A influência da concepção freudiana do divino na obra de Giorgio Agamben
AUTOR(ES)
Daniel Weissberg Minutentag
DATA DE PUBLICAÇÃO
2008
RESUMO
Law has an intimate relation with religion. Our religious past is built upon an original sin, different from the Bible reading. Original sin, as proposed by Freud, and based on the Darwinian statement, contemplates the murdering of a father by children revolted by the experience of oppression. The feeling of ambiguity related to the act produced the first laws, which reproduced, albeit symbolically, the father presence. On the one hand, this ambiguity consisted of the feeling of guilt for the death of the father, and, on the other hand, the satisfaction experienced by the end of oppression. The need for a father reference led these children to establish the first norms for social conduct. Even though we have buried this father, we unconsciously restore his figure from time to time. In this sense, human beings behave as if moved by a driving force inherited from instinct which resurrects the figure of a tyrant and violent father. Superego in the psychoanalytic structure proposed by Freud is the repressive element of human desire coming from Id. In this respect, it is similar to law and religion. Controlling this desire does not happen peacefully, but its overcoming, operated by the intellective activity, according to Freud, increases confidence and the feeling of individual and group self-esteem in society. In the Freudian view, laws come from taboos, and the father is the totem. Just as a totem has a magical referential, taboo, derived from this totem, is arranged in the shape of a ritual, just like Law . Giorgio Agamben, in the homo sacer trilogy, 1995, What is left of Auschwitz, 2000, and State of Exception, 2004, approaches issues relating to the State of Exception as a ruling paradigm. The Schmittian view which attributes sovereignty to those who hold the power to decree the state of exception physically restores the father figure and passes power onto the sovereign/father, thus making it useless for any legal manifestation instituted by the submissive/children. The possibility of restoration for the father in the state of exception reproduces the proposal for a violent primeval father. The impossibility of coexistence between law and violence, as stated by Benjamin, is approached under a sociological prism in Girards works. The state of exception does not know Law. It simply applies the fathers will in the figure of a sovereign. Law is the object that offers the deposition of this father, not the justification of the state of exception. The political letters that mention the state of exception try to restrict the issue to the scope of occurrence of a relevant and urgent situation. This occurrence creates the possibility for de-subjectivization of Law as it delegates the criteria-related decision to the figure of the sovereign. When the sovereign decides on the state of exception, he violates Law, according to Walter Benjamins view, and justifies Law in Karl Schmitts view. This study makes it possible to notice the occurrence of exception as a justification for Law or the non-existence of Law as seen by the exception converted into rule
ASSUNTO(S)
direito freud, sigmund -- 1856-1939 -- influencia ruling paradigm agamben, giorgio -- 1942- -- critica e interpretacao direito -- filosofia paradigma de governo estado, o tabu totem magia -- aspectos religiosos religion religiao e direito magic violência do soberano estado de exceção taboo sovereign violence state of exception
