Civil Bodies: Legal Language and the Ritual of Sacrifice
In: Studies in law, politics, and society, Band 19, S. 67-98
ISSN: 1059-4337
The use of metaphoric language in describing the status of convicts who await execution & of symbolism in capital punishment processes are examined to illustrate how legal cruelty is justified in the US. In ritualizing capital punishment processes, it is contended that convicts must be dehumanized to function as objects of ritual sacrifices. Moreover, it is asserted that the notion of civil death facilitates the judicial process of removing a convict's status as person. The rituals of imprisonment & civil death are subsequently compared with those of slavery. Noting that the ritual sacrifice of what is considered natural is problematic, it is maintained that the natural body must become manifest, thus allowing the state to exercise authority. The decision in Ruffin v. The Commonwealth (1871) is presented to exemplify the use of metaphor in justifying the execution of convicts. It is concluded that the legal use of symbolism & metaphor in capital punishment processes must be challenged. 37 References. J. W. Parker