Homo Sacer: Sovereign Power and Bare Life

Homo sacer. Il potere sovrano e la nuda vita
by Giorgio Agamben
Early–mid 1990s (c. 1991–1994)Italian

Homo Sacer: Sovereign Power and Bare Life is the first volume of Giorgio Agamben’s Homo Sacer series, arguing that the core activity of Western politics is the production and management of “bare life” through a structure in which sovereign power stands both inside and outside the juridical order. Using Roman law’s figure of the homo sacer, who may be killed but not sacrificed, Agamben links ancient legal categories to modern states of exception, concentration camps, and contemporary regimes of biopolitical control. He contends that the camp, rather than the polis, is the hidden paradigm of modernity, and that the fusion of life and law in biopolitics transforms democracy and totalitarianism into two faces of the same inclusive-exclusion of living beings.

At a Glance

Quick Facts
Author
Giorgio Agamben
Composed
Early–mid 1990s (c. 1991–1994)
Language
Italian
Status
original survives
Key Arguments
  • Sovereign power is defined by the capacity to decide on the exception, placing the sovereign simultaneously inside and outside the legal order and thereby constituting the political realm through an inclusive exclusion.
  • The figure of the homo sacer from Roman law—someone who can be killed but not sacrificed—reveals a fundamental structure in Western politics: the production of “bare life” that is included in the juridical order only through its exclusion.
  • Modern biopolitics, as anticipated by Foucault, is not a deviation from classical politics but its hidden telos: Western politics has always tended toward the direct inclusion of biological life in mechanisms of power and law.
  • The “camp” (exemplified by but not limited to Nazi concentration camps) is the nomos of modernity, the paradigmatic space where the state of exception becomes the rule and where bare life is exposed to unchecked sovereign decision.
  • Democracy and totalitarianism share an underlying biopolitical structure in which the people are simultaneously source of law and object of biological management; genuine political transformation requires rethinking life beyond the nexus of sovereignty and bare life.
Historical Significance

Homo Sacer has become a central reference in contemporary political philosophy, critical legal studies, and biopolitics, shaping debates about states of emergency, human rights, migration, detention regimes, and the politics of life and death. It systematized and radicalized insights from Foucault, Schmitt, and Benjamin into a powerful interpretive framework for understanding modern sovereignty and has influenced analyses of phenomena ranging from refugee camps and Guantánamo Bay to public health governance and digital surveillance. The work inaugurated Agamben’s larger Homo Sacer project, which has had wide impact across the humanities and social sciences.

Famous Passages
Definition of the State of Exception(Part I, ch. 1–2 (discussion of Carl Schmitt’s ‘Sovereign is he who decides on the exception’))
Figure of the Homo Sacer (killable but insacrificable)(Part I, ch. 1; detailed treatment in Part II, ch. 2)
The Camp as the Biopolitical Nomos of the Modern(Part III, ch. 2 (analysis of the concentration camp as paradigm))
Nuda vita / Bare Life and the Threshold of the Political(Part I, ch. 3; elaborated throughout Parts II and III)
The Muselmann as Limit-Figure of the Human(Part III, ch. 3 (discussion drawing on Primo Levi and camp testimonies))
Key Terms
Homo sacer: A figure from Roman law who may be killed but not sacrificed, used by Agamben as a paradigm of life reduced to a killable, legally abandoned ‘bare life’.
Bare life (nuda vita): Life stripped of political and juridical qualifications, reduced to mere biological existence that is included in the legal order only through its exclusion.
Sovereign power: The power that decides on the [state of exception](/works/state-of-exception/) and thereby stands both inside and outside the legal order, constituting the law by suspending it.
State of exception: A situation in which the normal legal order is suspended by the sovereign, revealing the foundational structure whereby law is grounded in its own suspension.
Inclusive exclusion: Agamben’s term for the operation by which something is included within a system precisely by being excluded, as in the legal capture of bare life through banishment.
Biopolitics: A form of [politics](/works/politics/) in which biological life itself becomes the primary object of power, management, and regulation by modern states and institutions.
Camp: The concentration or internment camp understood as the paradigmatic biopolitical space where the state of exception becomes permanent and bare life is exposed to total control.
Ban: A juridico‑political act that excludes someone from the community while still binding them to the law, producing a threshold existence analogous to homo sacer.
People (populus / demos): In Agamben’s analysis, a divided concept referring both to the political body of citizens and to the excluded, impoverished mass that embodies bare life.
Form-of-life (forma-di-vita): A life inseparable from its form, which Agamben gestures toward as a way of living that would not be separable into bare life and political qualifications.
Muselmann: A term from concentration camp slang designating inmates reduced to an extreme state of physical and psychic exhaustion, interpreted by Agamben as a limit‑figure of the human and of bare life.
Political theology: The study of structural analogies between theological and political concepts, central for Agamben’s reading of sovereignty as a secularized theological paradigm.
Nomos of the modern: Agamben’s claim that the camp, rather than the classical city or state, is the fundamental spatial and juridical ordering principle of modern politics.
Sacrifice: A ritual act that normally transforms a being from the profane to the sacred sphere; in the case of homo sacer, the prohibition of sacrifice marks a peculiar exclusion from both spheres.
Anthropological machine: A conceptual mechanism (developed more fully in later works) that produces the human by excluding and capturing non‑human or inhuman life, foreshadowed in Homo Sacer’s analysis of bare life.

