Hegemony theory

Three notes on Rodrigo Karmy’s Nuestra confianza en nosotros (2023). by Gerardo Muñoz

Transfiguration. Towards the end of Nuestra confianza en nosotros: la Unidad Popular y la herencia del por venir (Ufro, 2023), Rodrigo Karmy suggests that the experiential texture of Salvador Allende’s political years amounted to a sort of corporeal transfiguration of historical time, but also of the political subject within modern architectonics of the inter-state sovereign system. The death-martyrdom brought a new world into order, radically transforming the sense of historical assumptions and its immanent refutations and accelerations. For those of all that know Karmy’s philosophical investigations working through this intuition, it is impossible not to see that ‘transfiguration’ does not entail ‘sacrifice’, but rather it implies the figure of the martyr [1]. And we also know from Erik Peterson that martyrs are absolute witness to truth of an irrevocable event; in other words, those that transcend the core materiality of the mere opinions and matter-of-factness as to remain faithful to the unfathomable to a world brought to abrupt change (and at times, this means also despair). Karmy writes: 

“Se produce así una transfiguración radical de Allende que trastoca enteramente el juego de la teología política, tal como ha sido planteada bajo los avatares del fantasma portaliano: si en esta última, el cuerpo físico termina desmaterializado en un cuerpo institucional, tal como ocurrió con el devenir del general Pinochet,  en Allende termina desmaterializado en una potencia por venir (no en cuerpo institucional), aquello que Walter Benjamin llamaba lo «nunca sido»: «Siempre estaré junto a ustedes», dice el presidente usurpado por el golpismo esa triste mañana de septiembre” [2]. 

The truth of transfiguration – and in a sense every event of truth is always carried by the energy what is transfigured – marks the incommensurable distance between the eternal persistence of the word and the historical movement guided by the precepts of civilization. Whereas the political grammar organizes itself through an indiscriminate institutional corpus and a set of moral binding obligations upon its citizens; the truth of transfiguration is the keeper of the night of the soul that, like the myth of Er, signals the passage between the world of the living and the kingdom of the dead. When transfigured, the dead can become even more lively than those allegedly “alive”; where those alive become embodied and rigid statues or mummies. As such, the energy of transfiguration remains outside the cloisters of history and its memory sites, since its realization takes place whenever there is a drift outside and beyond the suturing of the world as mere stated and enclosed fact.

Voice.  The “we” (Nosotros) in Karmy’s thesis does not signal the constituent political unity of the People nor a partisan form that can exert force towards the inversion of the sedimented historical order. In his archeological endeavor, the ‘nosotros’ indexes a non-numerical instance through the vocative raises its own question to the past. This does not imply that there is a “collective voice” that must enact its point of annunciation through representation and mediated forms; the voice emerges as an exception to the grammaticalization of the constitutional order and its statuary production as expression of legislative will. The voice is the exteriority to every scheme of reproduction. But, what is a “voice”? Following Emilio Recabarren, Karmy connects the voice to the very act of creation: in other words, a voice to the truth implies the vocative of what has truly never been there before. Like the chorā, the voice is both at the reemergence of its origin and medium rather than substance; and this is why the voice, unlike the written language, cannot be subsumed to the reification of mimesis and generative substance [3]. The voice is what every time remains irreducible to the order of discourse difference, historiographical narrativity, and the original letter and spirit of the law. And even in traditions without “Constitutions”, law cannot escape its written and grammatical framework; this is why in Common Law, the Constitutional authority is supplanted by the historical absorption of habits, manners, and tradition into the force of legal codes and binding statutes. It is a high merit of Karmy’s Nuestra confianza (2023) to reminds us that the happiest moments (and perhaps the only moment worth saving, that infinitely returns against the grain of historical progress) of the revolutionary experiences of the twentieth century are to be found in the evocation of the voice and its popular music (something that can also be said of the Cuban Revolution, for instance). This esoteric orphic thread evidences the disjointed relation between the polis and the mythic transfiguration when facilitated by the prophetic overtones of the musical nomos in the genesis of the West [4]. Hence, whenever there is a voice, the suture of politics to the theology cannot amount to the continuous transaction upon the survival and agony of the living.

Freedom from revolution. Unlike the reverential or formalist accounts written for the fiftieth anniversary of the Chilean Unidad Popular, Karmy’s essay invites us to dwell about a political experience after its epochal exhaustion: the collapse of the horizon of the philosophy of history implies the internal implosion of the modern revolution’s infrastructure (constituent power, moral justice, militant subjectivity, sacrificial energy). For Karmy to arrive at a certain nearness to the well lighted tradition of the UP is to abandon once and for all the civilizational eon of sedentary political hegemony (“a revolution in world history” bringing about the age of the nomads to an end, claimed historian Edward Gibbon) that has now paved the way for the unlimited forms of planetary government exerted through the rationality of the management of population and the distribution of the economy [5].

