© Beytulhikme Philosophy Circle Beytulhikme Int Jour Phil 7 (2) 2017 Research Article: 15-31 ___________________________________________________________ Between Foucault and Agamben: An Overview of the Problem of Euthanasia in the context of Biopolitics [*] ___________________________________________________________ Foucault ile Agamben Arasında: Biyopolitika Bağlamında Ötenazi So- y rununa Bir Bakış h p o GÜRHAN ÖZPOLAT s o Dokuz Eylül University l i h Received: 07.06.2017Accepted: 18.12.2017 P f o Abstract: In this paper, considering the fact that special forms of dying and kill- l ing are mostly seen in a shadowy zone or blurred boundary between life and a n death, I shall attempt to find a compromise between Michel Foucault (bio- r u politics) and Giorgio Agamben’s (thanatopolitics) considerations of biopolitics o J in the case of euthanasia. In this respect, believing that this article requires a l a historical backround, I shall start with a brief history of euthanasia and suicide n in order to understand the present juridico-medico-political complex from o i t which the sovereign power derives its philosophical underpinnings and theoret- a n ical justifications today; and show that the relationship power and death has r e always been very problematic. Secondly, I will focus on the meaning(s) of the t n disappearance of death in the context of Foucauldian biopolitics and conclude I that, in contrast to Foucault’s consideration, something akin to re-discovery of n A death has taken place in the Western world since the mid-twentieth century. e Finally, in the third and last part of the article, I will put forward that Agam- m ben, by introducing the concept life unworthy of being lived, was successful in k i completing what is missing, that is the politics of death, in Foucault’s notion of h l biopolitics with reference to the problem of euthanasia. u t y Keywords: Assisted suicide, death, euthanasia, biopolitics, thanatopolitics, e B power, sovereignty. © Özpolat, G. (2017). Between Foucault and Agamben: An Overview of the Problem of Euthanasia in the context of Biopolitics. Beytulhikme An International Journal of Philosophy, 7 (2), 15-31. ___________________________________________________________  Gürhan Özpolat, Arş. Gör. Dokuz Eylül Üniversitesi İİBF Kamu Yönetimi Bölümü 35160, Buca, İzmir, TR[email protected] 16 Gürhan Özpolat Introduction The concept death has consistently remained a matter of academic interest and has largely been discussed by many disciplines from philoso- phy to sociology, anthropology to psychology and literature to theology. Since death is an inevitable and a common experience not only for human beings but also all living creatures, its considerable effects on the daily life y h practices can be seen as an explicit social phenomenon in every culture. p o Yet, among all living creatures, human kind has a place apart, the final, s o extreme place in relation to death. Unlike other living beings, he has a l i more fundamental relationship with death since he invented the special h P forms of killing and dying, in our case, euthanasia.1 f o In this paper, considering the fact that special forms of dying and l killing are mostly seen in a shadowy zone or blurred boundary between life a n and death, I am going to attempt to find a compromise between Michel r u Foucault (bio-politics) and Giorgio Agamben’s (thanatopolitics) considera- o J tions of biopolitics in the case of euthanasia. I believe that euthanasia is a l a perfect example of the modern biopolitical dispositif in which, in a Fou- n o cauldian sense, the separation between taking life and letting die loses its i t meaning and falls into a zone of indistinction. Moreover, the problem of a n euthanasia gives us a chance to re-think not only the Foucauldian notion r e of biopolitics but also Agamben’s conceptualization. Since euthanasia is t n not a radical break from the classical biopolitical dispositif, but rather, it I discloses the function and foundation of modern biopolitics in a more n A radical way. Euthanasia signals the point at which the biopolitical disposi- e tif passes beyond a new threshold and turn into thanatopolitics. m k I am going start with a brief history of euthanasia and suicide in or- i h der to understand the present juridico-medico-political complex from lu which the sovereign power2 derives its philosophical underpinnings and t y e B 1 I would like to point out that by the term euthanasia, I do not make a difference between physician-assisted suicide, voluntary euthanasia, non-voluntary euthanasia and active or passive euthanasia. 