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 . 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 . 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 socialbody? 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.
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).
There is no question that Alice Rohrwacher’s Lazzaro felice (2018) is a marvelous cinematic work insofar as it measures up against the epoch by radically questioning the principles that have upheld what we know as civilization. This slight adjustment is critical given that ideology, political economy, or subject oriented frameworks of analysis have become insufficient to deal with the crisis of civilization. As a matter of fact, they have become functional (mere deployments of technique, to put it in Willy Thayer’s vocabulary) to the infrastructure, and its specific philosophy of History that promotes the maintenance of Order after the liquidation of its legitimacy. I would like to clarify that I am understanding civilization in a twofold register: as a genetic process of human anthropology based on the matrix of “appropriation, distribution, and production” of the world (a techno-political grid popularized by Carl Schmitt); but also as the total realization of an economic or political theology, which we can directly link to the function of “credit” (and the process of abstract dialectic between credit and debt, as a ground of a new “faith”) that is deployed as the medium of the total sum of social relations that commands beings in the world. Civilization is the general matrix of a process of optimal rationalization of the events that take place in the world, making us potential reactionary agents of the time of its phenomenality.
Aside from all the Christian and religious imaginary, Lazzaro felice is a theological film, but only insofar as it takes the irruption of the mythical remnant very seriously. There is something to be said here – and I think the film stresses this in several parts of the story – between religion and theology, dogma and the spiritual (anima), and the sacred and the commandment solicited by faith (pistis). In other words, Lazzaro felice enacts a destruction of a political theology by insisting on the civilizatory decline towards reproduction of as mere life of survival; a life that is delegated to the abstract faith of credit. In this sense, it is no mistake that Lazzaro’s homicide takes place in a bank and executed by the community of believers (capital, in the end, has already been incarnated; it is the Subject). The laboratory where this takes place is the metropolis, which as I have argued elsewhere is the site of devastation and optimization life in our epoch, which unifies world and life putting distance into crisis, in a suspense of the experiential . The consumption of the new political theology of unreserved equivalence between humans and objects is what Rohrwacher interrupts through the fable of the beatitude of Lazzaro as a life to come in the threshold of the highest phase of the metropolitan stagnation. I will limit my commentary here to three nodes that allow the Lazzaro felice to expand this critique of civilization and the principle of the “civil society”, a notion that we will return to.
First, there is the fable, a capsule of an ancient gnostic wisdom. The fable is what can radically alter evil by tipping its objective realism into a real of the imagination against the grammar of order. Avoiding the order of narration based to account for the history of progress and developmentalism from the rural to the civilization of the metropolis, Rohrwacher’s strategy resorts to the ancient craft of the fable. This is fundamental for a number of reasons. First of all, because the fable allows to withdrawal from pure counter-narrative of historical development and its justifications that allow for the interruption of the time of development, while offering a possibility of an otherwise transformation of the world. This is the gnostic texture of the fable that Hans Blumenberg identified in this form, since obscuring of the distinction between humans and animals relaxes the burden of proof of the absolutism of reality as predicated in the matter of facts . It through fables that something escapes, because there is always an image that escapes the narration of the events of this world. But the fable also offered something else: the beginning of myth as the site of legitimation for foundations of social relations. This is why, as T.J. Clark has reminded recently, Hegel associated the fable with the origin of master and slave dialectic, as a new form of domination of world once the world’s enchantment and mystery was dissolved: “In the slave, prose begins” .
The end of a paractical poetics? Perhaps. This means that the price to be paid to enter into the prose of “civilization” is to assimilate the unfathomable and invisible contours of the world into the polemos of storytelling; to be a subject of a story, and as a result, of historical transition. This is what civilization mobilizes through the fable as its posited legitimacy. It is in the fable where the abyss that separates us from the world becomes animated, ordered, and narrated in order for the apparatus of production to commence. It seems to me that Alice Rohrwacher goes to arcanum of civilization when she treats the fable of the wolf, which has functioned to legitimize the passage from the state of nature to the modern concept of the civil in Hobbes’s theory of the state. We should remember the brief fable in Lazzaro felice:
“Let me tell you the story of the wolf. A very old wolf had become decrepit, he could hunt wild animals anymore. So, he was excluded from the pack…and the old wolf went to houses, to steal animals, checks and sheep. He was hungry. The villagers tried to kill him in every way possible, but they didn’t succeed…as if he were invisible.”