The farewell to the revolution and its reverse – it is well known that De Maistre claimed in the wake of the French Revolution that the opposite of the revolution is not a counter-revolution, but what is all together contrarian to it – means to put a halt to the paradigm of force (positive and immanent hostility) that has oriented actions, expectations, passions, and even dreams taxed at the fictive illusions of an abstract Humanity devoid of any possibility of happiness in the world. It is only after we can leave behind the revolutionary metaphysical mimesis that a new sense of freedom could emerge away from the dominion of the land-surveyors of the Earth. Abandoning any clamors oriented towards the future, it is now for us to attune to the everlasting traditions that are unrelinquished to the endless rubble of time. 

.

.

Notes 

1. Rodrigo Karmy. “The Absolute Gift: Martyrdom as Destituent Power”, SAQ, 122, 2023, 157-170.

2. Rodrigo Karmy. Nuestra confianza en nosotros (Ufro, 2023), 183.

3. Ibid., 102.

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

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.

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.

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. 

Can holistic politics do the heavy lifting? On Michalis Lianos’ Direct Democracy: The Change Towards Holistic Politics (2022). by Gerardo Muñoz

Michalis Lianos’ Direct Democracy: The Change Towards Holistic Politics (2022) defines itself as a social manifesto to confront the transformation of the nature of political power, public institutions, and the tradition of political representation inherited from the Enlightenment and the French Revolution. This is something that Michalis Lianos – one of the most interesting sociologists of social control of his generation – had already alluded to in his writing during the cycle of revolts of the Yellow Vests in France [1]. In more than one way, Direct Democracy: The Change Towards Holistic Politics (2022) is an expansion of this intuition; although, unlike most manifestos, the book does not take up the tone of denunciation and rupture, but rather of extreme prudence to construct and adequate itself to the complexity of our contemporary societies to a new regime of power distribution and individual empowerment. The total political alienation from public deliberation and participation is, according to Lianos, what stands in the way of people’s common interests. Institutions, political parties, the formalist separation of powers, and the legislative bodies (now in the hands of administrative agencies and corporate firms) have been radically disconnected from people’s lives to the point of becoming endogamic in its practices of decision making and public governance.

No one today can doubt the univocal distrust on all things political (a sentiment dating back to the Romantic age if we are to believe Carl Schmitt) which reminds us that the most interesting social insurrections in recent times have been against the democratic neutralization of the specific metropolitan and capital organization of administrative power. In the face of this schism, Lianos proposes a move towards direct democracy that can short circuit these institutional actors and partisan interests in order to revitalize people’s empowerment. The realization of direct democracy presupposes – and this Lianos’ propositional reinvention of the unity of politics – what he terms a new ‘Holistic Politics”, which he understands as a new civic attitude and a culture between citizens in a “holistic away, as a whole” (Lianos 2022, 2). The aim is to empower and lower public and private decision making at the scale of people’s life consistent with “social trust as the key for a happy collective life” (Lianos 2022, 3). The operative notion of Holistic Politics is, then, both a model of institutional design through the problem of scale; and, at the same time, a reassessment of the epistemological grounds of social action. In other words, for Lianos Holistic Politics should not be oriented towards putting the right answers in any social project, but rather to “ask society the right questions each time” (Lianos 2022, 9). We presume that what is “right” in the “right questions” point to an existential need of the whole, since given the plasticity of Holistic Politics, it cannot appeal directly to neither social facts (since these are always changing) nor a stable legislative agenda of higher representatives (there are inexistent for direct democracy). Regardless of these specificities, Holistic Politics does impose a need that the direct democracy will demand a greatest individual and community participation on fundamental issues raised by the social assembly list of objectives as raised by anyone in the community.

Lianos defines the problem of mitigating social issues within the framework of Holistic Politics in this way: “Holistic Politics recognizes that the most basic political process is the equal right of anyone to put forward issues for discussion and decision. So it is constantly vigilant to ensure, with specific measures that wherever exercises power is required to give answers as to the issues and priorities raised but never to ask the questions or influence how they are put. Issues are raised and ranked in order by the citizens themselves” (Lianos 2022, 15). Lianos is aware that every form of established institutional behavior ends up becoming a social habit (it has what some political scientists called, at least years back, “institutional stickiness”) , and this is why rules for immersion in social interaction must change on a regular basis (Lianos 2022, 17). It is true that rules are the infrastructure to limit social actions (this is, in fact, its unlimited possibilities); although, it begs to ask to what extent the regular change of social rules do not become in itself a habit within the very logic of exchange that defines structurally the social. To put it in different terms, it is insufficient to think, as Lianos does, that capitalism is a concentration of all entities into money form; rather, it is because there is an anterior civil form of exchange that the problem of value always emerges as an indirect force against the unit of the political (Lianos 2022, 21). If one changes the lens from strict capitalist exchange to the problem of value, then it becomes clear that what first appears as an alteration of rules in social facts could, potentially, constitute itself as an aleatory imposition of values, where the “happy life” of some could amount to the valorized “hellish life” of others. Holistic Politics in the same way that it does not say anything about values, it remains silent about the problem of institutions, even though institutions are far from being part of the stagnation of representative democracy that Lianos wants to surpass.

