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The First Defilement: The Death Penalty, Scapegoating, and the Mystical Foundations of American Criminal Law
The First Defilement: The Death Penalty, Scapegoating, and the Mystical Foundations of American Criminal Law
상세정보
- 자료유형
- 학위논문 서양
- 최종처리일시
- 20260202103158
- ISBN
- 9798315799917
- DDC
- 340
- 저자명
- Gvozden, Amanda.
- 서명/저자
- The First Defilement: The Death Penalty, Scapegoating, and the Mystical Foundations of American Criminal Law
- 발행사항
- [Sl] : Northwestern University, 2025
- 발행사항
- Ann Arbor : ProQuest Dissertations & Theses, 2025
- 형태사항
- 372 p
- 주기사항
- Source: Dissertations Abstracts International, Volume: 86-12, Section: A.
- 주기사항
- Advisor: Traina, Cristina.
- 학위논문주기
- Thesis (Ph.D.)--Northwestern University, 2025.
- 초록/해제
- 요약This dissertation argues that the American death penalty cannot be adequately understood through conventional legal, sociological, or historical frameworks. Its persistence-despite its juridical incoherence, racial disparity, and moral unpopularity-demands a more radical inquiry into the structures that sustain it. At the heart of this project lies the contention that the death penalty functions not as a legal instrument but as a legal ritual, one that enacts and renews the authority of what I term the American Xtian Legal System (AXLS): a theological-juridical order structured through whiteness, property, patriarchy, and divine violence. Through an interdisciplinary engagement with ritual theory, political theology, and legal critique, this dissertation situates the death penalty within a broader symbolic structure that mystifies state violence and sacralizes law, constructing the execution not as a failure of justice but as a necessary performance of social and spiritual purification.At the core of this argument is what I name the first defilement: not the crime committed by the condemned, but the originary act of scapegoating-a social and theological mechanism that predates and gives rise to both crime and punishment. Drawing on Rene Girard's theory of mimetic desire and sacrificial violence, I argue that legal systems do not emerge to resolve violence but to ritualize it. In the American context, capital punishment does not address crime; it reenacts a deeper ritual logic in which the state continually selects victims-drawn disproportionately from the racialized, gendered, and economically marginalized-for public sacrifice. This ritual, far from being a deviation from law, is foundational to its function. The law does not punish violence; it performs it. And in this performance, the law-god-a juridical construction of transcendent sovereignty-is continually reified.Building from Emile Durkheim's distinction between the sacred and the profane, and Mary Douglas's theories of purity and danger, this dissertation reveals how capital punishment serves to purify the social body by expelling those marked as contaminating. The execution is not simply the administration of a penalty; it is a ritual expulsion that reestablishes boundaries of belonging, reinforcing the state's symbolic order. This symbolic order is not neutral. Through close analysis of the legal and cultural foundations of the AXLS, I demonstrate that the totems this system protects-property, marriage, and freedom-are neither abstract nor universally accessible. Rather, they are racialized, gendered, and classed constructs, historically secured through settler colonialism, chattel slavery, Christian theology, and capitalist ideology. The death penalty, then, is a sacred act intended to defend these totems, sacrificing those whose existence threatens their sanctity.Here, the dissertation departs from traditional Girardian interpretations of Christianity as the revelation that ends the cycle of sacrifice. I argue that in the American context, Christianity does not demystify scapegoating; it absorbs and sacralizes it. Drawing on Jacques Derrida's concept of the "mystical foundation of authority" and Achille Mbembe's theory of necropolitics, I demonstrate that American law operates as a theological order, wherein divine violence is disguised as legal legitimacy. The law-god-a fusion of divine right, legal mystification, and sovereign violence-demands sacrifice not as punishment, but as worship. Executions, in this system, are sacred offerings made to sustain the illusion of law's neutrality and the state's moral authority. Thus, the death penalty is not aberrational; it is constitutive of the American legal order.The dissertation is divided into three major sections. The first lays out the jurisprudential failures of the death penalty. It critiques the four traditional justifications for criminal punishment-incapacitation, rehabilitation, deterrence, and retribution-and shows that none are sufficient to explain the persistence of capital punishment. Drawing