2 I am going to use the term sovereignty as a combination of ‘power over life’ and ‘power over death’ (Foucault, 2003a: 259; Agamben, 1998: 159). However, I do not intend to make a strict separation between biopolitics and thanatopolitics as if they are totally disconnec- ted from each other; but rather, my intention is to simplify the relationship between them in order to show how these concepts can provide theoretical underpinnings in order to understand the problem of euthanasia. I believe that biopolitics and thanatopolitics B e y t u l h i k m e 7 ( 2 ) 2 0 1 7 17 Between Foucault and Agamben: An Overview of the Problem of Euthanasia… theoretical justifications today. I believe that it is necessary to examine, in the first place, the historical conditions in which euthanasia emerged. It is also necessary to situate the issues of euthanasia and suicide within their historico-political context by examining the relationship between power and death; in other words, political power’s attitude toward death3 and special forms of dying in order to understand which medico- y historico-political processes caused the present juridico-political dis- h p course about euthanasia and suicide in which we live today. Secondly, I o will focus on the meaning(s) of disappearance of death in the context of s o Foucauldian biopolitics and conclude that, in contrast to Foucault’s con- l i h sideration, something akin to re-discovery of death has taken place in the P Western world since the mid-twentieth century. Finally, I am going to f o introduce the Agambenian concept life unworthy of being lived in order to l complete what is missing, or, at least, implicit that is the politics of a n death, in Foucault’s notion of biopolitics with reference to the problem r u of euthanasia. o J 1. A Brief History of Attitudes toward Euthanasia and Suicide in the West l a n The problem of euthanasia once again became a matter both in med- o i ical, legal and political theories, when the former doctor Maurice Gene- t a reux was sentenced to jail for two years in May 1998, and became the first n r physician to be convicted of assisted suicide in the history of North e t America. Despite the fact that euthanasia started to become legalized in n I some of the European countries, such as Switzerland, the Netherlands, n Belgium at the beginning of 2000s (Burkhardt, La Harpe, Harding & A Sobel, 2006: 287-294), the issue of euthanasia is not a contemporary prob- e m lem; it has always been a part of human culture and societies since the k i beginning (Ryan, Morgan & Lyons, 2011: 44). h l In ancient times, euthanasia was defined as a form of suicide in u t which a physician allows his patient to die due to their suffering from an y e incurable, painful disease or medical condition. It is important to say that B in the ancient sense of euthanasia the main emphasis was not on the act are not totally different concepts but two sides of the same coin. Death exists as a politi- cal phenomenon at the point where biopolitics and thanatopolitics meet. 3 Despite the fact that the attitudes toward death varied from the East to the West, in this paper, merely the Western attitudes toward death and euthanasia will be examined. B e y t u l h i k m e 7 ( 2 ) 2 0 1 7 18 Gürhan Özpolat of killing but dying. Similar to the modern form of assisted suicide, the physician did not kill the patient but prepared the conditions in which he can commit suicide in antiquity. In this respect, euthanasia can also be considered as a ‘relation of abandonment’ (Agamben, 1998) or ‘letting die’ (Foucault, 2003a). Therefore, the history of euthanasia is also a part of the history of the attitudes toward suicide in Western tradition. In this y h respect, it can be said that the relationship between political power and p suicide had always been very problematic since ancient times (Gillon, o s 1969: 174). o l i According to Amundsen, in ancient Greece, except suicide of slaves h P and soldiers, suicide was defined as a crime requiring a legal sanction by f law (Amundsen, 1978: 934). In addition to this, there were some disre- o spectful cultural implementations in ancient Greece that applied to the l a corpse of person who committed suicide. For example, in Attica, it was n r common to amputate the right hand of the corpse and bury it in another u o place apart from the body (Gillon, 1969: 176). However, this kind of hu- J l miliating implementations to the dead body showed the reflections of the a n belief system rather than the strength of criminal sanction. Despite the o i lack of a powerful central administration and governmental technologies t a in ancient Greece, socio-cultural and moral complexes concerning make n r live were present. In other words, similar