Cornelia Vismann - The Love of Ruins
Cornelia Vismann - The Love of Ruins
Cornelia Vismann - The Love of Ruins
Vismann, Cornelia.
The love of ruins has generated various epistemes and disciplines: In the six-
teenth century it informed philology, in the nineteenth century historiography
and criminology. Its status has changed from an allegorical one in the Re-
naissance to a literal, positivistic one at the beginning of the twentieth cen-
tury. Johann Gustav Droysen was among the ªrst who reºected the
positivistic treatment of ruins systematically. The Prussian historiographer
formulated a theory of remains including both written documents and mate-
rial objects. In the twentieth century the positivistic view lost its appeal for
scholars. They began to question the supposed ability of ruins to access the
past. The physicality of remains was no longer trusted to guide the process of
memory. This disillusion in the power of remains led to a practice of mere
tabulation where statistics instead of historical narrative were generated.
The contemporary philosopher Giorgio Agamben proposes yet another way of
dealing with remains. He liberates ruins from their materialistic shell alto-
gether and takes them consequently in their discursive form as that which is
and which is in language.
In the sixth century A. D. Emperor Justinian had Roman Law revamped
into a clear and unambiguous code. In its introduction, the Emperor de-
scribes his editorial masterpiece as “the entire old Law that has accumu-
lated in the course of approximately 1400 years” which “has been made
again in its purity: a nobis purgatum” (Constitutio ‘Deo Auctore’. Corpus
iuris civilis 1954, § 5). Purging and puriªcation are notions that were to
have a long, inºuential tradition in the history of Western Law. In his code
Justinian invokes this phantasm of a pure law that has been increasingly
made impure through the constant accumulation of legal texts, commen-
Translated by Dominic Bonªglio. I am grateful for the conversations on this essay with
Bettine Menke, Christoph Hoffmann, and Dominic Bonªglio.
196
Perspectives on Science 197
taries, and judicial opinions. One does not have to read the formalized law
of modern times, let alone Kelsen’s Pure Theory of Law (Kelsen [1960]
1967), to be able to gauge the force of the distinction between pure law
and its impure applications; such a distinction can already be found in Ro-
man Law. Heaps of legal texts were physically disinfected, as it were, in
order to prepare a pure, codiªed law that could be handed down to tradi-
tion without fear of being contaminated by viral variants. Through the
quarantine of the Justinian Code, Roman Law was supposed to survive the
times.
The rhetoric of purity that Emperor Justinian took pains to employ in
his Code was designed to create a sense of unity. His project to mend the
dispersed and fragmented legal codes and judicial opinions into what
would be later called a corpus had nothing less in mind than to restore the
crumbling empire once again to its uniªed state. The purpose of his tex-
tual geopolitics was to integrate the various peoples and tribes of the East
and West into the Empire via a uniªed Law, thereby acting to protect
against the introduction of non-Roman legal systems. From then on, Jus-
tinian orders, a “wall” was to “surround” the honorable lawbook of the
Digesta that would not “tolerate any others coexisting [lawbooks]”
(Constitutio ‘Deo Auctore’, Corpus iuris civilis 1954, § 5). Introducing
monotheism as a structuring principle into law, this preamble employs a
particular legislative discursive practice that refers to a text without
changing it and that applies the law without contaminating it. The mas-
ter text of Roman Law was supposed to be shielded from alterations by
Justinian’s “wall”—a metaphor which the citizen of that period may have
been able to relate directly to. In the Constantinople of 530 A. D. there
was more than this legal wall being put up; Byzantium itself was one big
construction site. The city as well as the law were in shambles. At the
same time as epigraphic fragments were being collected and used as a
quarry to assemble the lawbook of all lawbooks, the ruins of the destroyed
Hagia Sophia were being used to construct the church of all churches. In
this way both Hagia Sophia and Justinian’s legal creation were able to as-
sume the same status as archetypes of eternal unity.
The consequence of Justinian’s rhetoric of puriªcation was a distinction
between pure things worth integrating into the corpus of law and impure
ones having a clear derogative connotation as worthless, contaminated,
and obscure. The wall that was supposed to surround the Digesta de-
valued the very material that it eliminated, leaving it as mere text debris.
For after the process of digestion what remains is simply that which has
been eliminated.
