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((short description|Status in Roman law))((Distinguish|Homo Sacer: Sovereign Power and Bare Life))((italic title))
((Refimprove|date=January 2009))
'''''Homo sacer''''' (Latin for "the sacred man" or "the accursed man") is a figure of [[Roman law]]: a person who is [[ban (law)|banned]] and might be killed by anybody, but must not be [[human sacrifice|sacrificed]] in a religious ritual.<ref>Agamben, Giorgio. Heller-Roazen, trans. ''Homo Sacer: Sovereign Power and Bare Life'' Stanford, California: Stanford University Press, 1 April 1998. 72.</ref><ref>((Cite journal |last=Mursyidi |first=Ach. Fatayillah |date=2020-12-30 |title=Homo Sacer: Ahmadiyya and Its Minority Citizenship (A Case Study of Ahmadiyya Community in Tasikmalaya) |url=https://journal.uinsgd.ac.id/index.php/jw/article/view/9402 |journal=Wawasan: Jurnal Ilmiah Agama Dan Sosial Budaya |volume=5 |issue=2 |pages=191–204 |doi=10.15575/jw.v5i2.9402 |s2cid=233479815 |issn=2502-3489|doi-access=free ))</ref> Italian philosopher [[Giorgio Agamben]] takes the concept as the starting point of his main work ''[[Homo Sacer: Sovereign Power and Bare Life]]'' (1998).

== The ''homo sacer'' in Roman antiquity ==

The meaning of the term ''sacer'' in [[Ancient Roman religion]] is not fully congruent with the meaning it took after Christianization, and which was adopted into English as ''sacred''. In early Roman religion ''sacer'' denotes anything "set apart" from common society and encompasses both the sense of "hallowed" and that of "cursed". The ''homo sacer'' could thus also simply mean a person expunged from society and deprived of all [[rights]] and all functions in [[civil religion]].

A definition of ''homo sacer'' is found in [[Sextus Pompeius Festus|Festus]], who states 'homo sacer is est quem populus iudicavit ob maleficium; neque fas est eum immolari, sed qui occidit parricidi non damnatur'.<ref>((Cite book |last=Benveniste |first=Émile |date=1973 |publisher=University of Miami Press|via=Center for Hellenic Studies|title=Indo-European Language and Society|url= http://nrs.harvard.edu/urn-3:hul.ebook:CHS_Benveniste.Indo-European_Language_and_Society.1973 |volume=6: Religion |chapter = 1: The “Sacred”|editor-last1=Lin|editor-first1=Jeremy|editor-last2=Lewandowski|editor-first2=Jacqueline|editor-last3=Parson|editor-first3=Vergil|translator=Elizabeth Palmer|access-date= January 3, 2024))</ref> ''Homo sacer'' is defined in legal terms as someone who can be killed without the killer being regarded as a murderer; and a person who cannot be sacrificed.<ref>Giorgio Agamben - Homo Sacer, 1995 (Valdisholm publishing company, Norwegian translation), 2. part (Homo Sacer) 1.1.  citing Sextus Pompeius Festus.</ref> The sacred human may thus be understood as someone outside the law, or beyond it. The term ''sacred man'' could also have been used because the condemned could only rely on protection of gods.<ref>((cite book |url=https://books.google.com/books?id=3tTfzsdmbl4C&q=prescription+homo+sacer&pg=PA167 |title=A Brief History of the Masses: (Three Revolutions) |isbn=9780231145268 |last1=Jonsson |first1=Stefan |year=2008|publisher=Columbia University Press ))</ref>

A direct reference to this status is found in the [[Twelve Tables]] (8.21), the laws of the early [[Roman Republic]] written in the fifth century BC. The paragraph states that a [[Patronage in ancient Rome|patron]] who deceives his clients is to be regarded as ''sacer''.

The status of ''homo sacer'' could fall upon one as a consequence of oath-breaking. An [[oath]] in antiquity was essentially a conditional self-cursing, i.e. invoking one or more deities and asking for their punishment in the event of breaking the oath. An oathbreaker was consequently considered the property of the gods whom he had invoked and then deceived. If the oathbreaker was killed, this was understood as the revenge of the gods into whose power he had given himself. Since the oathbreaker was already the property of the oath deity, he could no longer belong to human society, or be consecrated to another deity.

