By Desmond Manderson
Demise is the only ineradicable truth of being human and the way we expect approximately it's primary to our knowing of, and engagement with, the realm. Our human and cultural building of demise and death shapes the constitution and objective of our associations and has underpinned the paintings of students and philosophers down the a long time. In its association and values, its shape and content material, its building of the previous and of the long run, the connection among legislation and mortality is still some of the most complicated and undertheorised features of the felony process, no matter if facing AIDS, euthanasia, sadomasochism, "mercy killings", homicide, the judicial evaluation of the fitting to die or the felony demise sentence. This assortment brings jointly students from Australia, Britain and the USA to re-examine the connection among dying and the legislation, in ways in which could be of curiosity to poststructural philosophers and felony theorists and to cultural theorists and practitioners in a much broader box.
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Additional resources for Courting Death: The Legal Constitution of Mortality (Law and Social Theory)
The constitutional guarantee of the due process of law leaves us in the same problematic. To apply due process to cases involving capital punishment is to say that there is – that there can ‘be’ – a process which ensures all that is due to a person who is to die as a consequence of what that process determines. But such process is incapable of being ‘due’ enough. Something of this inherent inadequacy can be detected in the oxymoron of ‘super due process’ considered apt for death penalty cases. If all that is ‘due’ has been provided for, how can there be a supersaturated something still owing?
Pp. 32, 603 and Evans, Rituals of Retribution, pp. 209–10. 18. Gatrell, Hanging Tree, p. 59. 19. , pp. 74, 604. 20. , p. 60. 21. , p. 609. 22. Foucault, Discipline and Punish. 23. Evans, Rituals of Retribution, p. 876 and Gatrell, Hanging Tree, p. 90. 32 Courting Death 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. Evans, Rituals of Retribution, pp. 106–7. , p. 195. Gatrell, Hanging Tree, p. 75. Evans, Rituals of Retribution, p. 263. Gatrell, Hanging Tree, p. 90. , pp. 50, 68 and Evans, Rituals of Retribution, p.
The rule of dying declarations characterised the declarant as having an outsider’s interest in the truth of the matter. This no longer applies. Far from a promise of truth grounded in the renunciation of earthly concerns, the desire for eternal life suggests that the point of death is, on the contrary, marked by an almost desperate attempt to cling to those concerns. In this respect, our salvation may appear to lie not in the individual for whom death marks the end, but in the community which continues on after our death.