1. Introduction

Homo Sacer: Sovereign Power and Bare Life introduces a distinctive thesis about Western politics: that its underlying operation is the production and management of bare life—life stripped of political qualification—and that this process is organized through a specific structure of sovereign power. Giorgio Agamben argues that, from ancient Rome to late modern democracies, political order is founded by including life in law through its exclusion, a logic he encapsulates in the Roman juridical figure of the homo sacer.

The book positions itself at the intersection of political philosophy, legal theory, and critical history, engaging debates on biopolitics, states of emergency, and the legacy of totalitarianism. Drawing on Michel Foucault’s concept of biopower, Carl Schmitt’s theory of sovereignty, and Walter Benjamin’s reflections on law and violence, Agamben proposes that the decisive space of modern politics is not the classical city or state but the camp, where the state of exception becomes normal and bare life is exposed to unrestricted decision.

The introduction of the work frames several guiding questions:

  • How does the sovereign’s power to suspend the law shape the very form of the legal order?
  • In what ways are ancient legal categories still active, often invisibly, in modern political institutions?
  • How do democracies and dictatorships alike depend on a hidden relation between life and law?

Agamben presents the volume as the opening installment of a larger Homo Sacer project, whose aim is to reconfigure the history of Western politics around the nexus of sovereignty and bare life. The text therefore functions both as a self-contained treatise and as a programmatic statement for subsequent investigations into law, citizenship, violence, and the possibilities of a politics “beyond” bare life.

2. Historical Context

Agamben composed Homo Sacer in the early 1990s, against a backdrop of shifting global and intellectual landscapes. The collapse of the Cold War order, the wars in the former Yugoslavia, and increasing recourse to emergency powers in liberal democracies shaped the political horizon within which the book intervenes. Debates about human rights, refugees, and ethnic cleansing made acute the question of who counts as a political subject and how states exercise control over life and death.

Within philosophy, the work responds to late 20th‑century currents:

ContextRelevance to Homo Sacer
Foucault’s studies of biopower (1970s)Provided the notion that modern politics centers on managing biological life.
Revival of Carl Schmitt (1980s–90s)Reintroduced sovereignty and the “state of exception” into constitutional and political theory.
Post‑Holocaust and totalitarianism debatesRaised questions about camps, genocide, and political responsibility.
Post‑structuralism and deconstructionInformed Agamben’s attention to thresholds, binaries, and the instability of legal categories.

The book also emerges amid intensified discussion of political theology, particularly in German and Italian contexts, where scholars revisited the theological underpinnings of secular sovereignty. Agamben situates his inquiry alongside these debates, suggesting that modern legal and political institutions continue to operate with structures inherited from theology, especially in the capacity to suspend norms.

Historically, Homo Sacer engages both ancient Roman law and 20th‑century totalitarian regimes. Proponents of Agamben’s approach hold that this long temporal arc reveals continuities obscured by conventional periodization. Critics, however, argue that the historical context of the 1990s—marked by new forms of migration management, border control, and humanitarian intervention—strongly conditions his choice to treat phenomena such as refugee camps and detention centers as emblematic of a broader biopolitical order. These differing views inform subsequent debates about the book’s historical reach and specificity.

3. Author and Composition

Giorgio Agamben (b. 1942) is an Italian philosopher whose work spans political theory, aesthetics, philology, and theology. Before Homo Sacer, he had already published on language, gesture, and messianism, and had edited or introduced texts by Walter Benjamin. His training in law and philosophy, as well as his involvement with Italian debates around juridical order and state power, shape the composition of Homo Sacer.

The book was written roughly between 1991 and 1994. During this period, Agamben was teaching and researching in Italy and abroad, engaging intensively with:

  • Roman law scholarship, including studies of sacer and related categories;
  • German legal and political theory, particularly Carl Schmitt and the debates on sovereignty;
  • French philosophy, especially Foucault and post‑structuralist thinkers.

Agamben has indicated that the project arose from a long-standing concern with the relation between life and law, triggered partly by reading Foucault’s late work and by reflections on the juridical structure of Nazi camps. The composition process reportedly involved extensive archival and philological work on ancient legal texts, combined with close readings of modern political theorists.

The volume is conceived from the outset as Part I of a multi‑volume Homo Sacer series. Agamben frames it as laying the conceptual groundwork—through notions like homo sacer, bare life, and the state of exception—for later investigations into topics such as sacrifice, witnessing, and economic governance. Some commentators emphasize that the style of composition is deliberately paradigmatic rather than systematic: the book offers dense readings of particular figures (e.g., homo sacer, the camp) meant to illuminate broader structures. Others suggest that this compositional strategy reflects Agamben’s attempt to bridge philological precision with speculative political theory.

4. Publication and Textual History

Homo sacer. Il potere sovrano e la nuda vita was first published in Italian by Einaudi in 1995. It appears as the initiating volume of what later becomes known as the Homo Sacer project, though the exact scope of the series was still evolving at the time of publication.