The central question for Holistic Politics is whether it can do the heavy lifting that it promises to accomplish. Can Holistic Politics really open up a way out of the current poverty of the species in the wake of social and civilizational collapse? Lianos seems to be aware of this question if only in passing, as he writes on the subdivision on “Foreigners”: “Holistic Politics is an approach for the entire human species at its present stage of development” (Lianos 2022, 41). This ‘present stage of development’ of the human species remains largely unqualified, and Lianos takes the route of geopolitics and the necessity to overcome the classical separation of powers. But to the extent that we are taking recourse to the human species, there is a fundamental topological and territorial dimension that we are sidestepping too quickly. At bottom the human species is a creature that steps on the Earth crust, and which today have been designated in relation (whether included or excluded) to the metropolitan regime of concentrated and amalgamated reserves for production and consumption [2]. We can say that this is the last expression of civil nihilism: the capability of putting to work; or rather, of the power to put into energy certain elements in any given structure of exchange. And we are barely raising the question here that lingers from Lianos’ assumption. It suffices to say that the spatial composition of the human species today is erased from Lianos’ Holistic Politics, which is raises enormous doubts as to whether a social assembly, the rotation of social rules, and the redesigning of democratic voting can really do the heavy lifting for what is required for this “moment” of the human species. If this is so, then Lianos’s Direct Democracy has not moved past the Atlantic republicanist tradition that placed voting and participation at heart of the democratic polity (this is the heart of the Federalist, as Sanford Levison argued a few years ago). Holistic Politics in this outlook is probably the last residue of modern politics now grafted into the regime of social organization. But we would like to be as precise as possible about this affirmation.

Towards the end of the manifesto Michalis Lianos argues that Holistic Politics brings the individual and society face to face (Lianos 2022, 114). But if this is endgame of Holistic Politics it is also where we found ourselves in the gridlock of social denomination as an extensive (and intensive) regime of adaptation; of forever changing norms, of arbitrary rule making and rule erecting, and governing through contingent situation through the balancing of cost and benefit rationality of social cohesion. In this sense, the conception of the “overall point of view of the social experience” can describe the social composition, but it cannot transcend, as alteration and changing based on needs and values is already folded within it (Lianos 2022, 90). I take it that something analogous could be said of the problem of equity and proportionality in relation to adjudication and the rule of law in the paradigm of Holistic Politics, since what has triumphed in advanced societies of the West is not the fossilized conception of the separation of powers and the empire of judges and courts, but rather the expansion of equity and balancing of principles based on a cost & benefit rationalization to adjust and transform always already mutating social facts (Lianos 2022, 105).

Insofar as it is committed to the primacy of principles of equity and balancing, Holistic Politics does not breach the current framework of value distribution for specific ends of social reproduction (Lianos might say that his ends are better and stronger since he has done away with political representation, but we are also aware that there is an autonomy of value that can be operative on the borders of the political, in fact, it no longer depends on the political unit). There is an interesting discussion by Lianos on the question of failure and social expectations in Holistic Politics – to take up failure beyond the economic penalties and social mortification of the current neoliberal regime – that open up new possibilities only insofar as we move then from and against the infrastructure of the civil exchange principle for social action. Perhaps the realism that Direct Democracy (2022) appeals to has also something to tell us here, since the current collapse of the social regime is one in which failure is abundant, regularly optimized, and rendered productive through forms that accrue greater and intensive force of valorization. But can the irruption of failure in Holistic Politics be taken as a hole within the scheme of valorization? Perhaps it is in this schism where the question of the present stage of the human-species and a politics of experience can be posited against the grain of total social subsumption. The task of a different democratic imagination should depart from this void.

.

.

Notes 

1. Michalis Lianos. “La política experiencial o los chalecos amarillos como pueblo”, traducción & introducción por Gerardo Muñoz, eldiario, Noviembre 2019: https://www.eldiario.es/interferencias/politica-experiencial-chalecos-amarillos-pueblo_132_1289123.html

2. Amadeo Bordiga. The Human Species and the Earth’s Crust (Pattern Books, 2020), 30-31. 

Police and Schools: two vectors of American civility. by Gerardo Muñoz

The conservative journalist David French has recently reported an interesting empirical fact about the social reality in the United States: according to a recent Gallup survey that measures public confidence in American public institutions, there are two institutions defended and discredited by both left and right: those on the conservative right expressed confidence in the police (about 70% or so), and those on the progressive left expressed confidence in schools and higher education (about the same percentage). This is an interesting fact only for the reason that it reveals with immense clarity – very much against French’s political idealism of overcoming the caesura – the two effective vectors of American civil society: police and schooling. In fact, aside from their divergent emphasis, progressives and conservatives agree fundamentally that policing and schooling are the indispensable elements in this moment of civil society. Let’s call it the “high modernist moment of the metropolis”.

