Язык и право в философии Джорджо Агабмена

Вестник Воронежского государственного университета. Серия: Право. 2020. № 1. С. 93–104.

Khabibulin T.

The article contains critical evaluation of Giorgio Agamben’s views on relation between law and language. His ideas are of great interest to the philosophy of law because they offer a new approach towards the genealogy and purpose of law (law as an institution which gives language power over the world of facts) and radically put in question the connection that exists between law and language. Agamben’s thesis is built upon the presupposition that law (as well as religion) derives from more ancient institution of oath, the purpose of which is to establish a firm bond between language and reality. The efficacy of oath (as well as of law and religion that succeed it) requires a certain experience of language, which presupposes the figure of God to ensure the reliability of oath. Agamben’s critique of modern state of the problem centers around the idea that today the language in law can no longer found its potency to affect reality upon the figure of God and for this reason the experience of language in which law has emerged and in which it continues to exist finds itself in insoluble crisis. This article puts Agamben’s ideas about law and language in the context of his philosophical project in order to locate methodological boundaries of Agamben’s approach. The main concern about these boundaries is that law itself is not problematized enough in its relation to religion. The difference between these phenomena is blurred inside homogeneous concept of “experience of language”. This broad generalization in which law and religion become indistinguishable works against Agamben’s project, for the aim of his critique – law – eludes the sight.

Keywords: клятва, язык, language, Право, religion, Giorgio Agamben, Джорджо Агамбен, oath, performatives, перформативы, Law, религия