to the Christian era, in ancient e t times, the socio-political structure and belief system was built upon a n I complex that did not allow people to throw their lives away. n Yet, it is remarkable to say that whatever general attitude was taken A to suicide in the ancient era, it was always acceptable in the cases of in- e m curable disease before Christianity. Even those ancient Greek philoso- k i phers, such as Pythagoras, Plato and Aristotle, who radically rejected h l suicide, accepted that there was nothing wrong with ending a life which u t had become unendurable to live (Gillon, 1969: 174). Moreover, not only y e the Greek but also the Roman thinkers had a common understanding of B euthanasia, and accepted suicide in some circumstances. In the light of this content, it can be concluded that ancients were fairly permissive about suicide and euthanasia in the cases of incurable and fatal disease. In spite of the fact that there are some indications that people confronted few problems finding a physician to provide them with assistance dying, B e y t u l h i k m e 7 ( 2 ) 2 0 1 7 19 Between Foucault and Agamben: An Overview of the Problem of Euthanasia… it can be said that the majority of requests for euthanasia or assisted sui- cide were fulfilled in both ancient Greece and Rome (Dowbiggin, 2007: 9-10). With the rise of Christianity, suicide and euthanasia once again started to become a matter in the third century. Especially, because of the neo-Platonist school of Plotinus’s argument, “that it perturbed the y soul and delayed its passage to the after-life”, against any form of suicide, h p finally, caused to prohibition of euthanasia and suicide. Gillon notes that o s “over the next few hundred years various ecclesiastical punishments were o l prescribed and popular barbarities to the suicide’s body became more i h repulsive” (Gillon, 1969: 176-177). P During the long period from the early middle age to the Enlighten- f o ment, the attitudes toward suicide and death remained almost same in l a the West. As Foucault states, “with the coming of the Enlightenment, n r death, [once again] was entitled to the clear light of reason, and became u o for the philosophical mind an object and source of knowledge” (Foucault, J 2003b: 125). In spite of the fact that the Enlightenment movement could l a disentangle “the philosophical consideration of suicide” from the dogma n o of theology (Gillon, 1969: 177), it could not prevent ‘life’ from becoming a i t a victim of a new power technology which emerged in the late eighteenth n century. Yet, developments in modern bio-medical technologies and r e invention of life-support machines in the 1950s caused a necessity for re- t n defining death (Lamb, 1985: 16-19; Agamben, 1998: 160-161). It is precisely I n for this reason that death and special forms of dying have become once A again a controversial juridico-political debate since the mid-twentieth e century. m k i 2. The Meaning of Disappearance of Death in the context of the Foucauld- h l ian Biopolitics u t y Death has mostly been understood as the absence of life but what is e B the political meaning of the concept death? Michel Foucault is one of the pioneer thinkers who attempted to respond this question linking the concept death with the problem of power in his works. In Society Must Be Defended, focusing on the historico-political conditions in which life be- came the concern of governmental technologies in the nineteenth centu- B e y t u l h i k m e 7 ( 2 ) 2 0 1 7 20 Gürhan Özpolat ry, he describes the processes and socio-political transformations in which “the great public ritualization of death” started to disappear (Fou- cault, 2003a: 247). Foucault claims that in the late eighteenth century death started to become a phenomenon that must be hidden away in the public sphere. According to him, thanks to a power technology concern- ing ‘to make live’, “death was no longer something that suddenly swooped y h down on life [...], death was now something permanent, something that p slips into life, perpetually gnaws at it, diminishes it and weakens it” (Fou- o s cault, 2003a: 244). For Foucault, “a concrete manifestation of this power” o l was the “disqualification of death” (Foucault, 2003a: 247) and death start- i h ed to be considered as a “shameful” and “forbidden” phenomenon during P the nineteenth century (Ariés, 1974: 85). Foucault notes: f o I think that the reason why death had become something to be hidden away l a n is not that anxiety has somehow been displaced or that repressive mecha- r u nisms have been modified. What once (and until the end of the eighteenth o century) made death so spectacular