Key points in its textual history include:

YearEvent
1995Italian first edition (Einaudi).
1997French translation by Marielle Macé (Seuil).
1998English translation by Daniel Heller‑Roazen (Stanford University Press).
2002German translation by Hubert Thüring (Suhrkamp).

The English edition (1998) played a central role in bringing Agamben to Anglophone attention. It includes a translator’s introduction and detailed notes that have become standard reference points. The text is relatively stable across editions; there are no major revisions reported between printings, though some translations introduce terminological choices—such as rendering nuda vita as “bare life”—that have shaped subsequent reception.

The manuscript tradition is straightforward: Homo Sacer is a contemporary work, and the author’s original typescripts and proofs reportedly survive in private and/or publisher archives. There is no complex textual stemma or competing recensions. Scholarly discussions instead focus on interpretive issues related to translation, especially for terms like homo sacer, nuda vita, bando (ban), and campo (camp).

Some commentators note that the sequence of translations influenced how particular academic communities encountered the work. For example, early French and German receptions tended to situate it within debates on political theology and Schmittian sovereignty, while the Anglophone uptake emphasized biopolitics and critical legal studies. Despite minor terminological disputes, there is broad agreement that the standard editions faithfully reproduce the 1995 Italian original, and the Stanford 1998 translation is widely cited in English‑language scholarship.

5. Structure and Organization of the Work

Homo Sacer: Sovereign Power and Bare Life is organized into an Introduction followed by three main parts and a concluding section. The structure supports a movement from conceptual clarification of sovereignty to the paradigmatic analysis of the camp.

SectionFocus
IntroductionProgrammatic statement of the project; outlines the link between sovereignty and bare life.
Part I: “The Logic of Sovereignty”Conceptual and juridical analysis of sovereignty and the state of exception.
Part II: “Homo Sacer”Examination of the Roman figure homo sacer and its exemplary function.
Part III: “Biopolitics and the Camp”Exploration of modern biopolitics culminating in the camp as paradigm.
Conclusion: “Notes Toward a Politics Beyond Bare Life”Brief, allusive indications of an alternative politics.

Internal Organization

  • Part I develops the structure of sovereignty: the sovereign’s position inside and outside the law, the role of the exception in founding order, and the emergence of bare life at the threshold of legal protection.
  • Part II turns to Roman law and related anthropological and historical materials to analyze homo sacer. Agamben uses this figure to articulate the mechanism he calls inclusive exclusion: life included in the legal order only by being excluded from its protections.
  • Part III traces the historical transformation whereby bare life becomes central to modern politics. It engages with Foucault’s account of biopower and culminates in the thesis that the camp is the “nomos of the modern,” the foundational spatial arrangement where the state of exception is normalized.

The Conclusion does not recapitulate arguments systematically but offers brief reflections pointing toward a politics that would neutralize the sovereign relation to bare life. Commentators differ on whether this structure should be read as linear (moving from ancient law to modern biopolitics) or as paradigmatic, with each part illuminating the same structure from different vantage points. Nonetheless, the organization clearly links sovereignty (Part I), homo sacer (Part II), and the camp (Part III) as successive articulations of a single basic problem.

6. Sovereign Power and the State of Exception

A central section of Homo Sacer analyzes sovereign power through the notion of the state of exception. Agamben draws especially on Carl Schmitt’s formula:

“Sovereign is he who decides on the exception.”

— Carl Schmitt, Political Theology

Agamben interprets this decision as the act that founds the legal order by suspending it. The sovereign, in declaring a state of exception, stands simultaneously inside and outside the law: outside, because the normal legal rules are suspended; inside, because the decision itself is recognized as legally valid. This paradoxical position is, for Agamben, not a marginal feature but the core of sovereignty.

Structure of the Exception

In a state of exception:

  • Normal legal norms are suspended.
  • The boundary between law and violence becomes blurred.
  • Individuals reduced to bare life are exposed to sovereign decision without the usual juridical guarantees.

Agamben argues that the exception is not merely a response to extraordinary danger (war, insurrection) but functions as a foundational structure of the legal system, a “zone of indistinction” where law is in force without being applied.

Continuities and Interpretations

Proponents of Agamben’s reading see in it an explanation for modern practices such as emergency legislation, martial law, or exceptional jurisdictions, wherein constitutional norms are interrupted yet claimed to be preserved. They emphasize his claim that, historically, the state of exception tends to become permanent, eroding the distinction between normal rule and emergency.

Critics contend that Agamben overgeneralizes from specific historical experiences (notably Weimar and Nazi Germany) to a universal structure of law. Others argue that he privileges a juridical model, underestimating the role of administrative and governmental techniques that may operate without formal declarations of exception.

Despite these debates, the book’s account of sovereign power and the state of exception has become a major reference point for discussions of constitutional emergency powers and the relation between legality and extra‑legal violence.

7. The Figure of Homo Sacer

The homo sacer is a marginal figure from Roman law that Agamben places at the center of his analysis. According to fragmentary legal sources, a homo sacer is a person who:

  • may be killed without the killer incurring the charge of homicide;
  • may not be sacrificed in religious ritual.

Agamben interprets this dual condition—killable but insacrificable—as revealing a peculiar status of life excluded from both human and divine law yet still captured by them. Homo sacer, he argues, embodies bare life, life stripped of political and religious value, exposed to death without the mediation of sacrifice.

