature).

Paul Cézanne. “Ginger Pot with Pomegranate and Pears” (1893), Phillips Collection, Washington DC.

Cézanne inadvertently knows that whatever fate in the wake of nihilism awaits “painting” (soon to be utterly destroyed and displaced by the conceptual and object driven monstrosity of the modern vanguard), the effort to “realize” in painting meant holding to experience of depth as the only guarantee of an existential freedom. Surface and depth will remain on the side of the insistence of an appearance without predicates proper to theatricality. Kurt Badt poignantly captures this in Cézanne’s “old age style”: “There is no longer anything in our sensory experience of seeing which corresponds to what thus becoming visible; what is shown nis rather the visible picture of the concept of freedom. For the thing common to all these forms of the “style of old age” is two-faced: negatively it is a ligeration from isolation and resistance, possibly a liberation to the serious gentleness of freedom” [4]. And gentleness means letting things be: the serene elevation to irreducibility, upholding them only in the proclivity of its contact; never fully absorbed by surrounding and revealing its state of harmonious composition. The task of depiction in painting is the impossible task- but the task nonetheless thoroughly achievable through the hands of the painter – of coming as close as possible to what has actually been experienced. Having affirmed (not necessarily achieved) something like a fate-like divine temporality in painting is able to ground worldliness as transcendent only to let it fall immediately after. And what fate is to character, for Cézanne ‘that which is preserved unchanged’ is the supreme tonality of the pictorial task realized by the restraint of the artist [5].

But precisely to depict immobility, the forever permanent, the befallen weight of the conatus essendi (what preserves itself as such), painting has to mobilize a minimum motion for the confluence of objects, planes, and emergence of depth. The pink stripe tablecloths that appear in several of the 1890s still life paintings with fruits can be very well taken as a multum in parvo of the declension in every realization. In a sense, then, the pink strip is a signature, as if were, of the gathering of things and depth at the price of unrealizing the closure of integral depiction. It is precisely the pink stripe in which it becomes realizable in a single brushstroke that the place of the line appears otherwise, crowning the mystery of painting as the clearest manifestation of a different musical order. It is the mysteriously nature of painting, which barely introduces itself as a line substitute for a color (the color of the tablecloth as a thing) that, while remaining visible to the viewer, cannot but reveal the invisible; that is, the temperament of the artist attuned to the muteness of painting, to say with Poussin. And perhaps this is the highest moment of depiction in the search for the “integrity” of “wholeness” that, in turn, grants the instance of the unconcealment of truth. A lace plotting what has already been validated in the irrevocable thereness of the most inapparent existence: an eternal state in the world.

Notes

1. Maurice Denis. “Cézanne II”, The Burlington Magazine for Connoisseurs, Feb, 1910, 279.

2. Kurt Badt. The Art of Cézanne (University of California Press, 1965), 181.

3. The Letters of Paul Cézanne (Getty Museum, 2013), 342.

4. Kurt Badt. The Art of Cézanne (University of California Press, 1965), 313-314.

5. Ibid., 161.

administrative law Chile civil society constitutionalism economic theology gnosticism institutions Martin Loughlin painting political form Poussin Rodrigo Karmy social rights soul subsidiarity

Constitutionalism and sense. Text for “Legal Crisis in Chile” Session, Red May Forum, 2023. by Gerardo Muñoz