It is a remarkable fable that inverts the political fiction of the wolf in Hobbes; mainly: a man is an arrant wolf to another man (homo homini lupus), which justifies the exodus from the state of nature as the “miserable condition of civil war” between men. The stakes are clear: by repressing civil war (stasis), civil society emerges as a divided but unified body under a sovereign principle of authority . The wolf is first established as creature of fear and depredation in order to allow for the principle of civilization to emergence as uncontested and necessary. The fable of the wolf is the protofigure that guards the history of perimeters of civilization as a way to pacify and repress the latency of civil war. Rohrwacher, against the Hobbes political fable, gives us a fable of the wolf that not only is uncapable of waging life as war, but that it enacts full refusal and desertion to be hunted; that is, to be invisible, which ultimately entails a life not outside of a politics of hunting and the secondary pacification by which the end of hunting mutates to the enclosure of domestication .
If the wolf stands for the invisible it is because it occupies the excess of total legibility of a new civil order, that is, of a world administered by technique of order. The wolf is a prefiguration of the invisible that is improper to every life (and thus to all biopolitical domestication proper to civilization) in the passage from the organic community of the living to the civilizatory topos of the metropolis. The wolf condenses the instructive character in every life; that is, what cannot be reduced to the fiction or the depredatory total war of the civilization nor the fiction of the community lacking an open relation to the world. This fable, then, is not just what unveils the fictional grounds of the legitimacy of civilization (its “black magic” under the light of rationality and control) but also what reprepares another community. A community in which what we have in common is not an attribute, a substance, or an identity, but an irreducible ethical relation in which civil war cannot equate total hostility and what establishes an absolute difference between life and the “principle of the civil” that formalized the aspiration of isonomic equality:
“The immemorial bad reputation of the wolf (wolf bashing) informs us about one of the oldest tricks of civilization. This consists of bearing the weight of predation on what is heterogeneous to it. To be able to say that man is a wolf of man, the wolf must first have been disguised as a “predator.” We do not mean that the wolf is gardener of daisy flowers, we mean that he behaves neither as a tyrant nor as a bloodthirsty animal, and even less as an individualist (the famous “lone wolf”). In fact, the wolf may have taught communism to humans. The cub that opens its eyes among humans recognizes them as part of its clan. Two lessons: 1) friendship ignores categories; 2) the common is the place where we open our eyes to the world. What the human, for his part, has “taught” to the wolf – like an angry father yelling at his son “I’ll teach you!” – is the servility of the good puppy and the good cop”. .
The end of the film comes full circle with the only condition of finding a way out, producing a break in the infrastructure of the domestication, opening a path within and against the metropolis. It is almost as if the film, like in life, was a preparation for the moment of exodus and retreat. In fact, the wolf deserts the metropolis passing through and beyond the highway in plain rush hour. According to Alice Rohrwacher, the wolf leaving the city and not being seen was a reinforcement of the invisible ethical dimension that is proper to every life (an ethos, which in the old Pindaric sense that refers not only our character, but also, and more fundamentally to our abode and habits that are world-forming), and that is devastated by the anthropological crisis of the species in the wake of the process of civilization . However, the wolf exit from the metropolis is not an abandonment of the world in the manner of a monastic communitarian retreat; but rather the pursuit of liberating an encounter with the events of the world foreclosed by topological circulation of credit that amounts to borrowed life without destiny.
Now to the question that signals an instance of construens in what follows the desertion: what about happiness? It is here, it seems to me, where the beatitude of Lazzaro could be thought as an ethical form of life – as preparation to learn to how live a life against the abstract processes of domestication – that exceeds the two hegemonic paradigms of happiness offered by Western civilization: on the one hand, happiness understood as an equilibrium operative to virtue (aretē); or, on the other, the community of salvation as a compensatory effect for the structural gap of the fallen subject, original sin (felix culpa). One could clearly see that politics at the level of civilization could now be defined as the instrument that manages the production of happiness as a temporal exception in life, but never a defining form of our character.
The wolf that is Lazzaro’s form of life – at a posthistorical threshold that dissolves the anthropological divide man and animal – offers us a third possibility: happiness understood as the refusal to partake in the promises of civilization in order to attune oneself to an errancy of life that allows itself to be hunted by an experiential imbuing of the world. Happy Lazzaro? Yes, but never a Sisyphus who is incapable of experiencing the vanishing horizon between earth and sky in infinite divisibility of the world. The wolf unleashed traverses a geography against domestication, revoking the phantasy of home (the oikos). I will let the last words be made by some fellow-travelers contemporary American thinkers: “Civilisation, or more precisely civil society, with all its transformative hostility was mobilized in the service of extinction, of disappearance. Fuck a home in this world, if you think you have one.” .