Juridical Status

The sources suggest that homo sacer arises through a form of ban or proscription. The person is placed outside the community’s legal protections but remains related to law through this very exclusion. Agamben sees here the structure of inclusive exclusion: the law includes life precisely by excluding it from normal juridical guarantees.

He presents homo sacer not primarily as a historical personage but as a paradigm for understanding how legal systems can produce subjects who are:

  • inside the legal order (their status is legally defined);
  • yet outside its protections (their killing is non‑punishable).

Interpretive Debates

Some scholars endorse Agamben’s elevation of homo sacer to a philosophical paradigm, arguing that it illuminates modern phenomena such as stateless persons, denizens of camps, or individuals subject to targeted killing. Others question the philological basis of his reading, noting that the extant Roman sources are scarce and context‑dependent, and that Agamben’s conceptual use may depart significantly from historical practice.

Alternative interpretations suggest that the religious dimension of the sacer status (linked to sacral law and ritual notions of impurity) deserves more attention than Agamben gives it, or that the figure should be read in closer relation to other Roman penalties. Nonetheless, within Homo Sacer, homo sacer functions as the key exemplar of life that is legally abandoned yet continuously bound to sovereign power.

8. Bare Life and Inclusive Exclusion

Bare life (nuda vita) is Agamben’s term for life reduced to its biological facticity, stripped of political, social, or religious qualifications. In Homo Sacer, he argues that Western politics is organized around the production of such bare life and its exposure to sovereign decision.

Inclusive Exclusion

The mechanism through which bare life is produced is described as inclusive exclusion. Agamben maintains that certain forms of life are:

  • Included in the legal order, in that their status is defined by law (e.g., as banned, outlawed, or rightless);
  • Excluded from its protections, as they can be killed or harmed without the usual juridical consequences.

Homo sacer exemplifies this structure; so do other historical figures Agamben discusses, such as the banned person (banditus). The operation, he contends, creates a threshold where life and law, inside and outside, become indistinguishable.

Political Significance

Agamben links bare life to the distinction between zoē (simple biological life) and bios (politically qualified life) in Greek thought, suggesting that the decisive gesture of Western politics has been to capture zoē within the polis. In his account, this capture occurs not by simply elevating life into politics but by creating zones where life is exposed as bare, neither fully inside nor outside the law.

Supporters of this analysis argue that it offers a powerful framework for understanding phenomena such as:

  • refugees and stateless people who exist at the edge of citizenship;
  • detainees subjected to exceptional regimes;
  • populations managed primarily through health, security, or demographic concerns.

Critics respond that the concept of bare life risks being overly abstract and difficult to operationalize empirically. Some contend that few, if any, real individuals are ever reduced to pure bare life, since social, cultural, and personal dimensions persist even under extreme domination. Others suggest that emphasizing inclusive exclusion may downplay more diffuse forms of power and subjectivation identified by Foucault and others.

Despite these disagreements, bare life and inclusive exclusion remain central conceptual tools in readings of Homo Sacer and its account of how sovereignty and law engage living beings.

9. Biopolitics and Modern Governance

In Homo Sacer, Agamben situates his analysis within the broader discussion of biopolitics, a term he adopts from Michel Foucault. Biopolitics refers to forms of power that take biological life—birth rates, health, mortality, population— as their primary object.

From Classical Politics to Biopolitics

Agamben proposes that rather than being a break with classical politics, biopolitics is its hidden telos. Where Foucault emphasizes a historical shift from sovereign power (“to take life or let live”) to biopower (“to make live and let die”), Agamben argues that the inclusion of bare life in politics has always been a defining act of Western political systems. Modernity, in this view, radicalizes a long-standing tendency.

He focuses on:

  • The fusion of life and law in modern constitutional states, where rights discourse directly refers to “the human” or “life.”
  • The growth of administrative and security apparatuses concerned with managing populations, health, and risk.
  • The emergence of spaces—such as camps or exceptional zones—where this management intersects with the sovereign power to suspend law.

Relation to Governance

Agamben’s account suggests that modern governance increasingly operates in a biopolitical register, even when it appears bureaucratic or technocratic. Practices such as public health campaigns, social welfare, and immigration control, while often framed as protective or beneficial, are analyzed in terms of how they inscribe life within a framework of potential exception and control.

Interpretively, some readers see Homo Sacer as complementing Foucault by bringing sovereignty and emergency powers back into the analysis of governance. Others argue that Agamben overemphasizes the juridical aspect of biopolitics, underplaying Foucault’s concern with disciplinary and governmental techniques that do not rely on formal states of exception.

Scholars also debate whether Agamben’s focus on extreme cases (camps, totalitarianism) adequately captures everyday forms of biopolitical governance, or whether it risks eclipsing more mundane but pervasive practices of normalization. Nevertheless, the book’s linkage of sovereignty, bare life, and biopolitics has become a key reference for analyzing contemporary governmental strategies that hinge on the management of life and death.

10. The Camp as the Nomos of the Modern

One of Agamben’s most influential and contested claims is that the camp—exemplified by Nazi concentration camps but extending to various forms of internment and detention—is the “nomos of the modern”, the fundamental spatial and juridical arrangement of modern politics.