It has been said repeatedly – in the best hyperbolic spirit, no doubt – that Chile always stands, regardless of the angle from which we are looking, for what is to come in our epoch. The Chilean laboratory prefigures the coming mutations and solidifies the effective tendencies of public powers. The 2019-2023 political cycle is no different: it began with the experiential revolt at the heart of the metropolitan center, and it culminated with yet another constitutional scene seeking to replace the “constitución tramposa” now at the mercy of those that hold a deep admiration for the post-dictatorship subsidiary state. The newly elected advisors and experts will place the final cap to the momentum of institutional transformation, which welcomes back the official garments of public legality, official languages, and grammars of public security. And even if it is true, as Rodrigo Karmy has argued, that the most recent electoral results confirm the exhaustion of the Chilean post-dictatorship regime, the question posed to us is what capacity can constitutionalism and the constituent scene contribute for any possible transformation. [1]. In other words, can a breakthrough be produced from within the conditions of constitutionalism? As Martin Loughlin has recently demonstrated, our historical epoch is one marked by the irreversible triumph of constitutionalism; a design that differs from the modern constitutional state of representation and legislative legitimacy, envisioning an encompassing “dynamic order of an evolving society rather than an authoritative text, the basic ideals of constitutionalism have been realized” [2]. Constitutionalism emerges in the wake of the end of the liberal presuppositions of modern political theology and everything that it implies for the stability, separation, and judicial control of public powers.

The system of constitutionalism presupposes a total governmental nexus whose legality (discretionary, exceptional, based on the application of general principles / ius) will be treated as “an order of values that evolves as social conditions change” [3]. The passage into an administrative system of legal order presupposes a suture between principles and political necessity, state and civil society, economic rationality and executive planning and oversight. The old paradigm of the modern “dual state”, theorized by Ernst Fraenkel in the 40s have now supplied an internal abdication of positivist jurisprudence and minimalist constitutional framework, paving the way for the total constitutionalization as a flexible art of governance. Although it has been said that the first constitutional drafting of the new Chilean constitution was confusing and overtly ideological (a “magical realist” menu of rights and everything under the sun, one contemporary jurist called it), there is still something to say about the veneer of “social rights” within the epochal system of constitutionalism [4]. It is at times forgotten that the abundance of enumerated social rights implies the infrastructure of constitutionalism to bind legal, political, and social spheres into a regulatory apparatus without fissures. To govern the social means steering over the abstraction of social values. There are good reasons to discharge skepticism against constitutionalism, and they keep coming. Of course, the argument of skepticism, alas, rarely has good press (it fails to provide an insight into totality, Max Horkheimer famously argued), but I do think it is necessary to reclaim skepticism in the wake of the systematization of public constitutional principles [5]. Skepticism demands separation from constitutional absolutism and the legal nexus in which social action interaction finds itself. The skeptical position in the face of constitutionalism at its most minimalist bearing insists in the separation of life from law, of experience from political order, of expression from the order of rhetorical mimesis. The skeptic might not want to negative law as authority; but it wants to refuse the post-authoritarian conflation of life and social rule underpinning political domination.

To be able to see beyond the framework of constitutionalism is the task at hand, especially when the old predicates around the political subject and the social contract make their way back from a position of weakness and desperation (another way of saying that morality returns as nihilism). But one does understand its success: it is a compensatory psychic mechanism for the ongoing existential pain under the abstract orderability of the world. And where there is pain, there is also an accumulation of experience that pokes through the fictive state of things, refusing the objective staging of phenomena. Simply, it refuses to be absorbed by what’s available. At this point it becomes impossible not to recall the October revolt for one particular motive: mainly, that its emergence did not favor social demands nor was it driven by the grammar of a political program. Every experiential uprising has an aesthetic dimension – or even better, pictorial set up, a canvas of everyday life – that we have yet to rediscover. Painting from real life is no easy thing, some painters have told us. And something similar goes for the revolt: an alteration of gestures, inscriptions, graffitis, and corporal tracings, dissonances and masks color the expressive discharge against the pledge of objective realism and the police of languages. Indeed, pictorial skepticism can only emerge when there is an excess to representation; that is, when there is a sensible stubbornness to enter into contact with the unfathomable of the world as such. The world and its others, one should say. This pictorial dislocation of reality dispenses a rhythmic structure of the senses that is neither chaos nor destruction, but an arrangement of a different sort: the communication between souls (from soul to soul, Rimbaud had said) without regulatory mediations through the tokens of recognition and filiation. The rhythmic movements provide a spatial continuation devoid of justifications [6]. This is why pictorial semblance tells us something that language or the science of politics cannot. How can we last together as a community that is not?