The exclusion of these texts was apparently troubling for subsequent
generations of jurists and scholars, as can be judged by their various at-
198 The Love of Ruins
ignation later given to the Digesta. The interface between a textual and a
ºeshly body did not only inform the monopolizing activities of the law
but also that of the church, when it fought against dismemberment and
sharply condemned the wide-spread practice of distributing a saint’s re-
mains among separate parishes, resurrection presuming as it does an intact
body (Walker Bynum 1991).
Scholars in the nineteenth century likewise turned to the law of corps
morcellé, but without the melancholic touch of the humanist legal scholars.
The nineteenth-century scholar no longer saw the traits of the ruined in
the manuscripts of the Digesta, but instead viewed them under a
positivistic light. The manuscript itself became a ruin, which could be
measured, counted, and catalogued. The physis of the fragments took the
place of virtual debris and the love of ruins became a fetish. The material-
ity of relics from distant times promised to establish contact between the
present and the past. In contrast to the sixteenth century lawyers, the
nineteenth-century scholar did not therefore make his way back to a lost
unity and intactness of the past by thinking in terms of fragments, rather
he believed that the broken historical pieces could themselves be assem-
bled together again. In this view, real fragments generated historical
ªctions; history was told using what had been discarded and drew its truth
from the physical existence of historical shards.
The historian Ernst H. Kantorowicz played his game with the
positivity of historical wreckage and the longing for completeness in 1942
when, in the face of a Europe covered with rubble and ash, he posed the
question of the lost political unity. It is no accident that he let the dome of
Hagia Sophia—the quintessence of recovered unity fashioned by Justin-
ian—surface on the intellectual horizon of his readers in order to expose
the medieval version of that unity as a fata morgana. And yet for
Kantorowicz the discourse testiªes to a past reality. The discourse of world
unity in the Middle Ages points to a reality, as all ªctions do, that is just
as real as the “real presence of the Lord in the Sacraments.” Put differently,
the myth of world unity had, according to Kantorowicz, a “solid sub-
stance.” In this sense, he argues, world unity could be compared to a bro-
ken pot: “It is no longer a pot, leaking perhaps and full of cracks but still a
pot, that we can hold in our hands; the potsherds have deªnitely fallen
asunder while we face the intricate question: ‘Is a hand-full of potsherds
still a pot?’ The housewife, rightly, says ‘No’ and throws the pieces into
the garbage. The archaeologist, rightly, says ‘Yes’, gathers the pieces from
the garbage, puts them into a glass case and visualizes the pot as an entity
although in reality it is not” (Kantorowicz 1965, p. 77). According to
Kantorowicz, history is the work of imagination. Fragments contain an
200 The Love of Ruins
imperative for the historian to tell the story of a former completeness. Just
as the archaeologist who ªnds the broken pieces assumes a pot whose orig-
inal form his job is to reconstruct, the historian who imagines the past as a
collection of fragments assumes a past unity that needs to be put back to-
gether again.
There is hardly a better proof for this force of the imperative of pot-
sherds than in Heinrich von Kleist’s drama “The broken jug.” There
Marthe Rull demonstrates how the power of broken pieces actually gener-
ate historical storytelling. If the historically versed housewife uses the oc-
casion of her broken jug to tell the history of sixteenth century Europe
piece by piece before the eyes and ears of the court, then she is following
the inherent imperative to assemble all debris and ruins into a history,
even if in doing so she tries the patience of the judge. “Do you see the jug,
my worthy gentlemen? / Do you see the jug?” she asks, continuing, “If I
may say so, you don’t see anything, you only see the broken pieces; / The
most beautiful jug has been broken in two./ Right here on the hole, now
nothing, the entire provinces of the Netherlands were handed over to
Philipp of Spain. / Here in ofªcial robes stood Charles the Fifth: / From
him you can only see his legs standing. / Here knelt Philipp and received
the crown” (Kleist [1811] 1993, p. 200).1 And so forth until Judge Adam
interrupts: “Good woman Marth! Spare us the broken?, / if it is irrelevant.
/ The hole concerns us—not the provinces, / that are handed over on it”
(Ibid., p. 201).2 Whereupon Marthe starts once again to tell its history,
but this time not the history that is portrayed on the jug, but the history
of the jug itself. “Childeric carried off the jug, / the tinker from Oranien”
(Ibid.)3 and so forth.