The Camp as Paradigm

For Agamben, the camp is not merely a historical phenomenon but a paradigm: a site where the state of exception is permanently realized. In the camp:

  • The normal legal order is suspended.
  • Inmates are reduced to bare life, subject to unrestricted decision.
  • Law is “in force without significance”: it applies only as its own suspension.

He argues that this structure underlies various modern spaces, including refugee camps, transit zones, and certain forms of extraterritorial detention. The camp thus reveals how the exceptional has become normalized in modern governance.

Nomos and Spatial Order

Drawing loosely on Carl Schmitt’s use of nomos as a fundamental “taking” and spatial ordering of the earth, Agamben claims that the camp, rather than the polis or the nation‑state, provides the decisive spatial logic of modernity. It materializes the inclusion of bare life in the political order via exclusion, marking the point where political categories such as citizen/enemy, inside/outside, law/violence become indistinct.

Supporters view this thesis as a critical tool for analyzing:

  • long‑term detention without trial;
  • offshore or extraterritorial legal zones;
  • forms of encampment associated with migration control or humanitarian crises.

Critics argue that extending the “camp” paradigm beyond its historical specificity risks conceptual inflation and historical flattening. Holocaust and camp historians in particular contend that the Nazi camp system has unique features that should not be generalized lightly. Others suggest that many modern spaces of confinement operate under substantial legal and political constraints, making the analogy to the camp misleading or morally problematic.

These debates revolve not only around historical accuracy but also around the analytical status of the camp—as a literal institution, a metaphor, or a paradigmatic figure—in Agamben’s account of modern nomos.

11. Key Concepts and Technical Terms

Homo Sacer introduces and reworks a number of technical concepts. Some are drawn from earlier traditions; others are Agamben’s coinages or distinctive reinterpretations.

TermBrief Explanation
Homo sacerRoman legal figure who may be killed but not sacrificed; used as paradigm of life abandoned to power yet juridically captured.
Bare life (nuda vita)Life reduced to sheer biological existence, stripped of political or juridical form, exposed to sovereign decision.
Sovereign powerPower that decides on the state of exception, standing both inside and outside the legal order.
State of exceptionSituation in which the law is suspended, creating a zone where law and non‑law blur yet sovereign authority persists.
Inclusive exclusionOperation by which something is included in a system precisely through its exclusion (e.g., the banned person).
Ban (bando)Act of excluding someone from the community while maintaining their relation to law as abandoned, producing a threshold existence.
CampParadigmatic space where the state of exception becomes permanent and bare life is produced and managed.
People (populus/demos)Ambivalent category referring both to the political body of citizens and to the excluded mass embodying bare life.
Nomos of the modernClaim that the camp is the fundamental spatial order of modern politics, superseding classical models like the polis.

Although some terms (e.g., biopolitics, political theology, sacrifice) come from existing discourses, Agamben often assigns them specific roles within his argument. Interpreters debate how closely his usage adheres to prior meanings—especially in the case of biopolitics and political theology, where comparison with Foucault and Schmitt is frequent.

Later works in the Homo Sacer series, such as The Open and The Kingdom and the Glory, will introduce further concepts like the anthropological machine and oikonomia. In this first volume, however, the key technical cluster revolves around bare life, sovereignty, exception, and the camp, forming the basic vocabulary through which Agamben reinterprets Western political history.

12. Sources, Interlocutors, and Philosophical Method

Homo Sacer is characterized by a distinctive combination of philological, historical, and philosophical approaches. Agamben’s method involves close readings of texts across different epochs, treating them as paradigms that disclose underlying structures of Western politics.

Principal Sources and Interlocutors

Figure / FieldRole in Homo Sacer
Michel FoucaultProvides the notion of biopower and biopolitics as management of life; Agamben extends this toward sovereignty and the camp.
Carl SchmittSupplies the definition of sovereignty via the decision on the exception; central to Agamben’s account of the legal order’s foundations.
Walter BenjaminInfluences Agamben’s reflections on law, violence, and messianism, especially through the essay “Critique of Violence.”
Roman law (e.g., Festus, juristic fragments)Source for the figure of homo sacer, the sacer status, and the ban.
Holocaust and camp testimonies (e.g., Primo Levi)Provide descriptions of camp life and figures like the Muselmann, used to explore limits of the human and bare life.

Agamben also engages with Aristotle (zoē/bios distinction), Hannah Arendt (statelessness, rights), and modern legal theory. These interlocutors provide both conceptual tools and points of contrast.

Paradigmatic Method

Agamben describes his approach as paradigmatic rather than inductive or deductive. A paradigm, in his usage, is not a concrete instance subordinated to a general rule, but a singular case that illuminates a general structure by being compared and connected to other cases. Homo sacer, the camp, and the Muselmann all function as such paradigms.

This method allows him to draw connections across disparate historical contexts (ancient Rome, modern nation‑states, totalitarian regimes) without claiming a continuous empirical narrative. Supporters argue that this approach uncovers structural analogies obscured by strict historicism. Critics counter that it risks ahistorical abstraction, making it difficult to assess the empirical validity of his claims or to distinguish between metaphorical and literal uses.

