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Agamben and Radical Politics$
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Daniel McLoughlin

Print publication date: 2016

Print ISBN-13: 9781474402637

Published to Edinburgh Scholarship Online: January 2018

DOI: 10.3366/edinburgh/9781474402637.001.0001

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Law and Life beyond Incorporation: Agamben, Highest Poverty and the Papal Legal Revolution

Law and Life beyond Incorporation: Agamben, Highest Poverty and the Papal Legal Revolution

Chapter:
(p.234) 11 Law and Life beyond Incorporation: Agamben, Highest Poverty and the Papal Legal Revolution
Source:
Agamben and Radical Politics
Author(s):

Miguel Vatter

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781474402637.003.0011

The final chapter this the book reconstructs and problematises Agamben’s account of form-of-life in The Highest Poverty’s by situating it in the context of the ‘papal legal revolution’ of the 12th and 13th Centuries. It begins by comparing Agamben’s analysis of law and life in State of Exception and that in The Highest Poverty. Vatter argues that Agamben’s account of the conflict between the Franciscans and the Papacy is problematic because it fails to address the legal dispositif that ultimately spelled the defeat of the Franciscan project to emancipate life from law, that of incorporation. The chapter concludes by reconstructing the history of the common-law apparatus of the ‘trust’ as an alternative to the corporation, and argues that this can provide an understanding of group action that is neither sovereign nor anti-nomian.

Keywords:   Agamben, use, exception, incorporation, monasticism

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