Pictorial dislocation wants to claim distance and separation the non-totalizable while being there. Let us take a painting like Nicolas Poussin’s The Abduction of the Sabine Women (1633-1634): here we have a complex composition ordered around rhythms and modes of figures and distances; the possibilities of communication between forms and the expressivity of the figures hold everything as if in a state of grace. What is striking in the picture is the subtle mounting of activities and gestures without ever falling into the sublimation of the concept. There are no guidelines, and yet we feel that everything communicates. Or to put it in Poussin’s pictorial terminology: “what follows is unlearnable” [7]. I do not think that the painter tried to posit a negative foundation of knowledge for an even higher learning; rather the unlearnable is a practical activity (a gesture, a word, a contact) that is both unique and indispensable; impossible to let itself be arranged into a set of alienated function for a task. Poussin reminds us of the unknowability of rhythms taking place: an uncompressed experience outside the force of systematization. We need thought to incorporate something like this exercise in rhythm.

It does not come as a surprise that a conservative scholar during the first months of the October revolt hypostatized the event as a “gnostic program” claiming that: “Plato’s philosophy offered a simple solution to the gnostic problem: instead of adapting the world to our desire, the task is to adapt the soul of the world…we now know that public order is the our most urgent occupation” [8]. Needless to say, and as Díaz Letelier noted at the time, this was a political Platonism devoid of chōra as a nonsite of our sensible imagination that allows the renewal of the creative experience with the world [9]. There is no ‘common sense’ as the pragmatists of realism assert with conviction; there is only the sensorial passage allowed by the chōra. This is what constitutionalism needs to pacify and incorporate: the battle over the status of the soul at a moment in which material goods and its economic arrangement (and in the Chilean case, its negative subsidiarity principle) becomes insufficient for the psychic production of a rectilinear subject (a masculine subject, Alejandra Castillo would claim) [10]. The postliberal constitutionalism as it stands (and it is postliberal because it cannot longer said to appeal to an internal principle of positive norm nor to a source of ‘Higher Law’, but to the executive command of the principle); a world legal revolution of governmental administration of anomia, amounts to a systematic offensive that exceeds mere material appropriation or personal liquidation. And this is so, because its ultimate mission is the “soul murder” (seleenmord) that currently stands as the basic unit of the ensemble to govern over socialization [11]. Constitutionalism now appears as the last avatar of Americanism. Perhaps there is no higher and modest task at hand than affirming the medium of the chōra that preexists the submission of life into the polis, and which retains, like the pictorial gesture, the unlearnable and the unadaptive. Only this could slowly render another possible sense in the relationship between liberty and law.

Notes

* This text was in preparation for the conversation panel on the current legal and political cycle in contemporary Chile with Alejandra Castillo, Rodrigo Karmy, and Philip Wohlstetter that took place in May 31, 2023 at the Red May Seattle Forum. The conversation is now archived here.

1. Rodrigo Karmy. “Ademia portaliana: algunos puntos para el “nulo” debate”, La Voz de los que sobran, May 5, 2023: https://lavozdelosquesobran.cl/opinion/ademia-portaliana-algunos-puntos-para-el-nulo-debate/05052023

2. Martin Loughlin. Against Constitutionalism (Harvard University Press, 2022), 11-12.

3. Ibid., 161.

4. Pablo de Lora. “Constitucionalismo mágico”, The Objective, May 2022: https://theobjective.com/elsubjetivo/opinion/2022-05-07/constitucionalismo-magico/

5. Max Horkheimer. “Montaigne and the Function of Skepticism”, in Between Philosophy and Social Science: Selected Early Writings (MIT Press, 1993), 265-313.

6. Rodrigo Karmy. “The Anarchy of Beginnings: notes on the rhythmicity of revolt”, Ill Will, May 2020: https://illwill.com/the-anarchy-of-beginnings

7. Avigdor Arikha. “On Nicolas Poussin’s Rape of Sabines and Later Work”, in On Depiction (Eris | Benakis Museum, 2019), 112.