Philosophically, the book operates at the intersection of phenomenology, deconstruction, and political theology, combining conceptual analysis with attention to linguistic nuances. This hybrid method is a major reason for both the influence and the contested interpretation of Homo Sacer.

13. Famous Passages and Paradigmatic Analyses

Several passages and analyses from Homo Sacer have become widely cited, both for their conceptual clarity and their provocative claims.

Definition of the State of Exception

Agamben’s elaboration of Schmitt’s thesis that the sovereign decides on the exception is among the most discussed:

“The state of exception is the inclusion of the exception in the juridical order itself, in which the law is in force but does not apply.”

— Giorgio Agamben, Homo Sacer, Part I

This formulation has been repeatedly invoked in debates on emergency legislation and constitutional theory.

Homo Sacer: Killable but Insacrificable

The early chapters’ reconstruction of the homo sacer figure centers on the formula that he “may be killed but not sacrificed.” Agamben’s explanation of this duality exemplifies his paradigm method, treating a technical Roman category as a lens on the relation between life, law, and violence.

The Camp as Biopolitical Nomos

In Part III, Agamben’s declaration that:

“The camp is the biopolitical nomos of the modern.”

— Giorgio Agamben, Homo Sacer, Part III

has become one of the most controversial lines in the book. The associated analysis of the camp as a space where the exception becomes the rule is frequently excerpted and discussed.

The Muselmann as Limit-Figure

Drawing on Primo Levi and other testimonies, Agamben analyzes the Muselmann—the camp inmate reduced to extreme physical and psychic exhaustion—as a “limit‑figure” of the human, where the distinction between life and death, human and non‑human, becomes blurred. Although developed more fully in later works, this discussion in Homo Sacer is often cited for its stark depiction of bare life.

Use in Secondary Literature

Commentators frequently reproduce these passages to illustrate Agamben’s core concepts: law in force without application, bare life, inclusive exclusion, and the camp as paradigm. Some praise their clarity and interpretive power; others argue that their aphoristic style encourages overextension of the concepts beyond the contexts Agamben directly analyzes. Nonetheless, these famous sections have played a central role in establishing the book’s vocabulary in contemporary theory.

14. Major Criticisms and Debates

Homo Sacer has generated extensive critical discussion across disciplines. Major lines of criticism focus on its historical claims, conceptual apparatus, and relation to other theorists.

Historical and Empirical Critiques

Many historians and social scientists argue that Agamben’s thesis that the camp is the nomos of the modern involves historical overgeneralization. They contend that:

  • The differences among various types of camps (concentration, labor, refugee, detention) are substantial and cannot be subsumed under a single paradigm.
  • The specific features of the Nazi camp system and the Holocaust risk being flattened when treated as exemplary of modern politics as such.

Others suggest that Agamben’s accounts of Roman law and ancient practices rely on limited textual evidence and sometimes speculative interpretation.

Conceptual and Methodological Concerns

Critics also focus on the abstraction of terms like bare life, camp, and state of exception. They argue that:

  • These concepts can be difficult to operationalize or test empirically.
  • The emphasis on extreme situations may obscure more ordinary mechanisms of governance and forms of resistance.

Some scholars worry that the pervasive reach of bare life in Agamben’s narrative risks a kind of theoretical pessimism, leaving little room for political agency.

Relation to Foucault and Political Theory

Foucault scholars dispute Agamben’s presentation of biopolitics, claiming that he underplays:

  • The importance of disciplinary power and governmentality.
  • The multiplicity and productivity of modern power, which in Foucault is not reducible to sovereign decision or exception.

In political theory, commentators debate whether Agamben’s focus on sovereignty and exception sidelines other crucial dimensions of democracy, such as deliberation, institutional checks, or rights‑based struggles. Some argue that his notion of the people as divided between a political body and bare life overlooks the complexities of social movements and popular politics.

Normative and Ethical Questions

Because Homo Sacer largely diagnoses structures of domination without detailed exploration of resistance or alternatives, several critics see it as normatively indeterminate. Others worry about the ethical implications of using the Holocaust and camp experiences as generalized paradigms, suggesting this may risk moral inflation or insufficient attention to victims’ specificity.

Despite these objections, even critical readers acknowledge the book’s significance in opening new lines of inquiry into sovereignty, law, and life, often framing their own approaches in dialogue with or against Agamben’s theses.

In political and legal theory, Homo Sacer has been both influential and polarizing. Its concepts have entered debates on sovereignty, constitutionalism, human rights, and emergency powers.

Political Theory

Political theorists have used Agamben’s framework to:

  • Analyze the fragility of rights when confronted with states of exception.
  • Rethink the figure of the people, especially in contexts of exclusion, statelessness, or mass displacement.
  • Explore continuities between democratic and authoritarian regimes in their treatment of life.

Some view the book as a radicalization of themes from Hannah Arendt and Foucault, offering a powerful critique of modern political forms. Others, however, argue that Agamben’s emphasis on bare life and camps neglects positive dimensions of democratic politics, such as participatory practices, social movements, and institutional innovations.

Legal theorists have engaged particularly with Agamben’s account of the state of exception. His work has been cited in discussions of:

  • Emergency decrees and constitutional derogations.
  • The status of enemy combatants and irregular detainees.
  • The tension between rule of law and executive prerogative.