This is why to any attentive observer of American reality, police and schooling are so intertwined and mingled with each other that it becomes impossible to separate them, and not just because there is police presence on university campuses or because the police articulates a discourse of “community” and educational instruction in their daily practice. Police and Schools are two vectors in the structure of civil society in the wake of the collapse of modern politics. In other words, what emerges after the end of politics in America is the intersection between police and school as two intersecting poles that sustain, nurture, and reproduce the axiomatic organization of civil society.

The zone of convergence of police and school is culture. Now culture should not be understood as symbolic distribution of mass consumption and public goods, but more specifically as a flexible regime of adaptation whose proper end is the optimization of the civil order. Hence, the fascination and continuous arousal of “cultural battles” in the public spheres is nothing but empty chatter of the same end: the acceleration of techniques and symbolic amalgamations in a social roundup of self-governance. When Sir Ernest Barker defined the necessity of civility as the precondition of the commonwealth, he took for granted that culture was meant to maximize singular character and conduct [1]. On the contrary, today the maximization of culture presupposes a paideia that revokes every character in the name of a flattening conduct that must be adaptive to the ends of abstract civil organization of values. If civility for Barker was condensed in the figure of the “gentleman”, in contemporary America, the figure is the nowhereman: an all-capable human-species that must adapt to the latest marching order and its temporal justifications. In this context, the police and school are elevated from social institutions to productive vectors of civil cohabitation.

It is still striking today to read what theologian Karl Barth wrote in 1928: “In paradise there were no schools and no police. Similarly, and in view of its intensity we must say specifically there was no gentleman unseen, and all the more penetrating “they” of costumes” [2]. And for Barth, it is only in the wake of Romanticism – in this way confirming Gianni Carchia’s important thesis about the consolidation of a subjective romantic modernity – that the police and the school was unleashed against every costume and against everything that stood in its way. Social abstraction is incapable of grasping this stealth transformation. And it cannot see it due to the fact that romantic civility offers, in return, a fundamental oblivion: eternal security within a hellish reality. All things considered, this is also why the United States remains the beacon of endless optimism – while being a deadly playground. The vectors of policing and schooling grammar of force expulses any possible ethical notion of paradisal life.

.

.

Notes. 

1. Ernest Barker. Traditions of Civility (Cambridge University Press, 1948), 137.

2. Karl Barth. Ethics (Wipf and Stock, 2013), 390.

Barbarism and Religion: Rome and the civil concept. Introduction for a seminar. by Gerardo Muñoz

Thomas Hobbes famously wrote towards the end of Leviathan that “Papacy is no other than the Ghost of the deceased Roman Empire, sitting crowned upon the grave thereof” (Hobbes 1985). The long shadow casted by the Roman political tradition, however, is still peripheral to the current debates on secularization and political theology, and even in the most sophisticated analysis of the emergence of the fragmented public powers of the twelve century (Bisson 2015). In this seminar (one in a series of three) we will study the relation between Rome and the emergence of political modernity by attending to the multi-volume series Barbarism and Religion (1999-2015) authored by the Cambridge School historian J.G.A. Pocock, who has arguably undertaken the most serious attempt to provide an answer (however incomplete) regarding the passage between Rome and our modern political foundations.

Through a mannerist and highly idiosyncratic reconstruction of Edward Gibbon’s magnum opus, Pocock draws a large canvas of the Roman metapolitics, shedding light on the ongoing process of economic constitution and mutation. In this first seminar we will attend to the first two volumes of the series attending to the “civil” concept as an operative mediation of public order. Our wager is that the civil is at the crossroads in the ongoing crisis of authority and global civil war. Indeed, we tend to forget that the civil is operative in the notion of “civil war” used to describe the exhaustion of institutional and political forms.

Secondly, although we will consider the historiographical and conceptual constructions in Barbarism and Religion, the main focus of the seminar is to furnish an original understanding of the civil dimension from Rome to the modern legitimization of the political. In this sense we ask: to what extent does the concept of the civil discloses a specific genealogy from the decline of Rome and into the modern state? If so, how can one understand the polarity between barbarism and imperium (politics) as the two vectors of modern imagination about public order and the rule of law? And more ambitiously: can one mobilize (departing from Pocock’s historiographical project) the concept of the civil as a historical a priori – as the historical excess to every concept (Cooper 2022) – situated in the intersections of public law, modern commerce, and the rise of the state? What accounts for the event of the civil?

Getting ahead of ourselves, Pocock writes in the last volume of his series: “…so long powerful at the meeting point of imperium and barbaricum, who after defeat became the semi-autonomous subjects of the new kingdom. This is a moment in world history” (Pocock 2015). All things considered, this seminar looks to understand “this moment” in a present in which the civil has resurfaced as the principle of a total encompassing barbarism in the wake of the flaring up of Western civilization. If after concluding the six volume series we are capable of saying something to this end, we would have found ourselves lucky.

