modalities ofdisciplinarity and/or control, disrupts
the linear and totalitarian figure ofcapitalist development. Civil
society is absorbed in the state, but the consequence ofthis is an
explosion ofthe elements that were previously coordinated and
mediated in civil society. Resistances are no longer marginal but
active in the center ofa society that opens up in networks; the
individual points are singularized in a thousand plateaus. What
Foucault constructed implicitly (and Deleuze and Guattari made
explicit) is therefore the paradox of a power that, while it unifies
and envelops within itselfevery element ofsocial life (thus losing
its capacity effectively to mediate different social forces), at that
very moment reveals a new context, a new milieu ofmaximum
plurality and uncontainable singularization—a milieu ofthe event.8
These conceptions ofthe society ofcontrol and biopower
both describe central aspects ofthe concept ofEmpire. The concept
ofEmpire is the framework in which the new omniversality of
subjects has to be understood, and it is the end to which the new
paradigm ofpower is leading. Here a veritable chasm opens up
between the various old theoretical frameworks of international
law (in either its contractual and/or U.N. form) and the new reality
26
T H E P O L I T I C A L C O N S T I T U T I O N O F T H E P R E S E N T
ofimperial law. All the intermediary elements ofthe process have
in fact fallen aside, so that the legitimacy of the international order
can no longer be constructed through mediations but must rather
be grasped immediately in all its diversity. We have already acknowl-
edged this fact from the juridical perspective. We saw, in effect,
that when the new notion ofright emerges in the context of
globalization and presents itselfas capable oftreating the universal,
planetary sphere as a single, systemic set, it must assume an immediate
prerequisite (acting in a state ofexception) and an adequate, plastic,
and constitutive technology (the techniques ofthe police).
Even though the state ofexception and police technologies
constitute the solid nucleus and the central element ofthe new
imperial right, however, this new regime has nothing to do with
the juridical arts ofdictatorship or totalitarianism that in other times
and with such great fanfare were so thoroughly described by many
(in fact too many!) authors.9 On the contrary, the rule oflaw
continues to play a central role in the context ofthe contemporary
passage: right remains effective and (precisely by means of the state
ofexception and police techniques) becomes procedure. This is
a radical transformation that reveals the unmediated relationship
between power and subjectivities, and hence demonstrates both the
impossibility of‘‘prior’’ mediations and the uncontainable temporal
variability ofthe event.10 Throughout the unbounded global spaces,
to the depths of the biopolitical world, and confronting an unfore-
seeable temporality—these are the determinations on which the
new supranational right must be defined. Here is where the concept
ofEmpire must struggle to establish itself, where it must prove its
effectiveness, and hence where the machine must be set in motion.
From this point ofview, the biopolitical context ofthe new
paradigm is completely central to our analysis. This is what presents
power with an alternative, not only between obedience and disobe-
dience, or between formal political participation and refusal, but
also along the entire range oflife and death, wealth and poverty,
production and social reproduction, and so forth. Given the great
difficulties the new notion of right has in representing this dimension
B I O P O L I T I C A L P R O D U C T I O N
27
ofthe power ofEmpire, and given its inability to touch biopower
concretely in all its material aspects, imperial right can at best only
partially represent the underlying design ofthe new constitution
ofworld