Adrián Bene

The aim of this paper is to consider legal and political theories and, more broadly, social theoretical concepts that might in practice be consistent with the aims of Agamben's critique of power. As a first step, we will recall the importance of biopolitics and such fundamental concepts as community, bare life, form-of-life, state of exception, destituent power in Agamben’s Homo Sacer project and in the context of his oeuvre from The Coming Community. Then, instead of looking for sites of resistance, we will consider the possibility of sociopolitical-legal relations that can ensure justice and equity based on human dignity, autonomy, mutual recognition and solidarity instead of domination and biopolitical governance. In relation to law, politics and power, Agamben pays particular attention to the ideas of Schmitt and Benjamin, but it is worth disrupting the system of thought based on the sovereign and the exceptional state, allowing the emergence and accentuation of different points of view, with the help of local justice, deliberative democracy, restorative justice, the insights of the community ethos, the philosophy of ubuntu, affective social theory, instead of neoliberal individualism.

The paper deals with the Sartrean concept of lived experience which constitutes a bridge between phenomenology and Marxism, psychology and ontology, individual and society, as well as between philosophy and literary criticism. The notion of lived experience is rooted in psychology, at the same time being embedded in literary criticism and phenomenology. It is interlinked with the notions of facticity, contingency, singularity, intersubjectivity, and body in the Being and Nothingness, and became the theoretical base of Sartre’s essays on Baudelaire, Genet, and especially of that on Flaubert. This lived experience is closely related to the Sartrean phenomenological concept of nature which consists in the non-reflexive conscience of our own presence-at-theworld, including corporeality.