While a hand full of real broken pieces of a pot make up the whole
point of the story, Kantorowicz uses them to represent the work of the his-
torian, someone who has to recover the idea of unity out from underneath
the rubble and debris. In doing so he speaks metaphorically of that which
in the nineteenth century formed the actual basis for doing historical
work: broken jugs, clay pieces, splinters, text fragments.
1. “Seht ihr den Krug, ihr werthgeschätzten Herren?/Seht ihr den Krug?” [ . . . ]
“Nichts seht ihr, mit Verlaub, die Scherben seht ihr;/Der Krüge schönster ist entzwei
geschlagen./Hier grade auf dem Loch, wo jetzo nichts,/Sind die gesamten niederländischen
Provinzen/Dem span’schen Philipp übergeben worden./Hier im Ornat stand Kaiser Carl
der Fünfte:/Von dem seht ihr nur noch die Beine stehn./Hier kniete Philipp, und empªng
die Krone:/Der liegt im Topf, bis auf den Hinterteil,/Und auch noch der hat einen Stoß
empfangen.”
2. “Frau Marth! Erlaßt uns das zerscherbte Pactum,/Wenn es zur Sache nicht
gehört./Uns geht das Loch—nicht die Provinzen an,/Die darauf übergeben sind.”
3. “Den Krug erbeutete sich Childerich,/Der Kesselºicker von Oranien.”
Perspectives on Science 201
4. “Die einen sind Quellen und wollen es sein, [. . . . ] die anderen werden nur durch
die Art unserer Benutzung dazu.”
202 The Love of Ruins
parodied here as the search for truth still has its serious reality in the
courtrooms today. The value of evidence as indices—what Droysen calls
the “apodeixis of remains,” arises from its very nature as having to be acci-
dental in relation to that which is supposed to be proven. Correspond-
ingly, the historical value of truth shows itself in the unintentional sur-
vival of the objects. The still current practice today among historians of
distinguishing between voluntary and involuntary sources (cf. Henning
1993, p. 51) therefore needs its moment of unintentionality.
Since the historiography of the nineteenth century became conscious of
the usefulness of historical remains as sources, there has been the suspicion
that these “accidents” have been tainted by the desire for them. To put it
differently: A theory of remains threatens to undercut the value of the re-
mains in the ªrst place. It is no accident that Droysen formulated his im-
portant theory of historical refuse at a time when the inventorying of the
past was confronting the self-archiving of one’s own present, and sporadic
collections were becoming systematically prepared archives. Curiosity
cabinets (Wunderkammern), collections of rarities were all ªlled in the mid-
dle of the nineteenth century; antiquities were catalogued encyclopedi-
cally, antique sculptures were molded and reproduced. Droysen himself
speaks “of the rashly growing eagerness in historical collections” (Droysen
[1857] 1977, p. 72). This eagerness created
chival intentions. One might call the historian’s work a kind of reading
between the lines.
In French there is a word for this kind of discernment. Remains are dé-
pouilles. Its verb form designates the activity of checking records. Dé-
pouiller, or “evaluating ªles” means examining one document after the
other looking for their non-intentionally stored content. Files are seen as a
refuse in order to reveal the accidental of the material. Arlette Farge, the
author of Le gôut de l’archive, completely subjects herself to the rigors of
dépouillement—”terme joliment évocateur,” as she writes (Farge 1989,
p. 71). In her work on police ªles in the Paris National Archive she be-
comes aware of the accidentally stored in the ªles. She sees the dust, the
bloody shreds of material, breathes the musty smell, understands the infa-
mous lives of those individuals portrayed by the ªles.
Unlike Farge’s phenomenological approach Droysen understands histo-
riography as a kind of hermeneutics of remains on the basis of their physi-
cality. Taking the same starting point, Farge focuses exclusively on the
materiality of the remains, whereas Droysen’s historical practice doesn’t
restrict itself to the fragments qua fragments. It investigates them in order
to extract testimony from the past. It gives them meaning, uniªes the
breaks, and ªlls the gaps—like the hole in the broken jug—with stories,
where Farge merely describes what can be found in an archive.