Supporters maintain that Homo Sacer exposes a fundamental instability in legal orders: their reliance on a capacity to suspend themselves. Critics from legal scholarship often argue that Agamben underestimates the normative and procedural constraints that many legal systems place on emergency powers, and that he overlooks internal legal debates and doctrines (such as proportionality or judicial review) that mediate the use of exceptions.

Interdisciplinary Uptake

The book has also been influential in critical legal studies, international law, and human rights theory, where it is used to question whether existing legal frameworks can adequately protect individuals from sovereign overreach. Some scholars endorse Agamben’s skepticism, while others use his arguments as a foil, defending the transformative potential of law.

Overall, the reception in political and legal theory has been marked by extensive citation, critical engagement, and divergent assessments of whether Homo Sacer offers primarily a diagnostic warning, a conceptual toolkit, or a problematic exaggeration of sovereignty’s reach.

16. Influence on Contemporary Issues and Case Studies

Homo Sacer has been applied to numerous contemporary phenomena, particularly where questions of emergency, detention, and exclusion arise.

Detention and Security Regimes

After the early 2000s, many commentators used Agamben’s concepts to analyze:

  • The detention facility at Guantánamo Bay, often described as a space of legal exception where detainees are treated as “enemy combatants” outside ordinary legal protections.
  • Extraordinary rendition and secret prisons, interpreted as manifestations of sovereign power operating beyond conventional jurisdiction.
  • Domestic anti‑terrorism laws and preventative detention, framed as expansions of the state of exception into ordinary governance.

Proponents argue that these cases exemplify the production of bare life and the normalization of exceptional measures. Critics caution that such applications can sometimes oversimplify complex legal and political frameworks.

Migration, Refugees, and Borders

Agamben’s analysis has also informed studies of:

  • Refugee camps, border detention centers, and transit zones, seen as contemporary “camps” where individuals exist in suspended legal status.
  • The condition of undocumented migrants, understood as living in a space of partial or precarious inclusion within the host state’s legal order.

Scholars debate whether these spaces fully instantiate Agamben’s camp paradigm or whether the analogy should be used more cautiously, given variations in rights, mobility, and degrees of coercion.

Public Health and Biopolitical Management

During public health crises, such as pandemics, some theorists have drawn on Homo Sacer to examine:

  • Quarantine and lockdown measures framed as states of emergency.
  • The biopolitical management of populations through surveillance, testing, and vaccination policies.

Interpretations differ on whether these measures primarily protect life or exemplify a deepening of biopolitical control; some argue Agamben’s framework risks conflating necessary public health measures with exceptionalist abuses.

Digital and Surveillance Practices

More recently, Agamben’s ideas have been extended to digital contexts, with analyses of:

  • Mass data collection and algorithmic governance as new forms of managing life.
  • The potential creation of populations exposed to decisions without transparency or recourse.

Here, views diverge on how directly the logic of the camp and bare life translates into virtual or informational domains.

Across these case studies, Homo Sacer functions both as a diagnostic lens and a point of controversy, with ongoing debate about the appropriateness and limits of applying its concepts to varied contemporary issues.

17. Relation to the Broader Homo Sacer Project

Homo Sacer: Sovereign Power and Bare Life is the first volume in a larger, multi‑part project that Agamben collectively refers to as the Homo Sacer series. This initial book lays the conceptual foundation for subsequent works.

Position within the Series

Later volumes, such as:

  • State of Exception,
  • Remnants of Auschwitz,
  • The Open,
  • The Kingdom and the Glory,
  • The Highest Poverty,

develop and extend themes introduced in the first volume. Homo Sacer introduces core notions—bare life, sovereignty, exception, camp—that subsequent texts apply to specific domains: emergency law, witness and testimony, human/animal distinctions, economic theology, and monastic forms of life, among others.

Thematic Continuities

Across the series, Agamben continues to explore:

  • The nexus between law and life initiated in Homo Sacer.
  • The political‑theological underpinnings of Western institutions.
  • The possibility of a “form‑of‑life” that would not be separable into bare life and juridical form—an idea first hinted at in the conclusion of the initial volume.

Some commentators see the first Homo Sacer volume as providing the architectural blueprint of the project, with later works filling in historical and systematic details. Others argue that the series significantly reconfigures its initial premises, especially as Agamben’s focus shifts toward economic governance, liturgy, and monastic rules.

Scholarly Perspectives

From a scholarly standpoint, the relation between this volume and the series raises interpretive questions:

  • Should Homo Sacer be read primarily on its own terms, or retrospectively in light of later developments (e.g., the anthropological machine, oikonomia)?
  • Do subsequent volumes confirm the early thesis about the camp as nomos, or qualify it by exploring different modalities of power?

Different answers to these questions lead to diverging assessments of the book’s role—either as a definitive statement on sovereignty and bare life or as an initial, partial articulation within a more expansive and evolving theoretical enterprise.

18. Legacy and Historical Significance

Since its publication, Homo Sacer: Sovereign Power and Bare Life has become a canonical reference in contemporary political and legal thought, as well as in broader humanities and social sciences.

