Abstract

Beside the notion of sacer, Roman Law defined another specific field related to the notion of sanctus - a field which is as essential and ambivalent than the former. In this article, I will show 1) that the res sanctae, unlike the sacred, pave the way for Right and are indifferent to the « bare life »; 2) that the focus of contemporary philosophy, and especially of Agamben, on the sacred, forgets the specifically legal dimension of the Sovereignty Question.