Gallows Corner (Reflections on Capital Punishment and Lessons in Paganism)

I.

Living as I do just north of the notorious road junction known as Gallows Corner - a large roundabout with five exits, a flyover, a nearby retail park, and an above average number of collisions -  mean my thoughts often turn to the subject of capital punishment; particularly in the wake of some ghastly local crime, such as the murder of Jodie Chesney ... 

I'm not suggesting that they should demolish the drive-thru KFC and re-erect the gallows as a place of public execution, but it has to be asked what should be done with violent felons who have placed themselves outside of the law and society and what role cruelty, punishment and death (as a form of truth) should play within the socio-legal space.


II.

Historically, as Foucault notes, public executions were always about more than justice; they were a theatrical display of force within a system founded upon a notion of sovereignty. But we, of course, no longer live in such a world; as citizens and as subjects, we are are constituted by a very different regime of power - one that has given itself the task (and the right) to administer life, rather than take it.

Such a regime - let's call it liberal humanism - prides itself on its ability to sustain and coordinate life within a system of law and order: "For such a power, execution was at the same time a limit, a scandal, and a contradiction." It's because this is the case - because having to execute a prisoner is an embarrassing sign of failure - that most Western democracies have abolished capital punishment (and why those states that still carry out executions do so behind closed doors as a joyless, bureacratic procedure witnessed only by officials and a few selected individuals). 

It's not that they - we - have become more humanitarian or more squeamish; death isn't carefully evaded or hidden away within our culture due to a heightened moral sense or some peculiar form of modern anxiety, but due to the fact that death is that which frustrates (bio-)power's desire to micro-manage every aspect of an individual's life. 

III.

Again, I'm not saying that we should attempt to turn the clock back and resurrect violent spectacles or what Nietzsche would term festivals of cruelty, though one suspects that here in Essex - home of the witch trials - there would be an enthusiastic audience for such.

I'm just reminding readers that, as Foucault suggests, public executions were once an occasion also for the exercise of popular power; a chance for citizens to directly vent their anger and make their views known; to not only rejoice in the execution of a criminal, but to mock those who act with pretensions of higher (universal) authority.   

Perhaps there is still something important to learn from Lyotard's lessons in paganism after all ...


IV.

By the term paganism Lyotard refers to a style of thinking which affirms the idea of incommensurable differences founded upon an ontology of singular events. For Lyotard, all things - including crimes - should be considered on their own terms, without attempting to arrive at a universal law of judgement that can make sense of (or do justice to) each and every unique happening.       

In other words, paganism is a kind of godless politics; one that abandons One Truth and One Law in favour of a multiplicity of specific judgements that have no pre-existing (ideal) criteria to refer back to. This would, arguably, allow us to develop a kind of post-Nietzschean legal sytem wherein judgement becomes an expression of an active and affirmative will to power.   

I have to admit that I find it difficult to see how this plurality of judgements would work in practice, but that might simply be because I lack the constitutive imagination to do so (a Kantian notion that Lyotard also invokes in his work on paganism).

See:

Michel Foucault, The History of Sexuality 1: The Will to Knowledge, trans. Robert Hurley, (Penguin Books, 1998); see Part Five: 'Right of Death and Power Over Life'.

Jean-François Lyotard, 'Lessons in Paganism', The Lyotard Reader, ed. Andrew Benjamin, (Blackwell, 1998). 

Reflections on the Death of a Sparrow (In Memory of Jodie Chesney)

A Trace of Feathers: Derridean Ornithological Absence 
(SA/2019)

I.

Yesterday was witness to an act of savage beauty as a sparrowhawk made a meal of one of the birds that live in the tangle of blackberry, honeysuckle and rose bush in the back garden, leaving nothing behind but a trace of feathers that gave rise to philosophical thoughts of presence and absence ... 

II.

The ontological terms presence and absence have a long history within Western philosophy, usually with the former being privileged over the latter, referring as it does to being in a positive sense; i.e., that which is directly at hand in a non-mediated manner and therefore linked to reality and to truth (the ultimate form of presence for Plato).

Derrida, however, famously deconstructs such thinking and shows how absense is not merely parasitic upon presence - is not merely a form of non-being there - and how presence is in fact always mediated and, indeed, reliant upon absence (i.e., being rests upon non-being, not vice versa).    

In so doing, Derrida is developing Heidegger's work on the metaphysics of presence, as set out in Being and Time (1927); attacking notions of origin, for example, and showing how the relationship between presence and absence is much more subtle - and much more playful - than many thinkers have realised.

For Derrida, representational absence is itself a form of presence; thus traces of feather, for example, speak not merely of a poor sparrow's death and absence, but also of their life and continued presence-as-absence. 

And, in a similar manner, we might suggest that the purple ribbons presently tied all over Harold Hill - on trees, fences, lamp posts, etc. - speak of Jodie Chesney's continued presence-as-absence ...    

III.

Nothing makes sense of the death of a sparrow - nor of a seventeen-year-old schoolgirl murdered as she sat in a park with her boyfriend, listening to music. But, thanks to the work of writers such as Derrida, it's at least possible to think beyond a dreary binary distinction that assigned value exclusively to presence and made of absence something inferior, something false. 

Feathers and ribbons don't do away with or disguise the fact of death. But such traces provide poignant reminders of lives once lived and allow us to know that the dead are with us still ...

Thanks to Símón Solomon for suggesting a Derridean perspective on the subject matter of this post.