Tacitus’ arcana and political wisdom. by Gerardo Muñoz

During the flourishing of Renaissance civic humanism, the tradition of Tacitism, as well as the work of Tacitus, was broadly understood as advisory to the problem of tyranny within the cycles of political power’s rise and decline, unmasking imperial rule’s debasement and cruel domination [1]. It is in Edward Gibbon’s erudite project where Tacitus’ political wisdom receives an integral treatment about the institutional dimension of power and its cohesive structure based on both facts and theoretical presuppositions. For Gibbon, the wisdom of Tacitus is not merely anchored in theoretical speculation; rather, the rhetorical construction takes its energy from the convergence between historical facts and the physics of a concrete political order. Tacitus’ wisdom is practical but also flexible, and this entails that political realism is not about the opportunist dimension of power (although this most certainly occurs in every political community), but about the deployment of analytical understanding regarding faults, fissures, and disequilibrium of institutions. Tacitus’ thought is about vision, and this means looking at the cracks, identifying the asymmetrical correspondences, and teasing out the nuances of a particular reality.

This presupposes that Tacitus’ enduring notion of the arcanum imperii, far from posing a ‘mystery of the state’ (its legitimacy, rule, and mystical reserve), allows for a strong narrative about the latent crisis internal to every political community. Tacitism is, insofar as it confronts the crisis and ruin of a political order, draws a negative reflection on the ongoing force of civil war as a historical and existential condition of domination. In other words, no politics can exist without the concrete legibility of the faults of conflict, which ultimately entails that civil war and political power are constantly in proximity. The arcana delimits the problem of civil war as the internal contradiction of every imperfect institutional design that cannot transcendent its own crisis through conceptual reordering.

At the center of Tacitus’ arcana in Rome is the death of Nero as well as the fault lines of civil war: “The was revealed that arcanum of state, the discovery that emperors might be made elsewhere than Rome” [2]. Of course, Rome as the glorious center of power was fundamental and indivisible; but for Tacitus the argument condensed in the arcana is precisely that the corruption of politics takes place when political representatives (power delegated at the provinces) and that of the center ceased being in coordination, losing the grip of institutional mediations. Thus, the ruin of politics is best expressed by the disjointment of formal procedures between authority and delegation, the vesting of the emperor and territorial monopoly, legitimate rule and predatory corruption. When this happens the arcana is transformed into a permanent revolution that dissolves checked political rule into the willful triumph of the uncontained and proliferated fragmentation (this is why Tacitus looked back with nostalgia to the unlived era of Roman republicanism).

For Gibbon to hold on to the Tacitan tradition of the arcana imperii meant, above all, to underscore the esoteric relationship between history and revolution as part of the desire to understand political energy, which he posed as a methodological concern: “In our larger experience of history the imagination is assisted by a perpetual series of causes and effects , to unite the most distant revolutions” [3]. The arcana is political wisdom of a secondary source; that is, it’s not a normatively established political premise or category, but an excess to description of political order. Hence, it is not that the arcana imperii is a monocausal and ultimate foundation of instability – and in this sense he was still faithful to his conception of plurality of causation in defense of the study of literature and the imagination – the emphasis is placed, on the contrary, in the way in which grasping the archeological and heterogeneous field of tension that will reveal, in turn, the historical specificity of the arcana [4].

In other words, the arcana grants access to the fundamental features of the epiphenomenon of civil strife without a recourse to abstraction and the closure of the concept. In this way, it could be said that the arcana (in part in the reading that Gibbon undertakes of Tacitus) is continuously operating in three distinct registers: a) it is a comprehensive analytic of the plurality of causation that impact political conflict and civil war, b) it reports to the center of authority, probing its direct and indirect meditations on the ground; its forms of delegation and adjudication, and its production of legality and dominium and implementation; c) it demands to design a description and a narrative of the political situation in order to properly respond to the paradox of tyranny and corruption within a specific polity.

Having sketched out the operational effect of the arcana, we can say that the notion is far from being reducible to a Renaissance “ragion di stato” scenario assisting in the consolidation of power in the hands of the price; the arcana seeks to elucidate the contours and limits of the intensification of war and its risks; a problem that becomes central to Hobbes notion of the state [5]. To claim that this political wisdom is something that merely emerges technically-placed in the Renaissance “great men”, and systematically blurred in modern liberalism is a thesis that will need further elaboration about the resources of the state and the underpinning of modern legitimacy through civil society and its late-modern mutation into planetary imperial spaces. In a certain sense “Tacitism” opens the possibility of sketching the political crisis of in each distinct epoch. It is perhaps in this sense that Carl Schmitt invites us to think the issue in an entry of his Glossarium:

“The beginning of Tacitus’ Histories has moved me. Is it just rhetoric, like Ortega told me?’ Isn’t it about the identity of the situation, that is, existential participation, participation in one and the same nuclear and ancestral situation of our eon? Every word of that chapter of Tacitus is absolutely current: «Magna ingenia cessere; opus adgredior optimum casibus, atrox proeliis, discors seditionibus, ipsa etiam pace saevum. Of course, “ipsa etiam pace sacvum, bella civilia et exterior plerumque permixta.” The relationship between international war and civil war, that is not rhetoric but the horrible reality recognized and expressed, the non-distinction between war and peace.” [6] 

The arcana never truly coincides with a philosophy of history or a rhetorical veneer of civil existence (social contract). The subversiveness of Tacitus plays out in thinking through the elaboration of a specific governmental organization [7]. And what is the “ancestral situation of the eon” if not the polar relationship between political order and stasis, the duality between civil war and the principle of authority, the nihilism of the will and the limits of a public rule of law, however ordered? Tacitus’ classical wisdom, invested in plotting legible facts with a singular narrative, far from raising itself to a “science of politics” or a set of “fundamental principles of order”, responds to potential fluctuations devoid of a universal grammar. In this way, politics remains closer to a physical experiment: an active self-evolving canvas in which the arcana is irremediably drawing upon the instituting and destituting of interconnected forces at play.

Notes 

1. Arnaldo Momigliano. “Tacitus and the Tacitist Tradition”, in The Classical Foundations of Modern Historiography (University of California Press, 1990), 120.

2. J. G. A. Pocock. Barbarism and Religion: The First Decline and Fall, Vol.III (Cambridge University Press, 2003), 25.

3. Ibid., 58. 

4. G.W. Bowersock. “Gibbon on Civil War and Rebellion in the Decline of the Roman Empire”, Daedalus, Summer, 1976.

5. Richard Tuck. “Hobbes and Tacitus”, in Hobbes and History (2000), eds. G. A. J. Rogers and Tom Sorell, 99–111.

6. Carl Schmitt. Glossarium: Anotaciones desde 1947 hasta 1958 (El Paseo, 2019), 7.

7. Ronald Syme. “Who was Tacitus?”, Harvard Library Bulletin XI, Spring 195, 185.

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.

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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.