3.1. There is, however, an aspect of the rules according to which they can be considered as juridical acts; it does not concern civil or penal law, but public law. It is possible, that is to say, to consider the rules as constituent acts, which bear on the formation of those “political” communities that cenobies and convents undoubtedly are, even if in a peculiar sense. At the foundation of this jurispublic nature of the rules stands the doctrine of the fuga saeculi as a so-to-speak constituent process of the community of believers, which was elaborated by Philo and picked up and developed by Ambrose.
Let us first consider Philo’s De fuga et inventione (On Flight and Finding). Here the flight of Jacob is motivated first of all by the fact that Laban has abandoned all care for the law, in such a way that the “ascetic powers” that drive Jacob to flee act in order to reclaim an inheritance that has been unjustly taken from them. And the places of refuge and exile (phygadeutēria; phygē, in Greek, means in the first place exile) are here—on the basis of a midrash on Numbers 35:11–14, with regard to the places where those guilty of involuntary homicide could find refuge—genuine cities that each symbolize, however, a divine power. There are six of them: the first, the mother-city (mētropolis), is the divine word (logos), the first place in which it is useful to seek refuge. The other five, which are “colonies” (apoikiai) with respect to the first, are described as follows:
their leader being creative [poietikē] power, in the exercise of which the Creator produced the universe by a word; second in order is the royal [basilikē] power, in virtue of which he that has made it governs [archei] that which has come into being; third stands the gracious [hileōs] power, in the exercise of which the Great Artificer takes pity and compassion on his own work; fourth is the legislative power, by which he prescribes duties incumbent on us; and fifth that division of legislation, by which he prohibits those things which should not be done. (17, 95)
Flight is thus conceived as a process that carries the fugitive or the exile through six cities that are so many constitutive “political” powers: the divine word (identified with the great/high priest), creation, kingdom, governance, positive and negative legislation.
The cities are, moreover, Levitical cities, because the Levites are themselves in a certain way also fugitives and exiles (phygades), who have abandoned parents, children, and brothers in order to please God. To the Levites and priests are entrusted the care of the temple and the leitourgia (that is, the public function of the cult). In the same way, even the fugitives who have been rendered guilty of an involuntary fault “are also engaged in a service [leitourgousi]” (17, 93). In this dense midrash, which was to have a long posterity in Christianity, exile is seen paradoxically as a “liturgy,” a public service by which the exiled are assimilated to priests.
It is well known that Ambrose’s De fuga saeculi (Flight from the World) depends heavily on Philo’s text and that, in this sense, it certainly does not sparkle with originality. Yet the very fact that he had decided to insert Philo’s midrash into one of the foundational works of Christian asceticism inscribes the theme of the flight from the world within a peculiar perspective, in which renunciation and asceticism are linked closely to the exercise of the priesthood, that is to a public practice. Not only does chapter 2 take up once again, almost literally, Philo’s exegesis of the cities of refuge, but with a development that is pregnant with significance, the high priest, whom Philo already assimilated to the divine logos, is identified without reserve with the Son.
Who is this chief priest but the Son of God, the Word of God? We enjoy his advocacy in our behalf before the Father, for he is free from every offense, both willed and unintentional, and in him subsist all things which are on earth and which are in heaven. For all things have been bound by the bond of the Word and are held together by his power and subsist in him, because in him they have been created and in him all God’s fullness dwells. And so all things endure, because he does not allow what things he has bound to be loosened, since they subsist by his will. Indeed, as long as he wills, he keeps all things in check by his command and rules and binds them by a harmony of nature. (Ambrose, pp. 85/291)
At the suggestion of Philo and the Pauline letter to the Hebrews, the Word is immediately associated with the great priest of Psalm 109:4:
Be satisfied now that he is the great high priest. The Father swore an oath in his regard, saying, “You are a priest forever.” . . . This is the Word of God, in whom there inheres the high priesthood. In the account of the clothing of the high priest, Moses describes the garments symbolically, because the Word put on the world by his own power and is resplendent among all men as if he were clothed with it. . . . Christ is the head of all, and from him the whole body extends and is joined by a mutual joining of its parts to one another, while receiving its increase in the building up of itself in love. (ibid., pp. 88–90/293–94)
Here the theme of the flight from the world, so constitutive of monasticism, is united with the exercise of an ecclesial practice in which the fugitive appears as a true minister of the community: “the minister of God’s holy altar is one who is in flight from his own” (fugitans igitur est suorum sacri altaris eius minister; pp. 78/285). And it is on this basis that monastic exile from the world could be conceived as the foundation of a new community and a new public sphere.
