Abstract

Placed between constituting and constituted power, homo sacer reveals the state of exception, which through sovereign ban, is kept both inside and outside the law. Agamben’s latest political and legal philosophy is based upon this concept. As the victim of sovereignty, homo sacer unfolds the paradox of sovereign power, criticiz- ing its fundaments and showing the emptiness of law. However, for potentiality which is at the centre of Agamben’s argument, we need to look not only outside sovereignty and sovereign power, but also outside homo sacer. This ar- ticle aims to examine such space, arguing that through absolute potentiality, the fulfilment of law is possible with the content to be focused on reaching conditions of justice and happy life.