The Author examines how Romantic Ambiguity lies at the heart of the legal notion of Sovereignty, applying a law and literature approach to notions developed by Benjamin and Carl Schmitt. Moving from a sophisticated analysis of literary texts, the inquiry intends to unveil the subtle strategies that lay behind the construction of Modernity and of its representational canon. The research perspective intentionally discloses the inherent dialectic between aesthetics and law. On this ground this paper rethinks the theory of the 'state of exception' as a pivotal concept for a deep understanding of Law and Politics (and their proper untraced boundaries), offering an alternative interpretation with respect to Giorgio Agamben's thought. The Author's lecture comes to rewrite even the centrality of representation as a fundamental notion both in literary and in political terms.
Keywords: Law, Literature, Shakespeare, Hamlet, Romanticism, Sovereignity, Politics, State, State of exception, representation, Schmitt, Benjamin, Eliot, Agamben
JEL Classifications: K10, K30, K40, K49
Published in Anglistik, International Journal of English Studies, vol. 20, Issue 2, September 2009, pp. 121-130 (Universitaetsverlag Winter Heidelberg)
available at SSRN