8. Manfred Svensson. “Una revolución gnóstica”, The Clinic, November 2019: https://www.theclinic.cl/2019/11/25/columna-de-manfred-svensson-una-revolucion-gnostica/

9. Gonzalo Díaz Letelier. “Un platonismo sin khorâ”, Ficcion de la razón, December 2023: https://ficciondelarazon.org/2019/12/04/gonzalo-diaz-letelier-un-platonismo-sin-khora/

10. Carlos Frontaura. “Algunas notas sobre el pensamiento de Jaime Guzmán y la subsidiariedad”, in Subsidiariedad en Chile: Justicia y Libertad (Fundación Jaime Guzmán, 2016), 123.

11. Ernst Jünger. The Forest Passage (Telos Press, 2003), 93.

Aby Warburg amore fati civilization cosmos Elizabeth Sewell ethos experience form of life Gianni Carchia music myth natural history Orphism Poetry politics Use voice world

Treasure of the earth: on Elizabeth Sewell’s The Orphic voice: Poetry and Natural History (2022). by Gerardo Muñoz

Written at a time when the sciences of biological life were becoming fully integrated to technological and procedural social experimentation, Elizabeth Sewell’s 1960 The Orphic voice (nyrb, 2022) dared to pose the question of poetic myth as the mirror of scientific transformation of the modern world. Given that myth reopens the question of poetry and the natural world, for Sewell the modern exposure entails a profound misunderstanding: it is not that myth has eclipsed from the developments of scientific regime, but rather that science is incapable of absorbing it through its formal explorations in a system of subdivisions, classifications, and applicabilities. But for Sewell, it is myth itself that conditions scientific activity, providing ground for the discovery of situations and play in the world of forms. In other words, it is the persistence of myth in biological imagination the real forgotten path in the crisis of the transmission of tradition in a world aligned by the movement of scientific objectivity. For Sewell’s understanding of myth, there is no positive dialectical movement between myth and calculative rationality; rather, myth is what stands for the irreducibility of life in the cosmos. It is the very mystery of the anthropogenesis of creation as pure metamorphosis of forms. Why Orpheus, then? For Sewell, the orphic figure becomes “myth as a living thought and the very type of thought in action, and for all those other self-reflecting forms; for the human organism as an indivisible whole trying to understand itself….for biology reflection on the whole span of life in which thinking man appears as the last enigmatic development” (41). Orphism is the natural prehistory of becoming. This implies nothing less than reminding modern science of its “mistaken mythology”; as it is poetry – not mathematics or a scientific theory of language – the proper site for the adventure of life.

The strange career of orphism in the modern age is one of struggle, according to Sewell. A “struggle” that accounts for change, process, organism, and life” in an epoch that thinks of itself as definite and irreversible; completing the demythologization of the old gods and the ultimate achievement of secularization. Unlike for Oskar Goldberg for whom the civilizational regime of fixation of humanity is a matter of thousands of years (at least since Cain); for Sewell it has only bern a couple of centuries that has led to an esoteric experimentation with natural history in the wake of his postmythical substitution. At bottom, her task is to bring together, once and for all, the voice of Orpheus and “natural history and poetry, had not parted company and it only remains to try to bring them, after their long and wintry estrangement, back to one another” (48). This is the central task of the modern poet, Sewell seems to tell us: to wrestle the potentiality of myth to craft the a “model of thought” that transfigures the logical framework of rational thought into a “flexible and plastic” (beweglich und bildsam) play between form and formlessness that becomes inalienable from the metamorphosis of nature. This does not mean that all modern poets are orphic; and, I am not sure that Sewell will go as far as to accept that all orphism comes in the form of poetry (this will be of scarce persuasion). What the Orphic voices are saying “is that the poet and his world is part of natural history…it is postlogic” (153). The postlogic stands a tenuous and loose term to avoid the supreme autonomy of reason of scientific modernity. Rather than a tool to understand the causation of natural processes, or a set of artificial strategies for representation, the postlogical poetics is the music of a world as being transformed through experience and immersion. It is no doubt strange that Sewell calls postlogical method to account for the permanent overflowing of the orphic voice; although it becomes clear that she wants to think of it as a utensil inseparable from the form that it makes. In other words, the “method” stands for the possibilities of use through the attunement with worldly phenomena. Postlogical method wants to give substance to how well we construct and tailor the potent infinity of form. As Sewell writes: “The method, the lute strung with the poet sings, consists in the use of the self, and mind, heart ,as well as intelligence, as an instrument of wider interpretation, with language assisting in the process” (168).