Three comments on Michele Spanò’s lecture on patrimony as a legal institution. by Gerardo Muñoz

One of the most illuminating talks at a recent workshop at Kingston University (hosted by the Centre for Modern in Modern European Thought) on institution, legal philosophy, and political thought, was Michele Spanò’s archaeology of the institution of patrimony entitled “Patrimony and the Legal Institution of Subjectivity”. Spanò’s work for some of us has been of extreme importance in thinking about roman law, the historical school of the German legal tradition, as well as the work of Yan Thomas whom he has edited and translated for Quodlibet. Although Spanò’s lecture was based primary on notes and part of a larger project on the ‘invention of subjective rights’, it made a few transitions that thematized the legal infrastructure of property that will be perhaps fundamental to understand, and radically transform, the problem of political economy and the logic of the capital coding that Katharina Pistor has recently explored in our post-sovereign present (I have discussed some aspects of imperial coding of capital here). But it is in the invention of “patrimony” in Roman law, where for Spanò a new epochal conception between things, persons, and reality (-res) was established as a relational matrix that he termined, following the Italian legal philosopher Riccardo Orestano, a conception of law without a subject [1]. This infrastructure of a relation without a central subject of authority – a problem too complex to analyze in this simple side note – revises and displaces the more modernist-style discussion on natural law and positive law, but also intra-conceptual determinations such as the subjects and the impersonal, between rights and obligations, which are part of the long dure Roman-modern matrix of the patrimonial foundation. For me there were at least three important elements that derive from Michele Spanò’s work, which I will leave here for some future elaboration in upcoming writing project on the problem of patrimonial and civil as roman categories of modern juristic-political thought and the American context.

1. The relationality or nexus of the conception of the patrimony (a. every person has a patrimony, b. all patrimony belongs to a person, c. there is a relation between obligation and patrimony) is an early form of exchange value; in fact, it is the equivalent structure that designs the total apparatus of social reproduction and the passage from the polis to the domus (housing / domestication). In this sense, Roman law of patrimony is not about substance or morality, but about the circulation, organization, and exchange of metaphoric value codified. This ensemble appears very similar to what will later be Ernesto Laclau’s theory of hegemony. If this is so, then hegemony is not about political “articulation”, but rather its “politics” is a mere veneer for a spectral patrimony. There is no patrimony without the work of hegemony, and the form of hegemony is a reduction of value that keeps it off from the autonomy of the political. In this light, it makes sense that even a Marxist political economist like former Vice-President of Bolivia, Álvaro García Linera, understood statecraft as the development of and from “patrimonialism”, which entailed necessarily the devastation of the ecological life world [2]. The patrimonial form will ultimately transform the exteriority of the natural world into an object at the service of value.

2. Spanò offered a typology of patrimony in two phases: a. For whom is the patrimony (the personalist type), and b. For what (the functionalist type). In a certain sense, we are now in a term phase of legal adjudication: c. what are the costs and benefits of the management of a patrimony? This entails the logistics of ‘creative destruction’ (Schumpeter) into the very interiority of the legal rationality based on balancing and equity functions. For the paradigm of the cost & benefit equity the problem is no longer posed as a question of function or proprietary, but rather of thorough administration and optimization: to what extent can the risk and security of a patrimony can render X costs in relation to Y benefits of Z of the social body? Here the abstraction of the regulation of patrimony coincides fully with the domination of the social space into the juridical logistics. The distinction between private and public law spheres of the European legal traditions (ius commune and Common Law) collapses. As we have suggested in recent investigations, this collapse today is expressed on the rise of administrative law as a restituted Lex Regia.

3. Finally, the collapse implies a chiasmatic movement in the history of the archaeology of Western domination: Roman law and modern positivist law, subject and object, production of rationality and extraction of resources for production of life, the limitations of Roman Law on property and Canon Law on statutes and morality. If medieval canon law of the Church was quenched in the wells of Roman Law, then the question regarding the modern state (its presuppositions, its conditions, crisis, and collapse) amounts to the problem of institution of patrimony as a regulatory of principle of rationality and network of the legislation between spheres (legality, economic, political, rational, instrumental, etc). If there is something to be today against and beyond “hegemony” (no longer an index of politics or culture), then the problem of the patrimonial framework must be understood as a juridical-economic paradigm in which “politics” is incapable of responding to. On the contrary, it could well be that the crisis of politics is an effect of this complex archaeology that, for some of us, Spanò’s work has already started to grasp in light of the return of ‘principles’ for social maintenance.

.

.

Notes 

1. Riccardo Orestano. “Diritti soggettivi e diritti senza soggetto”, Jus: Rivista di Scienze Giuridiche, 2, 1960.


2. Alvaro García Linera. Geopolítica de la Amazonía: Poder hacendal-Patrimonial y acumulación capitalista (Vicepresidencia del Estado de Bolivia, 2013).

