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Author: Peggy Kamuf
Publisher: Fordham Univ Press
ISBN: 0823282317
Category : Literary Criticism
Languages : en
Pages : 179
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Book Description
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.
Author: Peggy Kamuf
Publisher: Fordham Univ Press
ISBN: 0823282317
Category : Literary Criticism
Languages : en
Pages : 179
Get Book Here
Book Description
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.
Author: David Garland
Publisher: Harvard University Press
ISBN: 0674058488
Category : History
Languages : en
Pages : 428
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Book Description
The U.S. death penalty is a peculiar institution, and a uniquely American one. Despite its comprehensive abolition elsewhere in the Western world, capital punishment continues in dozens of American states– a fact that is frequently discussed but rarely understood. The same puzzlement surrounds the peculiar form that American capital punishment now takes, with its uneven application, its seemingly endless delays, and the uncertainty of its ever being carried out in individual cases, none of which seem conducive to effective crime control or criminal justice. In a brilliantly provocative study, David Garland explains this tenacity and shows how death penalty practice has come to bear the distinctive hallmarks of America’s political institutions and cultural conflicts. America’s radical federalism and local democracy, as well as its legacy of violence and racism, account for our divergence from the rest of the West. Whereas the elites of other nations were able to impose nationwide abolition from above despite public objections, American elites are unable– and unwilling– to end a punishment that has the support of local majorities and a storied place in popular culture. In the course of hundreds of decisions, federal courts sought to rationalize and civilize an institution that too often resembled a lynching, producing layers of legal process but also delays and reversals. Yet the Supreme Court insists that the issue is to be decided by local political actors and public opinion. So the death penalty continues to respond to popular will, enhancing the power of criminal justice professionals, providing drama for the media, and bringing pleasure to a public audience who consumes its chilling tales. Garland brings a new clarity to our understanding of this peculiar institution– and a new challenge to supporters and opponents alike.
Author: Frank R. Baumgartner
Publisher: Oxford University Press
ISBN: 0190841540
Category : Law
Languages : en
Pages : 417
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Book Description
Forty years and 1,400 executions after the U.S. Supreme Court ruled the death penalty constitutional, eminent political scientist Frank Baumgartner and a team of younger scholars have collaborated to assess the empirical record and provide a definitive account of how the death penalty has been implemented. A Statistical Portrait of the Death Penalty shows that all the flaws that caused the Supreme Court to invalidate the death penalty in 1972 remain and indeed that new problems have arisen. Far from "perfecting the mechanism" of death, the modern system has failed.
Author: Birte Christ
Publisher: Legenda
ISBN: 9781781885574
Category : Literary Criticism
Languages : en
Pages : 258
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Book Description
As Albert Camus once remarked: 'Of capital punishment, people write only [...] in a low voice.' Journalists and state officials alike use a carefully policed language when making any reference to the death penalty: when human beings are to be executed by the state, some key actors talk about what will be done in terms of legalities and procedures. Does fiction provide a counterbalance for that discretion, or simply echo it? What other perspectives can it bring into the foreground, and can literary language express a response to a supposedly necessary horror, or a terrible injustice, which other voices or media cannot? Considering a range of major works from across Western Europe and the United States, from the 18th century until the present day, Death Sentences investigates the contribution of poetics to our understanding, past and present, of capital punishment. The sophisticated literary representations found in Hugo, Dostoevsky, Wilde, Kafka, Mailer, King and others offer a privileged vantage point from which to illuminate and critique a unique institution which itself relies heavily on spectacle and representation to be operative and legitimized. Birte Christ is Assistant Professor of American Literature and Culture at Justus-Liebig-University Giessen. Ève Morisi is Associate Professor of French and Fellow of St Hugh's College at the University of Oxford.
Author: Helen J. Knowles-Gardner
Publisher: Rowman & Littlefield
ISBN: 1498579671
Category : Political Science
Languages : en
Pages : 197
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Book Description
Lights, Camera, Execution!: Cinematic Portrayals of Capital Punishment fills a prominent void in the existing film studies and death penalty literature. Each chapter focuses on a particular cinematic portrayal of the death penalty in the United States. Some of the analyzed films are well-known Hollywood blockbusters, such as Dead Man Walking (1995); others are more obscure, such as the made-for-television movie Murder in Coweta County (1983). By contrasting different portrayals where appropriate and identifying themes common to many of the studied films – such as the concept of dignity and the role of race (and racial discrimination) – the volume strengthens the reader’s ability to engage in comparative analysis of topics, stories, and cinematic techniques.Written by three professors with extensive experience teaching, and writing about the death penalty, film studies, and criminal justice, Lights, Camera, Execution! is deliberately designed for both classroom use and general readership.