The free use of one’s own is surely the hardest task for the poet, as we already know from Hölderlin who grasped the crisis at the outset of Romantic modernity. The capacities of the orphic poet wants to wrestle the force of expression from the stage of history into the methodology of forms. This is what Sewell reads positively in Goethe’s Urworte and Urpflanze as the “methodology of transformations…the key to all the signs in nature” (274). It is noteworthy that Sewell does feel the need to revise Hölderlin’s poetological attempt at the insufficiency of the tragic poet embedded in the play of Empedocles mediation between the material craft of art and the aorgic excess of nature. And it is too bad that she does not (alas, Hölderlin remains the missing key for many of these problems). But it might be that for Sewell the orphic voice is not a transfigurative element, but rather the acoustic composition of the play between creation and decreation. In this sense, the bios orphikos is, not merely of this world, but also the immemorial journey to the infraworld sidestepping tragic overflowing. It is very late in her book that Sewell defines this pathways that transcends all form and contours of scientific vitality:

“The origins of all our bodily and mental powers are in an exact sense with the dead, in heredity and tradition; thus the dead are not wholly dead here within the living body. The heart and the center of the kingdom of the dead to which Orpheus goes in search of Eurydice is also the penetralia of the individual human life which pulsates and thinks…Anthropology suggest that the labyrinth of primitive man, the maze emblem and the real mazes of the caves, were capable also of being the body, and the site of a journey between the two worlds of living and dead. The orphic search here goes past Orpheus back into immemorial antiquity.” (326-327).

Immemorial antiquity – these are the wonderful markers of everything that Sewell’s book does not accomplish or flesh out in its voluminous 400 plus plages. But, it is only at this point that we are capable of understanding that what Sewell calls “biological thinking” has nothing to do with the basic mental capacities that dispenses the anthropological density of the modern reserve to self-assertion (in Blumenberg’s unsurpassed definition), and everything with a tradition of the immemorial that is creation’s most intense point of bifurcation between the living and the dead. The passage to this region becomes testament to the validity of one’s experience. This is also why the orphic voice cuts through the the subdivision of the polis and the modern autonomy of art; as it takes life through the fleeting instance of the freedom of forms in its non dependency with historical necessity and domestication, as Gianni Carchia lucidly reminded us [1].

The orphic immemorial will not appeal to a morality of nature based on its fictive aura of normative order, but rather, it will supply the potentiality of the taking place of language. Hence, it is no surprise that the taking place of the voice (its postlogical status) lifts the human outside of itself, at the same time that it retains its most absolute nearness to the symbolic strata of myth. Commenting on Wordsworth, Sewell writes: “…the first provisional conclusion on method in the poem: that each language is a treasure of the earth but that poetry is the more valuable (as if our word, postlogic, might here receive additional justification)” (358-359). The voice has never been an organ or a specific faculty that belongs properly to the human; it is the passage between humanity and its constitutive exteriority in the world. Like the harmony of the spheres, the voice registers tone in the wake of the impossibility of communicating in the murky waters of physis.