א By making exile a constitutive political principle, Philo was in reality referring to a tradition established in Greek philosophy, which made use of exile as a metaphor of the perfect life of the philosopher. In the celebrated passage of the Theatatus (176a–b), in which assimilation to God appears as a phygē (phygēēde homoiōsis theōi kata ton dynaton), it is necessary to restore to phygē its originary meaning of exile (“assimilation to God is virtually an exile”). And it is in perfect analogy with the Platonic metaphor that in the Politics (1324a 15–16) Aristotle can define the form of the philosopher’s life as “alien” (xenikos bios). And centuries later, when Plotinus at the end of the Enneads will define the life of “divine and happy” men (that is, of philosophers) as a phygēmonou pros monon, the passage becomes fully intelligible only if the political character of the image is not lost: “exile in solitude to the solitary” (Ennead 6.9.11). “Exile from the world” is first of all a political gesture that in Philo and Ambrose is equivalent to the constitution of a new community.
3.2. In 1907 Ildefons Herwegen, the initiator of the liturgical movement in the Benedictine abbey of Maria Laach, called attention to an exceptional document that casts new light on the rules and monastic professions and, in particular, allows one to situate them in a jurispublic perspective. The text in question is the so-called Pactum, which is found at the end of St. Fructuosus of Braga’s Regula communis. The interest of this document, from a little before 670, is that it is presented as an accord or contract between two parties, the group of monks on the one hand (designated with the generic term nos omnes) and the abbot on the other (defined as tu dominus), in which they found and regulate the community through decreeing reciprocal obligations:
Thus, fired with divine ardor, lo, all of us whose names are subscribed below entrust our souls to God and to you, our master and our father, that we may live in one monastery under Christ’s guidance and your teaching according to the edict of the apostles and the Rule, and as sanctioned by the authority of the fathers in the past. Whatever you desire for the safety of our souls to pronounce, teach, perform, reprimand, excommunicate, or correct in accordance with the Rule [annuntiare, docere, agere, increpare, imperare, excommunicare, secundum regulam emendare], we shall completely carry out with humble heart, all arrogance aside, with mind intent, with burning zeal, with the aid of divine grace, without making excuses [inexcusabiliter], and with the Lord’s favor. If any of us shall be complaining, obstinate, disobedient, or slandering against the Rule and against your command [contra regulam et tuum praeceptum murmurans, contumax, inobediens vel calumniator], then, you may have the power to bring all into an assembly and to read the Rule in the presence of all and to correct our guilt publicly, and each one who is guilty shall receive his due, the lash or ban of excommunication, with due consideration for his misconduct. If anyone shall secretly intrigue with his parents, brothers, sons, relatives, or neighbors, or especially with a fellow brother in the absence of the above-mentioned father, you may have the power over each one who has attempted such a crime to have him put under ban of excommunication and confined to a dark cell for six months on bread and water alone, wearing a penitential tunic or sackcloth, without cincture and without shoes. If a monk is unwilling to undertake such a penance with full consent, he is to be stretched out naked and given 72 blows with a lash and to be deprived of the clothing of the monastery and to be expelled from the institution in conspicuous disgrace. (Fructuosus, “Pact,” p. 208; cf. Herwegen, pp. 2–3)
Opposite this subjection of the monks to the sovereignty of the abbot stands, however, the obligation of the abbot to govern with justice and equity:
