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Carl Schmitt took the Greek word “nomos,” usually translated as “law,” but in a broad sense including “norms,” to refer to an originary division of land, a partition, by its first inhabitants. Whether the land has been conquered, discovered, or shared with another people, the nomos grounds the community in a more or less equal distribution and a more or less tacit covenant. The distribution may be according to contributions to the founding, or pre-existing power relations, and the covenant might be retrojected to the origin in order to conceal a more unilateral event, but, either way, the nomos provides a point of reference for all communal events going forward: they can be judged by the degree of their conformity to the nomos. But whoever’s judgment is decisive is sovereign, and such judgments are made necessary by either internal disputes or external threats. The nomos, that is, implies the need for judgment and the occasional organization of the community as an armed camp; while judgment and organization are legitimate insofar as they respect and reinforce the nomos. Sovereignty is ultimately exercised by a single individual—by whatever arrangement, there must be a single voice obeyed when one side in a dispute is favored or troops are ordered to fire on the enemy. The sovereign is both inside and outside the system insofar as its decisions constitute the system.

Adam Katz, Sovereignty, Nomos and Parrhesia · Jul 2016 · GABlog

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