on the work of scholars such as Carol and Jordan Steiker, David Garland, Austin Sarat, and others, this section reveals that the death penalty is inconsistent, cruel, and irrational. Despite reformist efforts to sanitize its practice through procedural safeguards and technological innovations like lethal injection, the fundamental contradictions remain: executions continue to be racially biased, geographically arbitrary, and symbolically incoherent. These contradictions, I argue, are not bugs in the system, but symptoms of a deeper ritual logic that transcends conventional legal reasoning.The second section constructs the theoretical framework for understanding capital punishment as a ritual act. Beginning with the performance of executions-their choreography, spatial and temporal structures, and symbolic paraphernalia-I show how the death penalty mirrors religious ritual. The judge becomes a priest, the execution chamber an altar, and the condemned a scapegoat. Drawing on theorists such as Durkheim, Douglas, Girard, Agamben, and Mbembe, I develop a theory of the death penalty as a ritual of purification and sovereignty, designed to renew the symbolic order by expelling those marked as sacred contagion. Within the AXLS, those who are criminalized are often those excluded from full access to the state's totems. Their very existence is framed as a threat to the purity of the social order-thus making them ideal sacrificial victims.In this context, I analyze how the AXLS constructs property, marriage, and freedom as sacred totems. Drawing on Cedric Robinson's racial capitalism and Walter Benjamin's "Capitalism as Religion", I show how capitalism and Christianity together produce a theological economy in which legal punishment is not just permitted but divinely mandated. Property is sacralized as dominion over land and people, often justified through Protestant doctrines of work and ownership. Marriage becomes a heteropatriarchal institution that renders white male authority natural and divine. Freedom, ostensibly universal, functions as a racialized and gendered construct-granted to the unmarked (white, male, heteronormative subjects) and denied to others. The threat to these totems, I argue, is managed not through law as reason but through law as sacrifice.The final section traces the historical evolution of capital punishment in the United States as a ritual form of sovereignty. From its origins in English common law and the "Bloody Code," through its deployment in settler colonialism, slavery, Jim Crow, and into the bureaucratized executions of the modern state, the death penalty has consistently functioned to reaffirm the social order through ritual killing. This section explores how the spectacle of execution shifts across time, adapting to cultural and technological changes while preserving its core symbolic function. Even in the post-Furman and post-Gregg eras, where courts have attempted to constitutionalize death, the ritual function remains intact. Legal decisions, far from abolishing the sacrificial logic, only deepen its mystification. Drawing on Rene Girard, Giorgio Agamben, and Jacques Derrida, as well as legal theorists like David Garland, Carol and Jordan Steiker, and Daniel LaChance and Evan Mandery, in addition to critical scholars such as Sylvia Wynter and Hortense Spillers, I interrogate this history to show how legal rituals produce what appears to be neutral authority while concealing the foundational violence upon which that authority rests.Ultimately, this dissertation contends that abolitionist critiques that rest solely on legal or procedural grounds fail to confront the sacred foundation of the death penalty. To truly understand the endurance of capital punishment in America, we must recognize it as a ritual act, a sacred sacrifice performed by a law-god whose authority is maintained through defilement and death. The first defilement is not the crime; it is the construction of the criminal through ritual exclusion. The second defilement, as Justice Brennan observed, is the state's own violence-the act of official murder performed in the name of justice. But this second defilement, far from correcting the first, merely reenacts it. The law, in this sense, does not break the cycle; it is the cycle.
- 초록/해제
- 요약And to confront the death penalty is to confront the theological violence at the foundation of American legal life.
- 일반주제명
- Law
- 일반주제명
- Sociology
- 일반주제명
- Political science
- 일반주제명
- American studies
- 기타저자
- Northwestern University Religious Studies
- 기본자료저록
- Dissertations Abstracts International. 86-12A.
- 전자적 위치 및 접속
- 로그인 후 원문을 볼 수 있습니다.
MARC
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■020 ▼a9798315799917
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■040 ▼aMiAaPQ▼cMiAaPQ
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■1001 ▼aGvozden, Amanda.
