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Zartaloudis (University of Kent) and Anton Schütz (Birkbeck College, University of London)

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Zartaloudis (University of Kent) and Anton Schütz (Birkbeck College, University of London) Encounters in Law and Philosophy ENCOUNTERS IN LAW AND PHILOSOPHY S T A S I SERIES EDITORS: Thanos Zartaloudis (University of Kent) and S C Anton Schütz (Birkbeck College, University of London). i v i l This series interrogates, historically and theoretically, the encounters W a r Thanos between philosophy and law. Each volume published takes a unique a s approach and challenges traditional approaches to law and philosophy. a P o l i t i c A new contribution to Agamben’s continuing a ZARTALOUDIS l P genealogy of power a r a d i In this inaugural volume of the Encounters in Law and Philosophy g m series, Giorgio Agamben focuses upon the on-going warfare European THE BIRTH state power has waged against its most malignant enemy: civil war itself. The survival of the State is seen to depend on its ability to preserve the OF NOMOS political community from factional enmity. Agamben first investigates the Athenian theme of ‘Stasis’ – the city’s struggle against internal G I revolt – before turning to a new reading of Hobbes’s Leviathan and its O approach to the peril of the commonwealth’s exposure to civil strife, R G division and revolution. I O At the heart of this book is the issue of state powers in their A G continuous decline – an issue that is key to the renewal of political, A M philosophical and legal thought. B E N Giorgio Agamben is one of the most vigorous thinkers of our time. He is best known for his recent Homo Sacer series of publications interrogating power and biopolitics. He holds the Baruch Spinoza Chair at the European Graduate School in Saas-Fee, Switzerland, and his professorial career includes Cover image: www.shutterstock.com Cover design: www.hayesdesign.co.uk www.euppublishing.com Thanos Zartaloudis’ The Birth of Nomos renovates entirely our under- standing of a fundamental term in the history of Western culture. From this unprecedented book, it becomes clear that we will need to rethink all of the themes that our ethical and political tradition has gathered around the word ‘Law’. Giorgio Agamben Generosity is not a word Zartaloudis explicitly deploys in this remarka- ble investigation – a veritable cosmonomy, to invoke the author’s erudite terminology. And yet, what better way to describe what he does in The Birth of Nomos, as he genially apportions and distributes, scrupu- lously gives and grants, deftly dispensing and setting apart the multiple sources and resources that have nourished, or been fed by, the word nomos (differentially accented) and its ‘family of words’? Throughout, Zartaloudis reads and roams, disposes, arranges and orders anew centuries of use, fields of practice and thought (poetry and proph- ecy, tragedy and philosophy, shepherding and mousikē, to name just a few), engrossing traditions of reading, of performance and conduct, as well as persistent issues and concepts of manifest currency – and intense urgency. The outer edges of law (that most common transla- tion of nomos from which Zartaloudis knowingly seeks to guard us, ‘the danger’, he says, ‘is, as ever, to miss the point’) are traversed and carefully circumvented, revealed for their still unchartered expanses, the multifarious forms of life and worlds they are and have been. A masterful and exemplary, truly creative and generous work. Gil Anidjar, Columbia University Writing in the grand tradition of humanistic legal research, The Birth of Nomos proffers an extraordinarily sophisticated and extremely precise tracking of the European roots of the legal tradition. Contemporary legal theory defines nomos and norm as law and rule. In a meticulously erudite work of philological and philosophical investigation, The Birth of Nomos patiently and decisively evidences the paucity and inaccuracy of such designations. Zartaloudis in this scintillatingly original study traces the plural roots and multiple forms of nomos and in doing so redraws the boundaries of jurisprudence. Peter Goodrich, Cardozo Law School Like no one else before, Thanos Zartaloudis has broken through the complexities of the concept of nomos with a tour de force. As incisive and imaginative as one wants intellectual work to be, The Birth of Nomos bursts even more with stunning philological prowess, poetic invention, and philosophical ingenuity – a real gem to behold and a treasure to mine over and over. Stathis Gourgouris, Columbia University ENCOUNTERS IN LAW AND PHILOSOPHY SERIES EDITORS: Thanos Zartaloudis and Anton Schütz This series interrogates, historically and theoretically, the encounters between philosophy and law. Each volume published takes a unique approach and challenges traditional systemic approaches to law and philosophy. The series is designed to expand the environment for law and thought. Titles available in the series STASIS: Civil War as a Political Paradigm Giorgio Agamben