The regime of adaptation. by Gerardo Muñoz


The collapse of the categorial and formal mediations proper to the foundations of modern politics open up a regime of adaptation as optimized administration. In a concrete sense the well-known Böckenförde formula comes to a closure as it is realized: the liberal secularized state draws its life from preconditions it can no longer guarantee. The fulfillment of secularization entails, paradoxically, a re-theologization of the separation between the species and the experience of the world already leaving behind the temporality of the saeculum. It is no coincidence that three excellent new books recently published and discussed – Conspiracionist Manifiesto (2022), The Politics of Immortality (2022) by Marten Björk, and Adapt! A New Political Imperative (2022) by Barbara Stiegler – share a common thread: the emergence of the regulatory system of adaptation in the wake of the end of political liberalism.

In other words, the marginalization of the logic of representation, the erasure of institutional mediations, and the depolitization of life (which also entails that everything becomes measurable to the value of the political) entails the intensification of a process of abstraction that is deployed on the surround of the human species itself, increasingly optimized given the contingent transformations and irruptions. The Conspiracionist Manifiesto goes as far as to claim that the current articulation of domination should be understood as a full restitution of the nineteenth century project of positivism as the integration of science and life. Comte and his followers, in fact, thought of positivism as a world religion concerning the reproduction of life whose aim was the general crafting of society as an plastic integral organism.

The acceleration of adaptation presupposes the triumph of immanence that was already exerting its force as an indirect power in the nineteenth century drift by romantic subjectivism and expansion of conditions for action in civil society. In the regime of adaptation, the realization of action, devoid of institutional justified reasons, becomes allocated in the processes of production fitted to the incessant demand for adaptation. It is obvious that the acceleration of immanence – first expressed in the subject’s will to power and now folded into the willing slave of adaptation – has intensified in the last years or so, coinciding with the pandemic event and the generic systematization of health understood as a set of coping techniques of behavior.

Already in the 1990s, in an unpublished lecture in Hannover, Ivan Illich described adaptation as an systematization of health: “Adaptation to the misanthropic genetic, climatic, chemical and cultural consequences of growth is now described as health. Neither the Galenic-Hippocratic representations of a humoral balance, nor the Enlightenment utopia of a right to “health and happiness”, nor any Vedic or Chinese concepts of well-being have anything to do with survival in a technical system” [1].

Insofar as it is concerned with the captive reproduction of life, the regime of adaptation puts to rest any believe in positive biopolitics or the community as exception to the social. Yes, this includes even the “community of friends” that Carlo Michelsteader, in his Il dialogo della salute thought as too much of a rhetorical illusion predicated on the exclusion of suffering and death: “In the friendly communities that emerge in light of common vanity, every one lives thanks to the death of those outside the community” [2]. In short, the regime of adaptation solicits nothing else than the task of coming to terms with the principle of the civil (truly the condition of state’s authority), which in even as far as in Roman law made possible the extraneous movement of the subjectum iuris as total equivalence. The predicament of the regime of adaptation – and its irreversible apparatus of administrative law – obliges us to imagine something other than civility (the principle from the Roman Empire to the modern to put it in Cooper Francis’ terms) but without sidestepping into the barbarism of ergonomic processes that are now at the center of what is understood as life. Barbarism and civility’s straight line now bends towards adaptation.

.

.

Notes 

1. Ivan Illich. “Health as one’s own responsibility. No, thank you!”, Speech given in Hannover, Germany, September, 1990.

2. Carlo Michelstaedter. Il dialogo della salute e altri dialoghi (Adelphi, 1988).

On dispensationalism. Monica Ferrando’s L’elezione e la sua ombra: Il cantico tradito (2022). by Gerardo Muñoz

Monica Ferrando’s short but dense book L’elezione e la sua ombra: Il cantico tradito (Neri Pozza, 2022) refines our understanding of the secularization debate in the wake of the epochal crisis of modernity and planetary domination. For Ferrando this current domination is rooted in a specific retheologization that must be grasped at face value, no abstractions allowed. The force of theological domination, which has become a proper religious imperialism, expresses itself as a true corruptio optimi pessima, which Ferrando locates in a very precise intersection: the passage from the suppression of dilectio to an instrumental manifestation of electio that will culminate in the unleashed power to dominate not only the relation with the world, but the very existence of the species. If the Ancient covenant of early Judaism was a prophetic covenant with God, the force of predestination will suppress the mysterious relationship of blessed life to render a “selective process” of theological election [1]. It is only with the rise Protestantism, and Luther’s specific hermeneutical efforts to neutralize the messianic message of Paul’s Letters to Romans that election becomes the paradigm of a new government of the soul in this world, which will ultimately find its material legitimacy with the advent of the reproductive logic of capital. Implicitly building on the thesis of economic theology, for Ferrando the advent of the machine of election materializes in the theological reform that translates the universal salvation of the prophecy into a never before seen economy of the dispensing grace through wealth retribution for human labor [2].