If at the turn of the century Aby Warburg had shown how modern technical civilization had ended up soaking the mythical force of the serpent from the stormy sky of the Pueblo Indians (and thus the luminous space of contemplation of man in the cosmos); Sewell’s extremely idiosyncratic essay shows, between lines and amidst rhetorical inflation, that the echoes of the mythic imagination are still an integral part of the sliding amore fati, whose “aim is the discovery of the world” (405) [2]. The lesson in our epoch becomes easily adapted: the ethical standard does not prove itself by appealing to norms and substitute fictive authorities, but rather in terms of how well one is able to attend to the incoming vibrations of forms. One can even go as far as contradict Sewell post factum and say that this is no longer a request to be made on science, which has fully ascended to the place of prima philosophia as prima politica. So, it is perhaps love (that figures so poorly in Sewell’s book in relation to the centrality of cerebral intelligence, barely making an appearance in the very last page) the symbol of the highest riches transfiguring myth into a voice that outlives the specter of humanity and the futility of the machine. If orphism means anything, it is that the voice implies withdrawing from the cacophony of a world that has imprisoned the living in the blistering entertainment of their own wrongdoing. “Flebile lingua murmurat exanimis”, signs Ovid — right, but who is still able to listen?

Notes

1. Gianni Carchia. Orfismo e tragedia: Il mito trasfigurato (Quodlibet, 2019),

2. Aby Warburg. “A lecture on Serpent Ritual”, Journal of the Warburg Institute, April 1939, 292.

aesthetic Christianity eros ethocs genialismus humanity landscape music Nietzche painting Pourtalès soul Wagner

The melody of the soul: on Guy de Pourtalès’ Nietzsche in Italy (2023). by Gerardo Muñoz

Nietzsche in Italy (Pushkin Press, 2023) by Guy de Pourtalès, originally published in 1929, has a particular texture that makes it inadequate to consider it a standard intellectual biography. Pourtalès does not follow the contours of the psychological and chronological construction; rather he is more interested in sketching out the telluric effects on the transformative tonality in the thinker’s soul. Nietzsche’s radiant affinity to Italy and “latinity” has been well known, and at stake there is the possibility of finding an exit from the grandiose enactments of the German romantic gestalt. For Pourtalès, “latinity” is the prescription that Nietzsche writes out for himself in order to maintain sanity in the world; and, ultimately, to find its own destiny and path in the face of modern nihilism. Sure thing, Italy is many things for Nietzsche: it is the zenith of his poetic relationship with the Wagners but also their farewell in Sorrento; it is Venetian music and pleasant weather; it is the open and physical form of a possible community of the Free Spirits and artistic expressivity. And Italy is also a refuge from brewing culture of force in the North through the Renaissance uomini singulari where music persists, as he writes to his friend Peter Gast: “Life without music is imply a mistake, enfeeblement, an exile” (94). Pourtalès narrative collage (the different vignettes of Nietzsche’s visits and residencies in the Italian geography) detects the philosopher’s fundamental existential homecoming: a melody of the soul in a world increasingly organized through the chaos as the essence of force. To be attuned to the melody of the soul becomes the task of the artist: “to hear and see beyond the vast “lost time” of humanity what others no longer hear or see, but just unwittingly hum as a tune, vague and wordless”, writes Pourtalès (41).

And if music is an aesthetic form of prophecy, Pourtalès’ sheds light on Nietzsche’s insistence to become a prophet of the age of nihilism: wrestling with the poignant homelessness in the human world of a postmythical age. Pourtalès insists that the “Italian experience” opens up for Nietzsche multiple possibilities to confront the Wagnerian solution through the concretion of the forced and unhealthy (these are Pourtalès’ terms) aesthetic formalization of the mythic redemption. The Nietzschean attempt (the beloved and unresolved versuch) is the final confrontation of “music versus music”, since “all philosophy is a series of events of the soul and finds its symbol only in music” (49) explains Pourtalès. This is what Italy seems to be providing Nietzsche with: the withdrawal from the intoxication of the “Wagnerian flame without being consumed by it” (66). This entails an acceptance to pain without instrumentalizing the rewards provided by the genial artistic form of the Gesamtkunstwerk and the enslaving commandments of Christianity. Wagner and Christianity now stand in the way of the path of destiny without paying dues to mimetic investments. This is Nietzche’s last battle, and thanks to Pourtalès we realize that Italy becomes the battleground for an ultimate detachment. But is it successful? Is Nietzsche as the artistic genialismus prophet able to accomplish the radical abandonment?