■24510▼aThe First Defilement: The Death Penalty, Scapegoating, and the Mystical Foundations of American Criminal Law
■260 ▼a[Sl]▼bNorthwestern University▼c2025
■260 1▼aAnn Arbor▼bProQuest Dissertations & Theses▼c2025
■300 ▼a372 p
■500 ▼aSource: Dissertations Abstracts International, Volume: 86-12, Section: A.
■500 ▼aAdvisor: Traina, Cristina.
■5021 ▼aThesis (Ph.D.)--Northwestern University, 2025.
■520 ▼aThis dissertation argues that the American death penalty cannot be adequately understood through conventional legal, sociological, or historical frameworks. Its persistence-despite its juridical incoherence, racial disparity, and moral unpopularity-demands a more radical inquiry into the structures that sustain it. At the heart of this project lies the contention that the death penalty functions not as a legal instrument but as a legal ritual, one that enacts and renews the authority of what I term the American Xtian Legal System (AXLS): a theological-juridical order structured through whiteness, property, patriarchy, and divine violence. Through an interdisciplinary engagement with ritual theory, political theology, and legal critique, this dissertation situates the death penalty within a broader symbolic structure that mystifies state violence and sacralizes law, constructing the execution not as a failure of justice but as a necessary performance of social and spiritual purification.At the core of this argument is what I name the first defilement: not the crime committed by the condemned, but the originary act of scapegoating-a social and theological mechanism that predates and gives rise to both crime and punishment. Drawing on Rene Girard's theory of mimetic desire and sacrificial violence, I argue that legal systems do not emerge to resolve violence but to ritualize it. In the American context, capital punishment does not address crime; it reenacts a deeper ritual logic in which the state continually selects victims-drawn disproportionately from the racialized, gendered, and economically marginalized-for public sacrifice. This ritual, far from being a deviation from law, is foundational to its function. The law does not punish violence; it performs it. And in this performance, the law-god-a juridical construction of transcendent sovereignty-is continually reified.Building from Emile Durkheim's distinction between the sacred and the profane, and Mary Douglas's theories of purity and danger, this dissertation reveals how capital punishment serves to purify the social body by expelling those marked as contaminating. The execution is not simply the administration of a penalty; it is a ritual expulsion that reestablishes boundaries of belonging, reinforcing the state's symbolic order. This symbolic order is not neutral. Through close analysis of the legal and cultural foundations of the AXLS, I demonstrate that the totems this system protects-property, marriage, and freedom-are neither abstract nor universally accessible. Rather, they are racialized, gendered, and classed constructs, historically secured through settler colonialism, chattel slavery, Christian theology, and capitalist ideology. The death penalty, then, is a sacred act intended to defend these totems, sacrificing those whose existence threatens their sanctity.Here, the dissertation departs from traditional Girardian interpretations of Christianity as the revelation that ends the cycle of sacrifice. I argue that in the American context, Christianity does not demystify scapegoating; it absorbs and sacralizes it. Drawing on Jacques Derrida's concept of the "mystical foundation of authority" and Achille Mbembe's theory of necropolitics, I demonstrate that American law operates as a theological order, wherein divine violence is disguised as legal legitimacy. The law-god-a fusion of divine right, legal mystification, and sovereign violence-demands sacrifice not as punishment, but as worship. Executions, in this system, are sacred offerings made to sustain the illusion of law's neutrality and the state's moral authority. Thus, the death penalty is not aberrational; it is constitutive of the American legal order.The dissertation is divided into three major sections. The first lays out the jurisprudential failures of the death penalty. It critiques the four traditional justifications for criminal punishment-incapacitation, rehabilitation, deterrence, and retribution-and shows that none are sufficient to explain the persistence of capital punishment. Drawing on the work of scholars such as Carol and Jordan Steiker, David Garland, Austin Sarat, and others, this section reveals that the death penalty is inconsistent, cruel, and irrational. Despite reformist efforts to sanitize its practice