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The final letters of Ovid's collection "Heroides" tell the remarkable story of a written oath. Acontius has fallen in love with the beautiful Cydippe. Since she is already promised to another man, Acontius uses a deceitful stratagem: he sends her an apple on which he has inscribed "cunning words", namely, an oath of engagement. As Cydippe reads the inscription aloud mechanically, she finds herself involuntarily bound to marry Acontius, and finally gives in to his insistent wooing. If read against the backdrop of a media theory of law, Ovid's story raises a couple of important questions concerning the relationship between orality and literacy at the beginning of Western legal history. While the oath undoubtedly is a fundamental element of early law, it is usually understood as part of an "archaic" oral law that is "rationalized" only afterwards by being transferred to writing. Ovid, however, presents the idea of an originally written oath and thus invites the reader to reconsider the relation between speech and writing: To what extent may writing exert a binding force that is distinct from the representation of speech?
In recent times a whole range of theoretical approaches in literary and cultural studies have been inspired by linguistic and philological issues, by questions concerning the functioning of language as well as the conceptual history of cardinal terms of our cultural heritage. Among these approaches the work of the Italian philosopher Giorgio Agamben stands out as a particularly interesting case. Indeed, Agamben's approach can serve to illustrate how a concern with language animates the making of theory. This becomes perhaps most evident in one of Agamben's less widely read texts, namely his "Sacrament of language", an investigation of the historical genealogy and cultural significance of the oath. [...] In Agamben's inquiry into the genealogy of the 'sacramento' he seeks to find out how the oath functions as a linguistic procedure and what issues are involved in this operation. In the following explanations Linda Simonis proceeds in three steps: First, she retraces Agamben's historical and linguistic analysis of the oath and tries to expose the basic lines and principal thrust of his reasoning (I). In a second step, she then turns to a concrete literary example, i. e. the oath-taking scene in Shakespeare's "Hamlet" (II). In an attempt to re-interpret this famous scene, the proposed analysis aims to unfold, in the light of Agamben's approach, some of its less obvious aspects of meaning and implications. To conclude, Simonis asks what insights and conclusions can be drawn from this analysis with regard to Agamben's theoretical approach and in how far the latter can be said to gain from its linguistic awareness and its concern with commissive speech (III).