homo sacer

In early Roman religion sacer denotes anything set apart from common society, and encompasses both the sense of  hallowed and that of cursed. 

So homo sacer could mean the hallowed man, the anointed man, the man who ascends because he is a man.

Homo sacer could also mean a person expunged from society and deprived of all rights and all functions in civil religion. Homo sacer is defined in legal terms as someone who can be killed without the killer being regarded as a murderer; and a person who cannot be sacrificed. The sacred man may thus be understood as someone outside the law, or beyond it. 

What happens if homo sacer is within, neither outside nor beyond, and especially not above?