Why Does the State Keep Coming Back? Neoliberalism, the State and the Archeon

Law and Critique 29 (3):359-375 (2018)
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Abstract

In this essay I argue that the distinction between neoliberalism and the Westphalian order that is said to precede it are all facets of one and the same phenomenon: archism. Archism is a style of politics based on rule and division. Looking at the work of Derrida, Foucault and Benjamin, I examine the inner workings of archism and how it can be resisted. Above all, I consider the notion of the ‘archeon’; that privileged perch from which the state or law can judge without itself being subject to that judgment. The archeon, I argue is the central node of archism that allows itself to insinuate into any number of myriad forms without appearing to be the same phenomenon. By looking at the way Benjamin subverts the theological origins of the archeon with the idea of a God who abandons the position of judgment, I show a model for how to think differently about archism such that we do not seem eternally fated to choose between the same false dichotomies over and over again.

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Leviathan.Thomas Hobbes - 1936 - Harmondsworth,: Penguin Books. Edited by C. B. Macpherson.
Homo sacer.Giorgio Agamben - 1998 - Problemi 1.

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