through procedural safeguards and technological innovations like lethal injection, the fundamental contradictions remain: executions continue to be racially biased, geographically arbitrary, and symbolically incoherent. These contradictions, I argue, are not bugs in the system, but symptoms of a deeper ritual logic that transcends conventional legal reasoning.The second section constructs the theoretical framework for understanding capital punishment as a ritual act. Beginning with the performance of executions-their choreography, spatial and temporal structures, and symbolic paraphernalia-I show how the death penalty mirrors religious ritual. The judge becomes a priest, the execution chamber an altar, and the condemned a scapegoat. Drawing on theorists such as Durkheim, Douglas, Girard, Agamben, and Mbembe, I develop a theory of the death penalty as a ritual of purification and sovereignty, designed to renew the symbolic order by expelling those marked as sacred contagion. Within the AXLS, those who are criminalized are often those excluded from full access to the state's totems. Their very existence is framed as a threat to the purity of the social order-thus making them ideal sacrificial victims.In this context, I analyze how the AXLS constructs property, marriage, and freedom as sacred totems. Drawing on Cedric Robinson's racial capitalism and Walter Benjamin's "Capitalism as Religion", I show how capitalism and Christianity together produce a theological economy in which legal punishment is not just permitted but divinely mandated. Property is sacralized as dominion over land and people, often justified through Protestant doctrines of work and ownership. Marriage becomes a heteropatriarchal institution that renders white male authority natural and divine. Freedom, ostensibly universal, functions as a racialized and gendered construct-granted to the unmarked (white, male, heteronormative subjects) and denied to others. The threat to these totems, I argue, is managed not through law as reason but through law as sacrifice.The final section traces the historical evolution of capital punishment in the United States as a ritual form of sovereignty. From its origins in English common law and the "Bloody Code," through its deployment in settler colonialism, slavery, Jim Crow, and into the bureaucratized executions of the modern state, the death penalty has consistently functioned to reaffirm the social order through ritual killing. This section explores how the spectacle of execution shifts across time, adapting to cultural and technological changes while preserving its core symbolic function. Even in the post-Furman and post-Gregg eras, where courts have attempted to constitutionalize death, the ritual function remains intact. Legal decisions, far from abolishing the sacrificial logic, only deepen its mystification. Drawing on Rene Girard, Giorgio Agamben, and Jacques Derrida, as well as legal theorists like David Garland, Carol and Jordan Steiker, and Daniel LaChance and Evan Mandery, in addition to critical scholars such as Sylvia Wynter and Hortense Spillers, I interrogate this history to show how legal rituals produce what appears to be neutral authority while concealing the foundational violence upon which that authority rests.Ultimately, this dissertation contends that abolitionist critiques that rest solely on legal or procedural grounds fail to confront the sacred foundation of the death penalty. To truly understand the endurance of capital punishment in America, we must recognize it as a ritual act, a sacred sacrifice performed by a law-god whose authority is maintained through defilement and death. The first defilement is not the crime; it is the construction of the criminal through ritual exclusion. The second defilement, as Justice Brennan observed, is the state's own violence-the act of official murder performed in the name of justice. But this second defilement, far from correcting the first, merely reenacts it. The law, in this sense, does not break the cycle; it is the cycle.
■520 ▼aAnd to confront the death penalty is to confront the theological violence at the foundation of American legal life.
■590 ▼aSchool code: 0163.
■650 4▼aLaw
■650 4▼aSociology
■650 4▼aPolitical science
■650 4▼aAmerican studies
■653 ▼aAmerican death penalty
■653 ▼aConventional legal
■653 ▼aPolitical theology
■653 ▼aAmerican legal life
■653 ▼aTranscendent sovereignty
■690 ▼a0398
■690 ▼a0323
■690 ▼a0615
■690 ▼a0626
■71020▼aNorthwestern University▼bReligious Studies.
■7730 ▼tDissertations Abstracts International▼g86-12A.
■790 ▼a0163
■791 ▼aPh.D.
■792 ▼a2025
■793 ▼aEnglish
■85640▼uhttp://www.riss.kr/pdu/ddodLink.do?id=T17357264▼nKERIS▼z이 자료의 원문은 한국교육학술정보원에서 제공합니다.