and ritualized it so much was the fact J l that it was a manifestation of a transition from one power to another. Death a n was the moment when we made the transition from one power—that of the o i sovereign of this world—to another—that of the sovereign of the next t a world. A transition from one power to another (Foucault, 2003a: 247). n r Foucault argues that the disappearance of death was a result of the e t emergence of biopower in the late eighteenth century. In contrast to the n I former power model in which the sovereign has ‘the right to take life or let n live’; with the emergence of biopower, political power started to avoid A taking life and become concerned with ‘mak[ing] live’.4 Foucault puts e m forward that throughout this transformation in the power mechanisms, k i man has started to be considered as ‘a species’ or ‘living being’ instead of a h l u t 4 In The History of Sexuality and Society Must Be Defended, Foucault focuses on the historical y conditions in which life became the concern of political and economic calculations in the e B late eighteenth century. According to him, with the emergence of bio-power in this era ‘the biological existence’ (Foucault, 1984: 264) of the human body politicized through a set of administrative techniques and statistical knowledge concerning “the longevity and pro- ductivity of life”, “the level of health” and “life expectancy” (Foucault, 1978: 139). For Fou- cault, this was a sign of a great political transformation in which the old sovereign power and its basic characteristics were replaced by this new power technology and its biopoliti- cal rationality. The main thesis Foucault defends is, in contrast to the classical power model in which the sovereign has “the right to take life or let live”; in the era of biopoli- tics political power’s function is ‘to make live and let die’ (Foucault, 2003a: 240-41). B e y t u l h i k m e 7 ( 2 ) 2 0 1 7 21 Between Foucault and Agamben: An Overview of the Problem of Euthanasia… ‘legal subject’ for the first time in history (Foucault, 2003a: 240-242): Power would no longer be dealing simply with legal subjects over whom the ultimate dominion was death, but with living beings, and the mastery it would be able to exercise over them would have to be applied at the level of life itself; it was the taking charge of life, more than the threat of death, that gave power its access even to the body (Foucault, 2003a: 265). y h In this respect, to Foucault, biopower wants to make live due to the p fact that death is beyond its power. As Arendt draws attention, “nobody o s can rule over dead men” (Arendt, 1998: 201). “Death is power's limit, the o l moment that escapes it; death becomes the most secret aspect of exist- i h ence, the most private” (Foucault, 1984: 261). Death is that absolute P boundary for which there is neither life nor power: f o Death is outside the power relationship. Death is beyond the reach of pow- l a n er, and power has a grip on it only in general, overall, or statistical terms. r u Power has no control over death, but it can control mortality. And to that o extent, it is only natural that death should now be privatized, and should be- J l come the most private thing of all. In the right of sovereignty, death was the a n moment of the most obvious and most spectacular manifestation of the ab- o i solute power of the sovereign; death now becomes, in contrast, the moment t a when the individual escapes all power, falls back on himself and retreats, so n r to speak, into his own privacy. Power no longer recognizes death. Power lit- e t erally ignores death (Foucault, 2003a: 247-248). n I In fact, Foucault is not the first thinker who problematized the dis- n appearance of death. When he highlighted the processes in which death A started to disappear from the public rituals, the idea of the disappearance e m of death had already become a matter of both philosophical and sociolog- k i ical interest due to the fact that the scholars, such as Becker (1973) and h l Ariés (1974), pointed out ‘the denial of death’ in the nineteenth century. u t Similar to Becker and Ariés, Joseph Jacobs (1899) introduced a provoca- y e tive article with an aphoristic title The Dying of Death, which appeared in B Fortnightly Review, in which he ascribes the disappearance of feelings and thoughts about death. According to Jacobs, throughout the nineteenth to twentieth century, death started to be considered as the object of taboo in daily life practices. B e y t u l h i k m e 7 ( 2 ) 2 0 1 7 22 Gürhan Özpolat However, as is discussed in the first section, these kinds of cultural and biopolitical considerations toward death, especially, in