We remind you, our master, that if you should treat any of us unjustly—which it is unreasonable to believe and which may God not allow to happen—if you should treat any of us with pride or anger, or should love one and show hatred and rancor for another, or should dominate one but revere another, as people often do, then we shall have the right also granted to us by God to take our complaint without pride and without anger through the dean to the prior, and the prior shall humbly kiss the foot of you our lord and lay before you the details of our complaint, and you must be willing to listen patiently and to bend your neck humbly to the common rule and correct and reform yourself. If you are not willing to correct yourself, then we may also have the power of consulting another monastery, or else a bishop who lives under the Rule, or a Catholic count who is a defender of the Church, and of inviting them to meet with us, that, in their presence, you may correct yourself and fulfill the tenets of the Rule. (Fructuosus, “Pact,” p. 209; cf. Herwegen, pp. 3–4)
Herwegen, who lingers on the juridical meaning of the document, renders an account of the constitutional character of the pact with respect to the convent community, but without drawing all its consequences. “This formula,” he writes, “is the expression of a juridical negotiation through which a multiplicity is united for a common cloistered life. A superior power, under the reservation of certain rules, is conferred on an abbot defined as ‘lord and father,’ in the form of a monastic profession. The agreement is presented here as the foundation of a convent, connected with the subjection of the monks to the abbot” (Herwegen, p. 4). From this perspective, he seeks to demonstrate the possible influence on the pactum, on the one hand, of the oaths of subjection between subjects and sovereign contained in the lex Visigothorum and, on the other, of the Roman legionnaire’s oath of obedience. It is all the more surprising, then, that Herwegen, exclusively preoccupied with relating the pactum to its Visigothic context and distinguishing it from the monastic profession in the strict sense, does not notice that the pactum constitutes, perhaps, the first and only example of a social contract in which human beings in a group subject themselves unconditionally to the authority of a dominus, attributing to him the power to direct the life of the community that is thus founded in all its aspects. With respect to the Hobbesian covenant or Rousseau’s social contract, in which the authority of the sovereign knows no limits, to the monks’ obligation of subjection there corresponds the obligation to govern with justice on the part of the abbot. In any case, however, what is decisive is that the pactum is not in any way assimilable to a private contract and that by abstracting the question from the discussion—which is, all things considered, sterile—of the contractual or votive character of the monastic profession, it allows us in some way to consider the rules in their integrity as true and proper constituting documents (constitutiones, as they are after all often designated) of the cloistered community.
3.3. In reality, what is decisive here is not so much the problem of the more or less juridical nature of the rules, which cannot be proposed for the earliest rules, but more generally that of the peculiar relation between life and norm that comes to be established in the rule. What is in question is thus not what in the rule is precept and what is advice, nor the degree of obligation that it implies, but rather a new way of conceiving the relation between life and law, which again calls into question the very concepts of observance and application, of transgression and fulfillment.
Already in the earliest rules, the penal apparatuses often refer not to individual actions, but to something like a vice or a spiritual condition of the monk. Qui facilis est ad detrahendum, si in hoc peccato fuerit deprehensus . . . iracundus et furiosus si frequenter irascitur (“The one who is quick to slander, if he is caught in this sin . . . if an irascible and raging person frequently becomes angry”), one reads in Pachomius’s Praecepta atque iudicia. Si quis frater contumax aut superbus aut murmurans aut inoboediens . . . (“If any brother is stubborn or proud or given to complaining or disobedient . . .”), begins the chapter De excommunicatione culparum (About Excommunication for Faults) in the Rule of the Master (Vogüé2, 2, pp. 33/149). And in the rule of Isidore, the index that enumerates the most serious offences is more similar to a catalog of vices than to the outline of culpable offences: si temulentus quisquam sit, si discors, si turpiloquus, si feminarum familiaris, si seminans discordias, si iracundus . . . (“if anyone is drunk, disagreeable, foul-speaking, friendly with women, a sower of discord, irascible . . .”; Regula monachorum, p. 886).