The reformation based on dispensation (oikonomia) differed fundamentally from the Church’s idea of change rooted in the ius reformandi. As Gerhart Ladner shows, if the “idea of reform” up until modernity presupposed periods of spiritual reform through monastic experience in relation to wordly profane time, the apparatus of dispensation of election was oriented at securing an integral government rationality combining law, economy and subjective production without reminder [3]. In this light, the operation of the dispensation paradigm is twofold: on the one hand, it promotes an anti-Judaic operation of reducing Jews to a people of this world that will ultimately will be identified with political Zionism; and, on the other, it dismisses the coming of Christ as worthless, and in the best case as merely postponed [4]. For a reformed theologian like Karl Barth – at odds with the economic evangelism that ultimately triumphed in the United States and that now it extends across the global – there was only a ‘great dispensation’ putting end to the abstraction of value and the homogeneity of the time of production [5]. But more importantly for Ferrando, the triumph of the dispensatory paradigm entails a new fundamentalism of judgement based on “election” (in the broadest sense of value equity and competition) will appear as the only immanent force capable of considering every other religion and confession exterior to itself as “merely pagan and idolatrous” [6]. It would amount to the triumph of the self-made ‘gentleman’ over the outward message of Paul.

The dominance of dispensation meant a full convergence between salvation and profane economic life that will bring exteriority into a crisis in the deepest sense. This is why for the reformist mentality, its own modern image initiates the epoch of irreversibility; that is, the pure historical progress guided by the will of election and the work of grace as an exception to universal salvation. If the modern reform has been at times understood as the new regime of social pluralism and system of indirect separations (between Church and State, civil society and religion, the public and the private, etc) for Ferrando it is on the side of the theological presupposition where its most terrifying arcanum must be found: a dispensational theology whose main unity is the recurrent intrusion, training, modification, and discipline of the forum internum, that is, the administration of the consciousness of man. Whereas the felix culpa allowed for the mystery of repentance and universal salvation; the political meditation of election through accumulation and economic benefits will legitimize the new discourse on toleration, “liberty”, and even democracy as the distribution of surplus value. In this sense, Liberalism (with Locke and other thinkers of the English and Scottish Enlightenments) was born, as later understood by Carl Schmitt, with the structural weakness of “individual freedom” and maximized autonomy that will require the expanding checks of police and governmental penalties to cope with the production of effects. Of course, every deviation or movement that could put a halt to the fiction of election will find itself on the side of illegality, or turned into a remnant of a surreptitious past that must be overcome at all costs. This implied, as Ferrando reminds us, nothing less than a novel modification of the anthropogenesis of the human species.

It is one of Ferrando’s most daring and surprising tasks to show how the machine of election does not merely occupy the economic-political sphere, but that it will eventually also imply an aesthetic imperative in Northern European culture; specifically with the rise of German romantic response to the crisis of the Enlightenment and the question of “classicism” of the classical Greece. If according to Gianni Carchia the aesthetic dimension of modernity should be read as a compensatory answer to the futility of the romantic revolution in subjectivity; Ferrando’s complementation to the thesis brilliantly shows how this attempt was meant to fail at its original ground due to the mimetic appropriation and metaphorization of the Greek historical past in the aesthetics program of Winckleman and German Idealism (with the exception of Hölderlin’s fugitive position) [7]. The mimetic “hellenization” of German romanticism and its posterior afterlives (one thinks of the Stefan George Circle, and Max Kommerell’s Der Dichter als Führer) gave birth to a notion of “culture” that hinged upon the separation of the aesthetic and the religious spheres that had to sacrifice the appearance of beauty in order to attest for the dialectics of objective and subjective forms of the “Spirit”, and thus leading to the triumph of the grotesque and the aesthetic imperative of uniformity and museification. For Ferrando the German spirit of genialismus had as a mission the overcoming Latin, Mediterranean and Mesopotamian forms of life where the distinction between beauty and life never understood itself as a “culture” or objective project of enlightened intellectuals and artists on the mission to transform the contingency of poesis into the realization of the Idea [8].