Author: Jacques Derrida
Publisher: University of Chicago Press
ISBN: 022609068X
Category : Philosophy
Languages : en
Pages : 308
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Book Description
In this newest installment in Chicago’s series of Jacques Derrida’s seminars, the renowned philosopher attempts one of his most ambitious goals: the first truly philosophical argument against the death penalty. While much has been written against the death penalty, Derrida contends that Western philosophy is massively, if not always overtly, complicit with a logic in which a sovereign state has the right to take a life. Haunted by this notion, he turns to the key places where such logic has been established—and to the place it has been most effectively challenged: literature. With his signature genius and patient yet dazzling readings of an impressive breadth of texts, Derrida examines everything from the Bible to Plato to Camus to Jean Genet, with special attention to Kant and post–World War II juridical texts, to draw the landscape of death penalty discourses. Keeping clearly in view the death rows and execution chambers of the United States, he shows how arguments surrounding cruel and unusual punishment depend on what he calls an “anesthesial logic,” which has also driven the development of death penalty technology from the French guillotine to lethal injection. Confronting a demand for philosophical rigor, he pursues provocative analyses of the shortcomings of abolitionist discourse. Above all, he argues that the death penalty and its attendant technologies are products of a desire to put an end to one of the most fundamental qualities of our finite existence: the radical uncertainty of when we will die. Arriving at a critical juncture in history—especially in the United States, one of the last Christian-inspired democracies to resist abolition—The Death Penalty is both a timely response to an important ethical debate and a timeless addition to Derrida’s esteemed body of work.
Author: Roger Hood
Publisher:
ISBN: 019870173X
Category : Capital punishment
Languages : en
Pages : 612
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Book Description
The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasizing the impact of international human rights principles and evidence of abuse, the authors examine how this has fueled challenges to the death penalty and they analyze and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. They provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns. This edition provides a strong intellectual and evidential basis for regarding capital punishment as undeniably cruel, inhuman and degrading. Widely relied upon and fully updated to reflect the current state of affairs worldwide, this is an invaluable resource for all those who study the death penalty and work towards its removal as an international goal.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309254167
Category : Law
Languages : en
Pages : 144
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Book Description
Many studies during the past few decades have sought to determine whether the death penalty has any deterrent effect on homicide rates. Researchers have reached widely varying, even contradictory, conclusions. Some studies have concluded that the threat of capital punishment deters murders, saving large numbers of lives; other studies have concluded that executions actually increase homicides; still others, that executions have no effect on murder rates. Commentary among researchers, advocates, and policymakers on the scientific validity of the findings has sometimes been acrimonious. Against this backdrop, the National Research Council report Deterrence and the Death Penalty assesses whether the available evidence provides a scientific basis for answering questions of if and how the death penalty affects homicide rates. This new report from the Committee on Law and Justice concludes that research to date on the effect of capital punishment on homicide rates is not useful in determining whether the death penalty increases, decreases, or has no effect on these rates. The key question is whether capital punishment is less or more effective as a deterrent than alternative punishments, such as a life sentence without the possibility of parole. Yet none of the research that has been done accounted for the possible effect of noncapital punishments on homicide rates. The report recommends new avenues of research that may provide broader insight into any deterrent effects from both capital and noncapital punishments.
Author: Austin Sarat
Publisher: Princeton University Press
ISBN: 0691188661
Category : Law
Languages : en
Pages : 351
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Book Description
Is capital punishment just? Does it deter people from murder? What is the risk that we will execute innocent people? These are the usual questions at the heart of the increasingly heated debate about capital punishment in America. In this bold and impassioned book, Austin Sarat seeks to change the terms of that debate. Capital punishment must be stopped, Sarat argues, because it undermines our democratic society. Sarat unflinchingly exposes us to the realities of state killing. He examines its foundations in ideas about revenge and retribution. He takes us inside the courtroom of a capital trial, interviews jurors and lawyers who make decisions about life and death, and assesses the arguments swirling around Timothy McVeigh and his trial for the bombing in Oklahoma City. Aided by a series of unsettling color photographs, he traces Americans' evolving quest for new methods of execution, and explores the place of capital punishment in popular culture by examining such films as Dead Man Walking, The Last Dance, and The Green Mile. Sarat argues that state executions, once used by monarchs as symbolic displays of power, gained acceptance among Americans as a sign of the people's sovereignty. Yet today when the state kills, it does so in a bureaucratic procedure hidden from view and for which no one in particular takes responsibility. He uncovers the forces that sustain America's killing culture, including overheated political rhetoric, racial prejudice, and the desire for a world without moral ambiguity. Capital punishment, Sarat shows, ultimately leaves Americans more divided, hostile, indifferent to life's complexities, and much further from solving the nation's ills. In short, it leaves us with an impoverished democracy. The book's powerful and sobering conclusions point to a new abolitionist politics, in which capital punishment should be banned not only on ethical grounds but also for what it does to Americans and what we cherish.
Author: Cesare Beccaria
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584776382
Category : Criminal justice, Administration of
Languages : en
Pages : 274
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Book Description
Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.