Farge’s approach is symptomatic of the twentieth century turn away
from historiography’s reliance on a presupposed subject inherent in the
concept of intention and passed on history. The refusal to unify the frag-
ments by a coherent story leads to description or even more radical to
mere counting of that, what is left. The historian Arnold Esch suggested
in his 1978 inaugural lecture that the criterion for interpretation of the
intention of historical material should be substituted by the quantiªable
character of its chances of being passed on. His formulation is a kind of
negative theory of remains, a theory of losses that doesn’t investigate the
positivity of the remains, but the conditions for their survival. Understood
this way, historiography moves close to discourse analysis as an analysis of
the conditions of the process of passing down history. In this perspective, a
perspective that statistically records the love of ruins, Esch describes the
historical destiny of the Roman Law as being a case of double historical
improbability:
bly only one or two manuscripts. This was then the basis from
which the study of the complete corpus iuris could take its start in
the late 11th century—with consequences that changed the world”
(Esch 1985, p. 556).9
Historians who calculate and tabulate are no longer drawn into telling
history by a love of ruins (Ernst 2000). Despite the seemingly emo-
tion-free treatment of a quantifying view, the great loss of legal texts,
something which made the humanists of the sixteenth melancholic, be-
comes almost a miracle. Because in the face of its narrow chances of being
passed down, that which is lost stands in a relationship of, what Esch calls,
“happy proportions.”
Beyond statistics the philosopher Giorgio Agamben offers an under-
standing of remains as a discursive practice in his monograph, The Rem-
nants of Auschwitz. Although the title doesn’t make reference to Droysen’s
sense of the word, the phrasing of the title could provoke at least German
readers to mistakenly believe that “remnants” refers to the material re-
mains of Auschwitz. It points to the incident that rendered history and
memory upon remnants impossible. The mountains of shoes and other ob-
jects in the liberated death camps that were sifted through, counted, and
ªlmed, brought historiography of remains to its limit. It led to the ques-
tion of the possibility of recollecting beyond the deceiving physics of rel-
ics. Therefore Agamben diffuses the word remnant by expressively negat-
ing its conventional use: “remnant is not to be understood in the sense that
the subject according to one of the meanings of the Greek term hyopstasis,
is a substratum, deposit, or sediment left behind” (Agamben 1999,
p. 158). What the expression is supposed to describe instead is clearer in
the two allusions contained in the original Italian title of Agamben’s
book: quel che resta. Agamben, the philosopher and editor of Benjamin’s
works in Italian, refers to Hannah Arendt, who, in response to the ques-
tion ‘What remains?’ in the aftermath of World War II and the extermina-
tion of the Jews, answers: the mother tongue. The second allusion in
Agamben’s title—the well-known line from Hölderlin: “was bleibet aber,
stiften die Dichter”/ “what remains is what the poets found” (Ibid.,
p. 161)—also makes reference to language.
9. “Justinians Digestenwerk, das sich selbst bereits als Auslese aus fast 1400 Jahren
römischer Rechtsgeschichte verstand, ausdrücklich als Reduktion von gesichteten
3 Millionen Zeilen auf deren 150 000. Doch selbst diese Auslese auf etwa ein Zwanzigstel,
die lediglich gesicherte Überlieferung versprach, drohte gänzlich verloren zu gehen, bis auf
vermutlich nur eine oder zwei Handschriften, von denen dann im späten 11. Jahrhundert
das Studium des vollständigen Corpus iuris seinen Ausgang nehmen konnte—mit Folgen,
die die Welt veränderten.”
208 The Love of Ruins
References
Agamben, Giorgio. 1999. Remnants of Auschwitz. The Witness and the Ar-
chive (Homo Sacer III). Translated by Daniel Heller Roazen. Stanford:
Stanford University Press.
Cahn, Michael. 1991. “Das Schwanken zwischen Abfall und Wert. Zur
kulturellen Hermeneutik des Sammlers.” Merkur 45: 674–690.
Corpus iuris civilis. 1954. Institutiones—Digesta. Vol. I. Edited by Theodor
Mommsen und Paul Krüger. sixteenth Edition. Berlin: Weidmann.
Derrida, Jacques. 1990. “Force of Law: The ‘Mystical Foundation of Au-
thority’.” Cardozo Law Review 11: 919–1044. Translated by Mary
Quaintance.
Perspectives on Science 209