This holds even more so for the monk’s positive obligations. A passage from Bernard of Clairvaux’s De praecepto et dispensatione (On Precept and Dispensation) is particularly significant from this perspective. Responding in an imaginary dialogue to a monk who, having professed the rule, laments not being able to fulfill his vow in the monastery where he is, Bernard writes:
But truly, I say, neither of these complaints is just. He who thinks it perjury not to observe the rule in its purity [ad purum], has I think paid scant attention to what he actually promised. No one at profession [cum profitetur] really promises “the Rule” [spondet regulam], but specifically, that he will act “according to the rule” [secundum regulam] from the moment of his conversion and in his form-of-life [conversionem suamque . . . conversationem dirigere]. This sort of profession formula has, in our day, been adopted by almost all monks. However, God is served in many diverse ways in the various monasteries. So long as one carefully observes the good customs of his house he is beyond any doubt living according to the rule, for the rule admits of variations in local customs. (Bernard of Clairvaux, De praecepto et dispensatione, pp. 250–52/140–41)
As the opposition between a technical legal term (spondere, to obligate oneself personally to something) and an expression drawn from ascetic language (to lead the proper form of life) shows clearly, the passage testifies to a transformation that affects the way we understand the relationship between norm and life. The one who promises does not obligate himself, as happens in the law, to the fulfillment of the individual acts expected in the rule, but puts into question his way of living, which is not identified with a series of actions or exhausted in them. As Bernard adds immediately after, “those who undertake to live according to the Rule [secundum regulam vivere], even if they do not keep it completely in every detail [ad unguem], and even if they change or omit certain details according to the customs of their house, as long as they are faithful to what is locally accepted as a ‘sober, just, and pious life’ [sobrie et iuste et pie vivere], they are truly living the Rule” (ibid., pp. 286/141).
It is most likely in reference to this passage that Thomas can write that “he who professes a rule does not vow to observe all the things contained in the rule [non votet observare omnia quae sunt in regula], but he vows the regular life [votet regularam vitam] which consists essentially in the three aforesaid things [poverty, continence, and humility]. Hence in certain religious orders precaution is taken to profess, not the rule, but to live according to the rule [profitentur non quidem regulam, sed vivere secundum regulam]” (Summa theologica, 2a 2ae, q. 186, art. 9). Even if Thomas seems to reduce the problem to that of the difference between precept and rule, the decisive point, which the authors have difficulty putting in focus, is the transformation that is in question in the passage from “promising the rule” to “promising to live according to the rule” (promising life). The object of the promise is here no longer a legal text to observe or a certain action or a series of determinate behaviors, but the subject’s very forma vivendi.
3.4. In Suárez, this special character of the monastic profession assumes the paradoxical form of an obligation that doesn’t have a certain human act as its object, but the obligation itself. He begins first of all by distinguishing two meanings of the term votum: in the first, the word designates “the obligation and the bond that remains in one who has pronounced the vow” (pro obligatione et vinculo quod manet in homine habente votum), in the second, “the act by which the obligation immediately comes about” (pro actu illo a quo immediate nascitur obligatio; Suárez, p. 804). “I say,” he continues, “that the vow properly so-called, insofar as it signifies that act by means of which a person obliges himself with respect to God, cannot have for its object any human act other than the obligation itself, that is the bond that is realized through the act of vowing oneself” (non habere pro obiecto alium actum humanum sed obligationem ipsam, seu vinculum efficiendum per actum vovendi; ibid.).
The vow, insofar as it “is nothing other than the obligation, by which someone is bound spontaneously to God [se spontanee obligat deo],” does not obligate one, like the law, simply to fulfill determinate acts and keep away from others, but produces in the will a “permanent and, as it were, habitual bond” (vinculum permanens et quasi in habitu; ibid.). Here the vow is a “vow of the vow” (habet pro obiecto votum), in the sense that it does not refer immediately to a certain action or a certain series of acts, but first of all to the bond that is itself to be produced in the will:
And this will, through which the human being obliges himself with respect to God, has for its object the very obligation to God and thus has for its object the vow or the promise, to the extent to which this signifies the bond itself that is to be realized through the vow, and not to the extent in which it signifies the acts to be vowed or promised [habet pro obiecto votum vel promissionem, quatenus haec significat vinculum ipsum efficiendum per votum, non quatenus significat actum vovendi aut promittendi]. (ibid.)