Displacing this aesthetic dimension to the present, for Ferrando the intrinsic disconnect between appearance and substance of art’s truth emerges today in the predominant social morality of today’s global bourgeoisie: hypocrisy. It is in hypocrisy where today one can see the inflationary hegemony of discourse over the true organization of life that is proper to the dominant metropolitan class of the West, and its maddening obsession with identity politics or “race” oriented discourse as a moral inquisitorial abstraction (it is in this process that the notion of election appears in the least expected of places: sky color, language use, demands for inclusivity, and hyperconscious towards an invented past). The work of hypocrisy, in fact, appears as a secularized form of the dispensation paradigm that aims to normalize and domesticate every form of life that challenges its specular regime. This is why according to Ferrando – and I do not think she is incorrect in saying so – the possibility of art (especially that of “painting”), as the undisclosed of truth will disappear from human experience, as it has no place in the moral functionalism of ‘contemporary art’ nor in the discursive struggle over global communication and opinion battles (the so-called ‘cultural wars’) [9]. The aesthetic museification of the world liquidates the possibility of art’s truth. Paradoxically, in this new scenario everyone must declare himself “an artist” of their own emptiness: the nowhere men that stroll in the works of Robert Walser or Franz Kafka – who never declared themselves to be anything – in our present are flipped on their heads becoming informers of the regime of a universal politics of recognition and moral judgement [10]. These ‘bloomesque figures’ confirms in the last epochal dispensation of the Reformist revolution that the premises of subjective freedom, economic gain, and autonomy of value have culminated in a new aesthetic imperialism that is anthropological and rooted in the triumphant religion of immanence and the sacralization of ultimate values. The endgame has been dispensed in the creation of a “new man” through the sacrifice of every exteriority in man, that is, of the invisibility outside the fiction of his personality.

The paradigm that Ferrando is describing vis-a-vis the operative force of “election” is also one of profound irony, since the mechanism of predestination and election, by betraying prophetic dilectio (love), the “free election” of the moderns entails that everything can be elected at the expense of losing dilectio: the only path towards the mystery of life. This is what the epoch of irreversibility and the arrogance of historical progress has foreclosed and it is incapable of considering. But for Ferrando life remains an ethics, which she links to Eros, whose appeal to the law of the heart is neither religious nor political, but rather an instance to the disclosure of truth. As she beautifully writes towards the end of L’ elezione e la sua ombra (2022): “Occorre osservare che qui si tocca una sorta di grado zero teologico, che scivola nel mero «biologico» solo a patto di esautorare la sapienza della madre o, detto altrimenti, la sapienza come madre, custode di una legge non scritta, di un nomos del cuore, che non necessita di alcun mandato esterno per esercitare la conoscenza che gli è propria. Si apre insomma quello spazio, costantemente e variamente negato, ma imperturbabile, di cui solo la madre, in virtú di una sapienza propria della natura umana, può custodire la legge.” [11].

The foreclosure of the acoustic relation to prophecy documents the recurrent political interest in the subordination of music to the moral captivity of the reproduction of humanity [12]. On its reverse, the law of eros, prior to the moral domain of natural law and the authoritative domain of positive law, is the protection of the indestructible region of the human soul where no political, moral, or economic dispensation can exert its force. This is confirmed today by the monstrous techno-scientific interventions and dysphoric alterations in the life of children as the last utopia in the long dispensation of the anthropomorphism of capital legitimized by rhetorical force of an unending sermo homilis [13]. In this sense, what Ferrando accomplishes in this wonderful essay is to remind us that the event of theology remains outside the dominion of priests and bureaucrats and situated in the prophetic dimension of Eros (love) that guards the inclination towards beauty and the disposition to attune oneself to the prophecy of the world’s fulfillment [14]. Hence, it is not in the community or in an integralist Christian traditional family order where the sacred dimension of humanity can be retrieved; rather, for Ferrando it is in the non-knowledge reserved by the eros of the mother who never decides nor choses before law, whose nonverbal “tacit authenticity” (“tacita autenticità del legame materno”) unconceals a true experiential depth away from the the delirious cacophony of our world.

.

.

Notes 

1. Monica Ferrando’s L’ elezione e la sua ombra: Il cantico tradito (Neri Pozza, 2022), 8-9.

2. Ibid., 22.

3. Gerhart B. Ladner. The Idea of Reform: Its Impact on Christian Thought and Action in the Age of the Fathers (Harvard University Press, 1959).

4. Monica Ferrando. L’ elezione e la sua ombra: Il cantico tradito (2022), 24.

5. Karl Barth. “The Great Dispensation”, Interpretation, V.14, July 1960, 311.

6. Monica Ferrando L’ elezione e la sua ombra: Il cantico tradito (2022), 30.

7. Gianni Carchia. “Modernità anti-romantica”, in Il mito trasfigurato (Ernani Stamptore, 1984).

8. Monica Ferrando. L’ elezione e la sua ombra: Il cantico tradito (2022), 60.

9. Ibid., 91-92.

10. Ibid., 94.

11. Ibid., 106.

12. On the controversy of music as a tool to tame human’s passions, see John Finnis’ “Truth and Complexity: Notes on Music and Liberalism”, American Journal of Jurisprudence, Vol. 62, 2017, 119-124.

13. Gianni Carchia. “Eros y Logos: Peitho arcaica y retórica antigua”, in Retórica de lo sublime (Tecnos, 1990), 29.

14. Gianni Carchia. “Dialettica dell’immagine: note sull’estetica biblica e cristiana”, in Legittimazione dell’arte (Guida Editores, 1982), 21.