Part IIII of author’s Homo Sacer project.
This is a “philosophical archaeology of the oath” (2), beginning with Lycurgus’ thesis that “the power that holds together our democracy is the oath” (id.).
Author's "hypothesis is that the enigmatic institution, both juridical and religious, that we designate with the term oath can only be made intelligible if it is situated within a perspective in which it calls into question the very nature of man as a speaking being and a political animal" (11).
Adopts Gernet's notion of 'prelaw,' "an originary phase in which law and religion appear to be indiscernible" (16), which is consistent with Prodi's notion of a "'primordial indistinction' in which the process of separation between religion and politics has not yet begun" (id.), laying, apparently, in Dumezil's "fringe of ultra-history," "the terra incognita that lies beyond the area that the patient labor of historians is able to define" (id.).
The old Roman significance is "as a promissory formula of an undoubtedly juridical character" (18). Noting that "the Romans considered the sphere of the sacred as an integral part of law" (19), author notes that "perhaps our entire habitual way of representing to ourselves the chronological and conceptual relationship between law and religion must be revised" (id.).
Readings thereafter in Philo, Cicero, Kant, and so on. Works with Dumezil's thesis that "the fides, which assumed an important role in public and private life, was divinized" in monarchist Rome (27): Fides "thus became a goddess" and "as in the case of Deus Fidius, of whom it is disputed whether he is in origin distinct from Jove, and who, like Mitra, was a sort of 'personified contract,' here religion does not precede the law but rather follows it" (id.).
"The oath represents precisely the threshold by means of which language enters into law and religio" (28).
Ancient writers tend to view "the oath as a form of sacratio (or devotio, another institution with which consecration tends to be confused). In both cases a man was rendered sacer, that is, consecrated to the gods and excluded from the world of men" (29).
The Oath as sacramentum, "an act done with the sanction of oath" (30), implying "the notion of making sacer" (id.). The perjurer as substantially identical to sacer (id.).
Ancient Greek horkos (i.e., oath) as requiring three elements: "an affirmation, the invocation of the gods as witnesses, and a curse directed at perjury" (31). Cites Hesiod for the ancient proposition that the oath is primarily intended to punish perjury.
Invocation of gods as basically universal in the ancient sources: "Ammonius thus distinguishes the oath from the assertion (apophansis) by means of 'the testimony of the god' [...] oath, according to this endlessly repeated doctrine, is an affirmation to which divine testimony is added" (32).
Plenty about Pindar and horkos martys (oath witness). Notes the "double valence (benediction and malediction) of the divine names in oaths and perjury" (38). (cf. Volume VII's destituent reading the witness, however.)
Freud's thesis has blasphemy as "the interdiction of the name of God holds in check one of the most intense desires of man: that of profaning the sacred" (40). But: "One blasphemes the name of God, because all that God possesses is his name" (id.). We see that "the formula for imprecation is identical to that of the oath" (id.), and that "Blasphemy is an oath, in which the name of god is extracted from the assertorial or promissory context and uttered in itself, in vain, independently of a semantic context" (id.).
Lotsa stuff on names and nominatives, leading up to the point that "Every oath swears on the name par excellence, that is on the name of God, because the oath is the experience of language that treats all of language as a proper name. Pure existence--the existence of the name--is not the result of a recognition, not of a logical deduction; it is something that cannot be signified but only sworn, that is, affirmed as a name. The certainty of faith is the certainty of the name" (53).
Proposes that the model of truth "is not that of the adequation between words and things but the performative one in which speech unfailingly actualizes its meaning. Just as, in the state of exception, the law suspends its own application only to found, in this way, its being in force, so in the performative, language suspends its denotation precisely and solely to found its existential connection with things" (56). Locates the completion of ontology in "the name of God withdrawing from language--and this is what has happened beginning from the event that has been called the 'death of God'" (id.).
Plenty more. Likely not the most effective of the Homo Sacer series, but damned interesting. As usual, much attention to detail in classical and medieval sources.
As it turns out, Horkos "is, in the classical world, the most ancient being, the sole potency to which the gods are submitted for punishment" (65).
Some findings: "The attempt to reconcile faith as the performative experience of a veridiction with belief in a series of dogmas of an assertive type is the task and, at the same time, the central contradiction of the Church, which obliges it, against the clear evangelical command, to technicalize oath and curses in specific juridical institutions" (66).
"The interpretation of sacertas as an originary performance of power through the production of a killable and unsacrificeable bare life must be completed in the sense that, even before being a sacrament of power, the oath is a consecration of the living human being through the word of the word" (id.).
"Philosophy begins in the moment in which the speaker, against the religio of the formula, resolutely puts in questions the primacy of names, when Heraclitus opposes logos to epea, discourse to the uncertain and contradictory words that constitute it, or when Plato, in the Cratylus, renounces the idea of an exact correspondence between the name and the thing named, and, at the same time, draws together onomastics and legislation, an experience of logos and politics. Philosophy is, in this sense, constitutively a critique of the oath: that is, it puts into question the sacramental bond that links human being to language" (72). Notes that philosophy has a role when "politics can only assume the form of an oikonomia, that is, of a governance of empty speech over bare life" (id.), which points us ahead to part V.
Recommended for those whose sacred substance variously embodies the waters of the Styx, the scepter of the hero, and the entrails of the sacrificial victim, persons who do not observe the oats of pirates as hostes omnium, and readers whose perjury is not merely more or less punishable but must therefor be accused of lese majeste for violation of the numen of Augustus.