On the Idea of Potency: Juridical and Theological Roots of the Western Cultural Tradition Emanuele Castrucci Political Theology: Demystifying the Universal Marinos Diamantides and Anton Schütz The Birth of Nomos Thanos Zartaloudis General Advisor Giorgio Agamben Advisory Board Clemens Pornschlegel, Institut für Germanistik, Universität München, Germany Emmanuele Coccia, École des Hautes Études en Sciences Sociales, France Jessica Whyte, University of Western Sydney, School of Humanities and Communication Arts, Australia Peter Goodrich, Cardozo Law School, Yeshiva University, New York, USA Alain Pottage, London School of Economics, Law School, UK Justin Clemens, University of Melbourne, Faculty of Arts, Australia Robert Young, NYU, English, USA Nathan Moore, Birkbeck College, Law School, University of London, UK Alexander Murray, English, Queen’s University Belfast, UK Piyel Haldar, Birkbeck College, Law School, University of London, UK Anne Bottomley, Law School, University of Kent, UK Oren Ben-Dor, Law School, University of Southampton, UK edinburghuniversitypress.com/series/enlp THE BIRTH OF NOMOS Thanos Zartaloudis Edinburgh University Press is one of the leading university presses in the UK. We publish academic books and journals in our selected subject areas across the humanities and social sciences, combining cutting-edge scholarship with high editorial and production values to produce academic works of lasting importance. For more information visit our website: edinburghuniversitypress.com © Thanos Zartaloudis, 2019 Edinburgh University Press Ltd The Tun – Holyrood Road 12 (2f) Jackson’s Entry Edinburgh EH8 8PJ Typeset in 11/13 Palatino by Servis Filmsetting Ltd, Stockport, Cheshire, and printed and bound in Great Britain A CIP record for this book is available from the British Library ISBN 978 1 4744 4200 8 (hardback) ISBN 978 1 4744 4202 2 (webready PDF) ISBN 978 1 4744 4203 9 (epub) The right of Thanos Zartaloudis to be identified as author of this work has been asserted in accordance with the Copyright, Designs and Patents Act 1988 and the Copyright and Related Rights Regulations 2003 (SI No. 2498). Contents List of Abbreviations viii PREFACE Anthroponomikos xiii 1. The idea of nomos xiii 2. Pré-droit xvi 3. Preliminary linguistic aspects xxi PART ONE HOMERIC NOMOS ONE The Nomos of Feasts and ‘Sacrifices’ 3 1. Distribution-sharing 3 2. Feasts 8 3. ‘Sacrifice’ 13 4. Meat 22 5. Commensality 30 6. Sympotic distribution-sharing 33 7. A distributive ēthos? 34 TWO Nomos Moirēgenēs 38 1. Moira 38 2. Klothology: weaving a life 43 3. Apportionment 49 4. Binding 50 5. Weighing the scales 58 6. Dunamis 63 7. One cannot go permanently without sleep 65 8. Meropes anthrōpoi 67 Contents THREE The Nomos of the Land 72 1. Nemō-land 72 2. Mycenaean land-‘holding’ 74 3. Homeric land-‘holding’ 89 4. Klēros 92 5. Apoikia 97 6. Oikos 102 7. Temenos 106 8. The word that wasn’t there 114 FOUR Pastoral Nomos 121 1. Pastoral oikonomia 121 2. Homeric shepherds 134 3. Pastoral ēthos 137 4. Nemein 140 5. Nomós 144 6. Nomios 146 7. A nomad nomós 149 FIVE Nemesis 151 1. Indignation 152 2. Visibilities 155 3. Aidōs 157 4. Huperdikon Nemesin 161 PART TWO POST-HOMERIC NOMOS SIX The Nomos of the Post-Homeric Poets 165 1. Hesiod’s cosmonomy 165 2. Hesiodic nómos 171 3. Alcman, Alcaeus, Archilochus and Theognis 181 SEVEN The Nomos of Heraclitus 188 1. Kosmology 188 2. Nemō 191 3. Nomizein 196 4. Fr. 114 198 5. Palinomia 207 vi Contents EIGHT Nomos Basileus 212 1. Pindar’s nemein 212 2. Nomos basileus 216 3. Heracles 223 4. Diomedes and Geryon 231 5. Bia and dikē 234 6. Agamben’s nomos basileus 239 7. Hölderlin’s un-Heraclean nomos 246 8. Cosmonomy 252 9. Neither a nomodicy, nor a nomomachia 255 NINE The Nomos of the Tragedians 258 1. Prologue 258 2. Nemein 260 2.1 Aeschylus 260 2.2 Sophocles 265 2.3 Euripides 269 3. Nōmaō/Nōmōn 272 4. Nómos 274 4.1 Aeschylus 274 4.2 Sophocles 280 Antigone’s nómos 287 Burial 287 Hupsipolis 291 Antigonomia 299 Autonomos 305 4.3 Euripides 313 TEN Nomos Mousikos 339 1. Bios mousikos 339 2. A note on ‘ritual’ mousikē 345 3. Διὰ μούσας 349 4. Harmonia 364 5. Mousikos nómos 370 6. The early law-givers’ song 384 Bibliography 397 vii Abbreviations Eq. Equites Thes. Thesmophoriazusae Ath. Athenaeus Ath. [Bohn] Athenaeus (1854) BCH Bulletin de Correspondance Hellénique Cic. Cicero Abbreviations N.D. De Natura Deorum Clem. Alex. Clemens Alexandrinus Strom. Stromateis Dem. Demosthenes adesp. adespota Din. Dinarchus Ael. Aelianus Diod. Sic. Diodorus Siculus V.H. Varia Historia Diog. Laert. Diogenes Laertius Ael. Arist. Aelius Aristides Vit. Vitae Or. Orationes Eur. Euripides Aes. Aeschylus Alc. Alcestis Ag. Agamemnon Ba. Bacchae Choe. Choephoroi Cycl. Cyclops Eum. Eumenides El. Electra Per. Persae He. Helena Sept. Septem contra Thebas (Seven against Thebes) Hec. Hecuba Sup. Supplices Her. Heracles Alcm. Alcman IA Iphigenia Aulidensis Andoc. Andocides IT Iphigenia Taurica Anth. Pal. Anthologia Palatina Phoen. Phoenissae Apol. Rhod. Apollonius Rhodius Rh. Rhesus Argo. Argonautica Eust.
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