the case of suicide, were also a characteristic of classical antiquity. Death has always been seen as an enemy to be combated in the West. The traces of this consideration can be seen at the level of the attitudes toward suicide. In the light of this content, it can be said that Foucault seems to overlook y h the presence of a socio-cultural complex concerning, in a simple sense, p ‘make live’ since antiquity. Focusing on the producing of the normality at o s the level of power mechanisms and considering biopolitics as a new in- o l vention and consequence of modern power technologies, Foucault does i h not realize the fact that “biopolitics is something like the secret truth of P all western politics, law and political philosophizing” (Blencowe, 2010: f o 115). As Agamben argues, the biological existence of the human body, l a human as a ‘species’ or ‘living body’ always existed in the West. Sovereign n r power’s central concern had been not only life but also death since the u o beginning. In light of this, Foucault simply gravitated toward the biopo- J litical discourse of modernity that drove death to “the fringes of culture” l a and made it “abnormal” (Bleakley & Bligh: 2009: 379). In contrast to Fou- n o cault’s consideration, death was not merely “in the eighteenth-century i t a medical thought” but was always “the absolute fact and the most relative n of phenomena” (Foucault, 2003b: 140) since the beginning. Therefore, r e Foucault was mistaken not only for considering biopolitics as if it is an t n invention of modern politics and consequence of modern power mecha- I n nisms but also associating Western attitude toward death as if it is merely A a characteristic of modernity. e m To sum up, despite the fact that Foucault analyses the rise of mod- k ern medicine in relation to death in The Birth of Clinic and ascribes the i h political meaning of death in Society Must Be Defended and The History of l u Sexuality; he “does not set out to prospectively consider how medicine t y e and death are related in an era of ‘high-tech’ possibilities, in which life- B support machinery [...] offers an important extension of a doctor’s practi- cal skill” (Bleakley & Bligh: 2009: 374). In spite of his awareness of mod- ern bio-medical technologies that can “keep people alive when, in biolog- ical terms, they should have been dead long ago” (Foucault, 2003a: 248); he underestimates the capacity of sovereignty to kill in relation to biopol- B e y t u l h i k m e 7 ( 2 ) 2 0 1 7 23 Between Foucault and Agamben: An Overview of the Problem of Euthanasia… itics. Moreover, his special interest in the late eighteenth and nineteenth centuries’ biopolitical dispositif, that emphasizes the political economy of life, does not allow him to account the importance of the political econ- omy of death in the context of modern biopolitics. Foucault, in contrast to Agamben, is more interested in the other side of the coin, ‘life’ rather than ‘death’. Therefore, as Agamben puts forward, there are “blind y spot(s)” in the conceptualization of Foucault’s biopolitics, that “have to h p be corrected, or, at least, completed” (Agamben, 1998: 6-9). In contrast to o Foucault’s consideration, death is now no longer a taboo; it is even possi- s o ble to mention ‘the revival of death’ (Walter, 1994) rather than ‘the denial of l i h death’ (Freud, 1918: 57; Becker, 1973; Ariés, 1974; Dollimore, 2001). As P Bleakley and Bligh said: “death is now everywhere” (Bleakley & Bligh, f o 2009: 380). l a 3. Beyond the Boundaries of the Classical Biopolitics: Euthanasia and n r Thanatopolitics u o J Both political and social theorists, thanks to Foucault, have been fo- l cusing on the administration of life (Foucault, 1978: 138) –the politics of a n life itself or the politicization of life (Agamben, 1998: 119-125) – since the o i second half of the twentieth century. Concentrating on the socio- t a political and historical conditions in which ‘legal subjects’ could gain a n r biopolitical existence, Foucault was more interested in the government of e t life rather than death or dying practices. Although he problematized the n I concept death in relation to biopolitics during his lectures in Collège de n France (Foucault, 2003a: 247-254), to use merely his approach in the con- A text of modern biopolitics might be insufficient to grasp the complete e m meaning of the politics of death and different forms of dying such as k i abortion, euthanasia, death camps, suicide bombers and so on. Thus, it h l can be helpful to make a distinction between power over life and power u t over death in order to figure out the juridico-medico-political practices of y e sovereign