== Related cultural concepts ==

The sense of the Latin adjective ''sacer'' both overlaps and also contrasts with the Hebrew concept of [[Herem|ḥērem]],((citation-needed|date=February 2024)), "cursed, prohibited."<ref name="Cherem">((cite book |last1=Kohler-Baumgartner |title=Hebrew and Aramic Lexicon of the Old Testament |publisher=Brill |page=3233)) Note that this is different from the concept of ''qadosh'' ((cite book |last1=Kohler-Baumgartner |title=HALOT |publisher=Brill |page=8268)).</ref> That which is ''cherem,'' such as spoil taken in war, is dedicated to God and therefore sacred; but it is also accursed, so that if it is appropriated by a secular person, that person and even their family could become ''cherem'' and stoned to death.

With respect to certain monarchs, in certain western legal traditions, the concepts of the sovereign and of the ''homo sacer'' have been conflated.<ref>§ 5 Constitution of Norway -</ref>((clarify|date=January 2024))

The idea of the status of an [[outlaw]], a criminal who is declared as unprotected by the law and can consequently be killed by anyone with [[impunity]], persisted throughout the [[Middle Ages]]. Medieval perception condemned the entire human race to the intrinsic moral worth of the outlaw, dehumanizing the outlaw literally as a "wolf" or "wolf's-head" (in an era where hunting of wolves existed strongly, including a commercial element)<ref>Mary R. Gerstein, Berkeley, California, 1974, "Germanic Warg: The Outlaw as Werwolf", in G.J. Larson, ed., ''Myth in Indo-European Antiquity'', p. 132</ref> and is first revoked only by the English [[Habeas Corpus Act 1679]] which declares that any criminal must be judged by a tribunal before being punished.

==See also==
*[[Proscription]], a related Roman legal practice instituted by Sulla ((circa|((BCE|82))))
*[[Burakumin]], a similar practice in Japan
*[[Civil death]], the loss of most or all civil rights as a punishment
*[[Dalit]], the lowest caste in India
*[[Hague Conventions (1899 and 1907)|Hague Conventions]]
*[[Hostis humani generis]], in admiralty law, a term for pirates and slavers which may be attacked by any nation
*[[Kafir]], a term in Islam for someone who rejects God's authority
*[[Nonperson]], a person without social or legal status
*[[Outcast (person)]], someone rejected by or excluded from society 
*[[Stateless person]], someone not considered a national by any state
*[[Persona non grata]], someone whose diplomatic immunity has been revoked
*[[Third Geneva Convention]]
*[[Unlawful combatant]], category in United States law for attackers not regarded as protected by the Geneva Conventions
*[[Vogelfrei]], a German person declared outside the protection of the law

==References==
((reflist))
((refbegin))
*((citation |last= Agamben |first= Giorgio |author-link= Giorgio Agamben |title= Homo Sacer: Sovereign Power and Bare Life |year= 1998 |place= Stanford, California |publisher= [[Stanford University Press]] |isbn= 978-0-8047-3218-5 |url-access= registration |url= https://archive.org/details/homosacersoverei0000agam )). Trans. [[Daniel Heller-Roazen]].
((refend))

==External links==
*[https://www.academia.edu/517231/Homo_Sacer_y_violencia_divina_en_el_caso_judio_Lo_insacrificable_sometido_a_castigo ''Homo sacer y violencia divina en el caso judío: lo insacrificable sometido a castigo'' de Ely Orrego]
*[https://web.archive.org/web/20150923224204/http://www.egs.edu/faculty/giorgio-agamben/articles/life-a-work-of-art-without-an-author/ Interview with Giorgio Agamben – Life, A Work of Art Without an Author: The State of Exception, the Administration of Disorder and Private Life] By Ulrich Raulff, German Law Journal No. 5 - Special Edition, 1 May 2004)
*[ The Refugee & the Decline of the Nation State] A paper delivered by Andonis Tsonis at 'Forms of Legal Identity', 19th Annual Law & Society Conference, Melbourne, 10–12 December 2001
*[https://web.archive.org/web/20140221055613/http://www.egs.edu/faculty/giorgio-agamben/articles/we-refugees/ "We Refugees" ], Giogio Agamben on Hannah Arendt in ''Symposium'' #49
*[https://www.nytimes.com/2007/03/24/opinion/24zizek.html?_r=0 Knight of the Living Dead] March 24, 2007 ''New York Times'' Op-Ed piece by Slavoj Zizek on Terrorism and normalization of torture.

((DEFAULTSORT:Homo Sacer))
[[Category:Ancient Roman religion]]
[[Category:Crime and punishment in ancient Rome]]
[[Category:Emergency laws]]
[[Category:Human rights]]
[[Category:Latin legal terminology]]
[[Category:Philosophy of law]]
[[Category:Roman law]]
[[Category:Caste]]
[[Category:Sacrifice]]

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