Chronique d’un mort-vivant. Mise en altérité et devenir de l’homo sacer romain
The civil death, which is the consequence of outlawing, is a practice that has now disappeared and consists of the right to deprive someone of all rights because of his violation of the law. However, its resurgence is often mentioned in national legal debates following traumatic exactions. Moreover,...
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| Format: | Article |
| Language: | fra |
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L’Harmattan
2018-09-01
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| Series: | Droit et Cultures |
| Subjects: | |
| Online Access: | http://journals.openedition.org/droitcultures/4573 |
| _version_ | 1818193349799051264 |
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| author | Ralph Evêque |
| author_facet | Ralph Evêque |
| author_sort | Ralph Evêque |
| collection | DOAJ |
| description | The civil death, which is the consequence of outlawing, is a practice that has now disappeared and consists of the right to deprive someone of all rights because of his violation of the law. However, its resurgence is often mentioned in national legal debates following traumatic exactions. Moreover, attenuated versions of civil death exist in the form of a deprivation for citizens of a part of legal personality, and raise fears of a return to the legal scene of civil death. In order to understand this mechanism, we will explain its genesis by dwelling on a figure of archaic Rome: that of homo sacer. We will begin by describing his putting into otherness by the Law following his transgression of the religious rules which maintain an equilibrium between the gods and human beings in the society. Henceforth, being a simple living body foreign to the world and devoted to the gods, we will see in a second part that the homo sacer is in an exceptional relationship. This, as well as the right of men, since anyone can put him to death without fearing of becoming homicidal, as with regard to the law of the gods, since in spite of his status as a be sacred, he cannot be sacrificed |
| first_indexed | 2024-12-12T00:44:59Z |
| format | Article |
| id | doaj.art-b5cd7b35560940fbaa73c0a0fb464d5b |
| institution | Directory Open Access Journal |
| issn | 0247-9788 2109-9421 |
| language | fra |
| last_indexed | 2024-12-12T00:44:59Z |
| publishDate | 2018-09-01 |
| publisher | L’Harmattan |
| record_format | Article |
| series | Droit et Cultures |
| spelling | doaj.art-b5cd7b35560940fbaa73c0a0fb464d5b2022-12-22T00:44:09ZfraL’HarmattanDroit et Cultures0247-97882109-94212018-09-01763183Chronique d’un mort-vivant. Mise en altérité et devenir de l’homo sacer romainRalph EvêqueThe civil death, which is the consequence of outlawing, is a practice that has now disappeared and consists of the right to deprive someone of all rights because of his violation of the law. However, its resurgence is often mentioned in national legal debates following traumatic exactions. Moreover, attenuated versions of civil death exist in the form of a deprivation for citizens of a part of legal personality, and raise fears of a return to the legal scene of civil death. In order to understand this mechanism, we will explain its genesis by dwelling on a figure of archaic Rome: that of homo sacer. We will begin by describing his putting into otherness by the Law following his transgression of the religious rules which maintain an equilibrium between the gods and human beings in the society. Henceforth, being a simple living body foreign to the world and devoted to the gods, we will see in a second part that the homo sacer is in an exceptional relationship. This, as well as the right of men, since anyone can put him to death without fearing of becoming homicidal, as with regard to the law of the gods, since in spite of his status as a be sacred, he cannot be sacrificedhttp://journals.openedition.org/droitcultures/4573RomesacerLawOutlawhomo sacerCivil death |
| spellingShingle | Ralph Evêque Chronique d’un mort-vivant. Mise en altérité et devenir de l’homo sacer romain Droit et Cultures Rome sacer Law Outlaw homo sacer Civil death |
| title | Chronique d’un mort-vivant. Mise en altérité et devenir de l’homo sacer romain |
| title_full | Chronique d’un mort-vivant. Mise en altérité et devenir de l’homo sacer romain |
| title_fullStr | Chronique d’un mort-vivant. Mise en altérité et devenir de l’homo sacer romain |
| title_full_unstemmed | Chronique d’un mort-vivant. Mise en altérité et devenir de l’homo sacer romain |
| title_short | Chronique d’un mort-vivant. Mise en altérité et devenir de l’homo sacer romain |
| title_sort | chronique d un mort vivant mise en alterite et devenir de l homo sacer romain |
| topic | Rome sacer Law Outlaw homo sacer Civil death |
| url | http://journals.openedition.org/droitcultures/4573 |
| work_keys_str_mv | AT ralpheveque chroniquedunmortvivantmiseenalteriteetdevenirdelhomosacerromain |