power over both life and death. In contrast to the Foucauldian B consideration of biopower, “the biopolitical dispositif does not replace sovereignty”, but rather, “it displaces its function and renders the prob- lem of its foundation even more acute” (Lazzarato, 2002: 104).5 5 According to Agamben, as opposed to Foucault’s thesis, it is not possible to mention a B e y t u l h i k m e 7 ( 2 ) 2 0 1 7 24 Gürhan Özpolat If we give the name ‘politicization of death’ or ‘politicizing death’ (Agamben, 1998: 160-165) to the relationship between political power and special forms of dying, in our case euthanasia, which represents itself both in the form of ‘kill[ing] without committing homicide’ (Agamben, 1998) and ‘letting die’ (Foucault, 2003a), then we should, on the one hand, find out the answer of the Foucauldian query6 concerning the condition of y h possibilities of killing and letting die in relation to political power (Fou- p cault, 2003a: 254). On the other hand, we should re-consider Foucault’s o s significant questions by taking into account of Agamben’s, Homo Sacer o l (1998)7 in order to disclose the ambiguous boundaries of sovereign power i h P f sharp politico-historical shift away from the classical sovereign power to bio-power. Ins- o tead, putting the concept ‘bare life’ into a modern and wider political framework, he cla- l ims that modernity has merely generalized and radicalized the Schmittian concept ‘the a state of exception’ which has been simply there from the beginning (Agamben, 1998: 112; n r Mills, 2008: 65, Lemke, 2011: 53). Thus, it can be said that the main difference between u Foucault and Agamben lies in their consideration of biopolitics: whereas Foucault repla- o ces “bio-power” by “old sovereignty”, Agamben combines them together “by equating J Foucault’s ‘control over life’ with Carl Schmitt’s state of exception” (Rancière, 2004: 300). l 6 In Society Must Be Defended, Foucault asks the following questions in order to test the a n concept of bio-power in the context of death (Foucault, 2003a: 254): “If it is true that the o power of sovereignty is increasingly on the retreat and that disciplinary or regulatory disciplinary i power is on the advance, how will the power to kill and the function of murder operate in this tech- t a nology of power, which takes life as both its object and its objective? How can a power such as this n kill, if it is true that its basic function is to improve life, to prolong its duration, to improve its chan- r ces, to avoid accidents, and to compensate for failings? How, under these conditions, is it possible for a e t political power to kill, to call for deaths, to demand deaths, to give the order to kill, and to expose not n only its enemies but its own citizens to the risk of death?” Although he lays the foundations for I the discussion of biopower and biopolitics by putting these questions into a game of n truth, he does not have the same success in responding them. As such, it is possible to say A that “Foucault’s concept of biopower sits uneasily astride” (Patton, 2007: 214) with the concept of death and especially in the case of special forms of dying, such as death camps, e m euthanasia, assisted suicide, suicide bombers and so on. k 7 In Homo Sacer, Agamben opens by drawing attention to the distinction between “zoē” and i “bios” which defines two different aspects of ‘life’ in ancient Greek. Whereas “zoē expres- h sed the simple fact of living common to all living beings (animals, men, or gods), and bios, l u […] indicated the form or way of living proper to an individual or a group” (Agamben, t 1998: 1). Pointing out the distinction between life as ‘the fact of living’ and ‘the way of life’ y (form-of-life), Agamben claims that Foucault was mistaken for considering biopolitics as e B if it is an invention of modern political theory and consequence of modern power techno- logies. In contrast to Foucault, he believes that “biopolitics is something like the secret truth of all western politics, law and political philosophizing” (Blencowe, 2010: 115). Pla- cing the biopolitical paradigm at the centre of the Western political tradition, he expli- citly states that Foucault’s concept of ‘the biological existence of the human body’, human as a ‘species’ or ‘living being’ had already been included the Western politics as “bare life”, which has been produced by sovereign power- since Ancient Greece. Therefore, he puts forward the idea that there are ‘blind spot(s)’ in the Foucauldian sense of biopolitcs that ‘have to be corrected, or, at least, completed’ (Agamben, 1998: 6-9). It is precisely for this reason that, ta- B e y t u l h i k m e 7 ( 2 ) 2 0 1 7