Literature and the Remains of the Death Penalty (Idiom: Inventing Writing Theory)

Why have generations of philosophers failed or refused to articulate a rigorous challenge to the death penalty, when literature has been rife with death penalty abolitionism for centuries? In this book, Peggy Kamuf explores why any properly philosophical critique of capital punishment in the West must confront the literary as that which exceeds the logical demands of philosophy. Jacques Derrida has written that “the modern history of the institution named literature in Europe over the last three or four centuries is contemporary with and indissociable from a contestation of the death penalty.” How, Kamuf asks, does literature contest the death penalty today, particularly in the United States where it remains the last of its kind in a Western nation that professes to be a democracy? What resources do fiction, narrative, and poetic language supply in the age of the remains of the death penalty? Following a lucid account of Derrida’s approach to the death penalty, Kamuf pursues this question across several literary texts. In reading Orwell’s story “A Hanging,” Kamuf explores the relation between literary narration and the role of the witness, concluding that such a witness needs the seal of literary language in order to account for the secret of the death penalty. The next chapter turns to the American scene with Robert Coover’s 1977 novel The Public Burning , which restages the executions of Julius and Ethel Rosenberg as an outlandish public spectacle in Times Square. Because this fictional device reverses the drive toward secrecy that, beginning in the mid-nineteenth century, put an end to public executions in the West, Kamuf reads the novel in a tension with the current tendency in the U.S. to shore up and protect remaining death penalty practices through increasingly pervasive secrecy measures. A reading of Norman Mailer’s 1979 novel The Executioner’s Song , shows the breakdown of any firm distinction between suicide and capital execution and explores the essential affinity between traditional narrative structure, which is plotted from the end, and the “plot” of a death penalty. Final readings of Kafka, Derrida, and Baudelaire consider the relation between literature and law, showing how performative literary language can “play the law. “A brief conclusion, titled “Postmortem,” reflects on the condition of literature as that which survives the death penalty. A major contribution to the field of law and society, this book makes the case for literature as a space for contesting the death penalty, a case that scholars and activists working across a range of traditions will need to confront. This book pursues Derrida’s assertion, in __The Death Penalty, Volume I__, that “the modern history of the institution named literature in Europe over the last three or four centuries is contemporary with and indissociable from a contestation of the death penalty.” The main question this book poses is: How does literature contest the death penalty today, particularly in the United States where it remains the last of its kind, a Christian-inspired death penalty in what professes to be a democracy? What resources do fiction, narrative, and poetic language supply in the age of the remains of the death penalty? These are among the questions that guide the analyses of four literary works, each a depiction or an account of an execution, in the search for deconstructive leverage on the concepts that prop up capital punishment. Different pertinent features are isolated in these texts: the “mysteries” of literary or poetic witness; the publicness of punishment in an era of secrecy around the death penalty; the undecidable difference between death by capital punishment and by suicide—a difference that Kant enforces and that Derrida contests; and even the collapse of the distinction between the sovereign powers to put to death and to pardon, a possibility that is shown up by a poetic work when, performatively, it “plays the law.” In relation to the death penalties they represent, these literary survivals may be seen as the ashes or remains of the phantasm that the death penalty has always been, the phantasm of calculating and thus ending finitude. This work pursues Derrida's assertion, in 'The Death Penalty, Volume I', that 'the modern history of the institution named literature in Europe over the last three or four centuries is contemporary with and indissociable from a contestation of the death penalty.' The main question this text poses is: How does literature contest the death penalty today, particularly in the United States where it remains the last of its kind, a Christian-inspired death penalty in what professes to be a democracy? How does literature contest capital punishment? The central question of this book, taken over from Derrida’s seminar The Death Penalty, is pursued in the analyses of four fictional texts. The context of the remains of the death penalty in the contemporary U.S. frames these engagements and extends their pertinence today. Introduction -- Beginning With Literature -- Orwell's Execution -- Is Justice Burning? -- The Sentence Is The Story -- Playing The Law -- Postmortem. Peggy Kamuf. Includes Bibliographical References And Index.