Intellectual Impact

The book has:

  • Popularized the vocabulary of bare life, state of exception, and camp in discussions of modern politics.
  • Contributed to the revival of political theology, by tracing analogies between theological and juridical concepts.
  • Influenced debates on biopolitics, often in dialogue or tension with Foucault’s framework.

Its concepts have been taken up in fields as diverse as international relations, urban studies, migration studies, literary theory, and anthropology.

Role in Public and Academic Debates

Homo Sacer has informed public discourse on emergency measures, counter‑terrorism policies, and the treatment of migrants and detainees. Academically, it has generated a substantial secondary literature, including monographs, edited volumes, and special journal issues that either apply or critique Agamben’s ideas.

Some scholars credit the book with sharpening awareness of how exceptional measures can become normalized, and of how legal frameworks may produce forms of exclusion. Others argue that its influence has sometimes led to overuse of terms like “camp” and “bare life,” encouraging sweeping analogies that blur important distinctions.

Long-Term Significance

Assessments of the book’s historical significance vary. Supporters see it as one of the late 20th century’s most important contributions to political philosophy, offering a powerful reinterpretation of Western political history and a critical lens on contemporary practices. Critics maintain that its legacy is more ambivalent, combining conceptual innovation with problematic generalizations.

Regardless of these divergences, there is broad agreement that Homo Sacer has reshaped how scholars and practitioners think about the intersections of law, sovereignty, and life. Its enduring presence in theoretical and empirical work suggests that, even where its theses are contested, it has established a lasting point of reference for analyzing the politics of the modern era.

Study Guide

advanced

The work presupposes familiarity with political theory, legal concepts, and 20th‑century philosophy (Foucault, Schmitt, Benjamin). Its style is dense, terminologically exact, and often moves across historical periods using a non‑linear ‘paradigmatic’ method. It is best approached after some grounding in continental political philosophy.

Key Concepts to Master

Sovereign power

The power that decides on the state of exception and thereby stands both inside and outside the legal order, founding law precisely by suspending it.

State of exception

A situation in which the normal legal order is suspended by the sovereign, creating a zone where law is ‘in force without application’ and the distinction between law and violence becomes blurred.

Homo sacer

A figure from Roman law who may be killed but not sacrificed, paradigmatic for a life that is legally abandoned yet still bound to law—a prototype of bare life.

Bare life (nuda vita)

Life reduced to its sheer biological existence, stripped of political, juridical, or religious qualifications and included in the legal order only through its exclusion.

Inclusive exclusion and the ban

Inclusive exclusion is the operation by which something is included in a system precisely by being excluded (e.g., through the ban), producing a threshold status where someone is outside normal protections but still defined by law.

Biopolitics

A mode of politics in which biological life—health, reproduction, mortality, populations—becomes the primary object of power, management, and regulation by modern states and institutions.

Camp as the nomos of the modern

The thesis that the camp—where the state of exception is permanently realized and bare life is produced—is the fundamental spatial and juridical arrangement (nomos) that underlies modern politics.

Form-of-life (forma-di-vita)

A way of life inseparable from its form, which cannot be divided into bare life and political or juridical qualifications; a prospective figure for politics beyond the nexus of sovereignty and bare life.

Discussion Questions
Q1

How does Agamben’s redefinition of sovereignty—through the power to decide on the state of exception—alter our understanding of the relationship between law and violence?

Q2

In what sense is homo sacer ‘included’ in the legal order through being ‘excluded’ from it, and how does this help explain modern figures such as refugees or undocumented migrants?

Q3

To what extent is Agamben convincing when he argues that the camp, rather than the polis or the nation‑state, is the ‘nomos of the modern’? What are the strengths and weaknesses of treating the camp as a paradigm for modern politics?

Q4

How does Agamben’s concept of bare life relate to Foucault’s notion of biopower? Does Agamben clarify or obscure the role of everyday disciplinary and governmental practices in modern societies?

Q5

Why does Agamben consider the Muselmann a ‘limit‑figure’ of the human, and how does this figure deepen his account of bare life?

Q6

What role does political theology play in Agamben’s analysis of sovereignty and the state of exception?

Q7

Does Homo Sacer leave room for political resistance and alternatives, or does its emphasis on domination and bare life lead to theoretical pessimism?

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APA Style (7th Edition)

Philopedia. (2025). homo-sacer-sovereign-power-and-bare-life. Philopedia. https://philopedia.com/works/homo-sacer-sovereign-power-and-bare-life/

MLA Style (9th Edition)

"homo-sacer-sovereign-power-and-bare-life." Philopedia, 2025, https://philopedia.com/works/homo-sacer-sovereign-power-and-bare-life/.

Chicago Style (17th Edition)

Philopedia. "homo-sacer-sovereign-power-and-bare-life." Philopedia. Accessed December 11, 2025. https://philopedia.com/works/homo-sacer-sovereign-power-and-bare-life/.

BibTeX
@online{philopedia_homo_sacer_sovereign_power_and_bare_life,
  title = {homo-sacer-sovereign-power-and-bare-life},
  author = {Philopedia},
  year = {2025},
  url = {https://philopedia.com/works/homo-sacer-sovereign-power-and-bare-life/},
  urldate = {December 11, 2025}
}