What Suárez here tries laboriously to conceptualize by multiplying his distinctions is the paradox of an obligation whose primary content is not a certain behavior, but the very form of the will of the one who, by promising the vow, has been bound to God. The vow has, that is, the form of law, but not its content, and like the Kantian imperative, it has no immediate object except the very will of the one vowing. For this reason, in the next chapter, Suárez takes care to distinguish the votum in the proper sense, which is realized only through the promise (per solam promissionem), from the traditio, which is added to it in the case of the solemn vow of chastity, in which the one vowing “consigns and consecrates his body to God as chaste in perpetuity” (ibid., p. 805). In distinction from the pagan devotio, in which the devotus consigned to the gods his body and his biological life, the Christian vow is, so to speak, objectively vowed and has no other content than the production of a habitus in the will, whose ultimate result will be a certain form of common life (or, from the liturgical perspective, the realization of a certain officium or a certain religio).
Once more, the decisive core of the monastic condition is not a substance or content, but a habitus or a form. Understanding that condition will require us to turn toward the task of confronting of the problem of “habit” and form of life.
א In our archeology of duty (Agamben 1, §4, chap. 8), we showed that religio is the name that theologians give to that singular relation between norm and life, which configures a sort of juridical duty in the form of a virtue or a habitus.
In order to understand the new figure of the relation between norm and life that here starts to be delineated, it is necessary to refer to juridical situations which find their technical form only later in administrative law—that is, in that branch of modern law that had its gestation in the sphere of the practices of Church administration. It is here that one encounters norms (called instrumental) that provide veritable outlines of behavior, linked to the definition of a “competence-duty,” that is, to an obligation or a legitimation to act that derives from a determinate situation (for example, the assumption of an office). The “duties of office” that result from it configure a type or a normative outline of a practice that is not exhausted in an individual action, but defines a definite conduct of life, whose objective element and subjective element tend to coincide and which recalls, in this sense, the monk’s vivere secundum regulam and religio.
3.5. What is decisive in any case is that the form of life that is in question in the rules is a koinos bios, a common life. Every interpretation of the monastic rules must first of all situate them in this context, from which they cannot be separated. When we ask ourselves about the relation between monks and rules, it is necessary not to forget Wittgenstein’s observation according to which it is not possible to follow a rule privately, because referring to a rule necessarily implies a community and a set of habits. Even for the monk the principle holds according to which “it is not possible that there should have been only one occasion on which only one person followed a rule. . . . To follow a rule, to make a report, to give an order, to play a game of chess, are customs (usages, institutions)” and “‘following a rule’ is a practice. And to think one is following a rule is not to follow a rule. And that’s why it’s not possible to follow a rule ‘privately’” (Wittgenstein 1, pp. 381–82/87–88).
It is important to specify, therefore, that the common life is not the object that the rule must constitute and govern. On the contrary—as both the claim of a “power conceded to us by God” in the “Pact” of St. Fructuosus and the insistence on the distinction between “promising the rule” and “promising life” in Bernard and Thomas testify—it is the rule that seems to be born from “cenoby,” that (to use the language of modern public law) seems to be placed with respect to cenoby like constituent power with respect to the text of the constitution. If the ideal of a “common life” obviously has a political character, cenoby is perhaps the place in which the community of life as such is claimed without reserve as the element that is in every sense constitutive. What is in question, in the life of cenoby, is thus a transformation of the very canon of human practice, which has been so determinate for the ethics and politics of Western society that perhaps still today we cannot fully grasp its nature and implications.
The Highest Poverty: Monastic Rules and Form-of-Life
Giorgio Agamben