Agamben characterizes in Homo Sacer the modern state in terms of biopolitics, referring to the theories of Arendt and Foucault. Agamben takes up in this context on a very influential interpretation of Aristotle by Arendt.  Arendt maintains in this reference to Aristotle a false idea of continuity and ignores the fact that – as Foucault shows - at the end of the eighteenth century an inherent connection was established between a completely new type of rationality, governing and the state. There is therefore an ontological difference between the ancient and modern era and this has – as will be shown in this article – far reaching consequences for the key-concepts of Homo Sacer such as bare life, sovereignty and law. The recent development of globalization gives new relevance to this ontological difference, especially by undermining  absolute state-sovereignty.