This is the resolute ambiguity in Nietzche’s proximity and distance from the Italian tonality. Indeed, Nietzsche seems never to have abandoned the rhetoric of the genialismus. Pourtalès quotes him: “Italian genius is by far the one which makes the freest and most subtle use of what it has borrowed…..and is thus the richest genius, the one with the most to give” (89). At times Nietzsche’s words about Italians or latinity is a metonymic for Christianity, his ultimate confrontation after Wagner, because to overcome Christianity implies to embrace the melody of life. This is why for Nietzsche Jesus is a higher form of life, whose kingdom is, according to Pourtalès (resonating here with the late work of Von Balthasar), “that of children, his faith is without rancor and without reprimand; it lives, it is itself its own miracle and reward” (100). The transfiguration of Christianity becomes a path to arrive at the very attunement of life itself, although this requires understanding love so that the “Kingdom of heaven becomes a state of the heart” (100). This nomos of the heart is Nietzsche’s ultimate and impossible search; perhaps one that does not truly find the path to a proper homecoming.

Was it due to Nietzsche’s failed efforts at finding the melody of the soul in his ruthless, cuerpo a cuerpo (“Dionysius against The Crucified”), struggle against Christianity? Were the terms of the prophetic transfiguration a mere illusion of guidance and redemptive incarnation? To put it in Cowper Powys’ lucid observation: “If Nietzsche had not been obsessed by Christianity he would have thought of Life before Christ came”. Pourtalès does provide us with another hypothesis: “Perhaps amongst the last things he [Nietzsche] understood was the profound speech of this piano, of this fiend, whose inner music he had always been the only one to hear. But no thought, no word emerged from this ruinate soul. Nietzsche expired, walled up his silence” (110-111). In Pourtalès’ interpretation, Nietzche’s lacked the central aspiration of melody of the soul: “knowing how to love”, which is obviously the unlearned lesson from the Italian landscape and the world of visuality. The fact that Nietzsche had no patience for painting according to Pourtalès says a lot regarding his incapability for an erotic mediation to escape spiraling towards madness in a desperate effort for completion. I am not saying that painting could have saved Nietzsche; but, as the last active metaphysical activity in modern nihilism (Kurt Badt), pictorial persistence is the ultimate exercise to hold on to the world from the point of view of one’s daimon. Pictorial persistence clears the illusionary strife over concepts of the tradition. Pourtalès’s Nietzsche in Italy (2023), even if only obliquely, is as lucid of a portrait as we might get in order to raise this question in a serious fashion.

Infrapolitical Reflections

Author: infrapoliticalreflections

The oath and the guardian of the constitution. by Gerardo Muñoz

Towards a new life. On Rodrigo Karmy’s Stasiología (2023). by Gerardo Muñoz

Two side notes on Anna Grzymala-Busse’s Sacred Foundations: The Religious and Medieval Roots of the European State (2023). by Gerardo Muñoz

After plasticity: on Heretical Aesthetics: Pasolini on painting (2023). by Gerardo Muñoz

Under a single statement: on Christopher Neve’s Immortal Thoughts: Late Style (2023). by Gerardo Muñoz

Naturae species ratioque. On Guillermo García Ureña’s Las semillas y el vacío: pensar con Lucrecio (2023). by Gerardo Muñoz

On Cézanne’s pink stripe tablecloth. by Gerardo Muñoz

Treasure of the earth: on Elizabeth Sewell’s The Orphic voice: Poetry and Natural History (2022). by Gerardo Muñoz

The melody of the soul: on Guy de Pourtalès’ Nietzsche in Italy (2023). by Gerardo Muñoz