Resistance, Rebellion, and Death
Page 17
Hence our society must now defend herself not so much against the individual as against the State. It may be that the proportions will be reversed in another thirty years. But, for the moment, our self-defense must be aimed at the State first and foremost. Justice and expediency command the law to protect the individual against a State given over to the follies of sectarianism or of pride. “Let the State begin and abolish the death penalty” ought to be our rallying cry today.
Bloodthirsty laws, it has been said, make bloodthirsty customs. But any society eventually reaches a state of ignominy in which, despite every disorder, the customs never manage to be as bloodthirsty as the laws. Half of Europe knows that condition. We French knew it in the past and may again know it. Those executed during the Occupation led to those executed at the time of the Liberation, whose friends now dream of revenge. Elsewhere States laden with too many crimes are getting ready to drown their guilt in even greater massacres. One kills for a nation or a class that has been granted divine status. One kills for a future society that has likewise been given divine status. Whoever thinks he has omniscience imagines he has omnipotence. Temporal idols demanding an absolute faith tirelessly decree absolute punishments. And religions devoid of transcendence kill great numbers of condemned men devoid of hope.
How can European society of the mid-century survive unless it decides to defend individuals by every means against the State’s oppression? Forbidding a man’s execution would amount to proclaiming publicly that society and the State are not absolute values, that nothing authorizes them to legislate definitively or to bring about the irreparable. Without the death penalty, Gabriel Péri and Brasillach would perhaps be among us. We could then judge them according to our opinion and proudly proclaim our judgment, whereas now they judge us and we keep silent. Without the death penalty Rajk’s corpse would not poison Hungary; Germany, with less guilt on her conscience, would be more favorably looked upon by Europe; the Russian Revolution would not be agonizing in shame; and Algerian blood would weigh less heavily on our consciences. Without the death penalty, Europe would not be infected by the corpses accumulated for the last twenty years in its tired soil. On our continent, all values are upset by fear and hatred between individuals and between nations. In the conflict of ideas the weapons are the cord and the guillotine. A natural and human society exercising her right of repression has given way to a dominant ideology that requires human sacrifices. “The example of the gallows,” it has been written,29 “is that a man’s life ceases to be sacred when it is thought useful to kill him.” Apparently it is becoming ever more useful; the example is being copied; the contagion is spreading everywhere. And together with it, the disorder of nihilism. Hence we must call a spectacular halt and proclaim, in our principles and institutions, that the individual is above the State. And any measure that decreases the pressure of social forces upon the individual will help to relieve the congestion of a Europe suffering from a rush of blood, allowing us to think more clearly and to start on the way toward health. Europe’s malady consists in believing nothing and claiming to know everything. But Europe is far from knowing everything, and, judging from the revolt and hope we feel, she believes in something: she believes that the extreme of man’s wretchedness, on some mysterious limit, borders on the extreme of his greatness. For the majority of Europeans, faith is lost. And with it, the justifications faith provided in the domain of punishment. But the majority of Europeans also reject the State idolatry that aimed to take the place of faith. Henceforth in mid-course, both certain and uncertain, having made up our minds never to submit and never to oppress, we should admit at one and the same time our hope and our ignorance, we should refuse absolute law and the irreparable judgment. We know enough to say that this or that major criminal deserves hard labor for life. But we don’t know enough to decree that he be shorn of his future—in other words, of the chance we all have of making amends. Because of what I have just said, in the unified Europe of the future the solemn abolition of the death penalty ought to be the first article of the European Code we all hope for.
From the humanitarian idylls of the eighteenth century to the bloodstained gallows the way leads directly, and the executioners of today, as everyone knows, are humanists. Hence we cannot be too wary of the humanitarian ideology in dealing with a problem such as the death penalty. On the point of concluding, I should like therefore to repeat that neither an illusion as to the natural goodness of the human being nor faith in a golden age to come motivates my opposition to the death penalty. On the contrary, its abolition seems to me necessary because of reasoned pessimism, of logic, and of realism. Not that the heart has no share in what I have said. Anyone who has spent weeks with texts, recollections, and men having any contact, whether close or not, with the gallows could not possibly remain untouched by that experience. But, let me repeat, I do not believe, nonetheless, that there is no responsibility in this world and that we must give way to that modern tendency to absolve everything, victim and murderer, in the same confusion. Such purely sentimental confusion is made up of cowardice rather than of generosity and eventually justifies whatever is worst in this world. If you keep on excusing, you eventually give your blessing to the slave camp, to cowardly force, to organized executioners, to the cynicism of great political monsters; you finally hand over your brothers. This can be seen around us. But it so happens, in the present state of the world, that the man of today wants laws and institutions suitable to a convalescent, which will curb him without breaking him and lead him without crushing him. Hurled into the unchecked dynamic movement of history, he needs a natural philosophy and a few laws of equilibrium. He needs, in short, a society based on reason and not the anarchy into which he has been plunged by his own pride and the excessive powers of the State.
I am convinced that abolition of the death penalty would help us progress toward that society. After taking such an initiative, France could offer to extend it to the non-abolitionist countries on both sides of the iron curtain. But, in any case, she should set the example. Capital punishment would then be replaced by hard labor—for life in the case of criminals considered irremediable and for a fixed period in the case of the others. To any who feel that such a penalty is harsher than capital punishment we can only express our amazement that they did not suggest, in this case, reserving it for such as Landru and applying capital punishment to minor criminals. We might remind them, too, that hard labor leaves the condemned man the possibility of choosing death, whereas the guillotine offers no alternative. To any who feel, on the other hand, that hard labor is too mild a penalty, we can answer first that they lack imagination and secondly that privation of freedom seems to them a slight punishment only insofar as contemporary society has taught us to despise freedom.30
The fact that Cain is not killed but bears a mark of reprobation in the eyes of men is the lesson we must draw from the Old Testament, to say nothing of the Gospels, instead of looking back to the cruel examples of the Mosaic law. In any case, nothing keeps us from trying out an experiment, limited in duration (ten years, for instance), if our Parliament is still incapable of making up for its votes in favor of alcohol by such a great civilizing step as complete abolition of the penalty. And if, really, public opinion and its representatives cannot give up the law of laziness which simply eliminates what it cannot reform, let us at least—while hoping for a new day of truth—not make of it the “solemn slaughterhouse”31 that befouls our society. The death penalty as it is now applied, and however rarely it may be, is a revolting butchery, an outrage inflicted on the person and body of man. That truncation, that living and yet uprooted head, those spurts of blood date from a barbarous period that aimed to impress the masses with degrading sights. Today when such vile death is administered on the sly, what is the meaning of this torture? The truth is that in the nuclear age we kill as we did in the age of the spring balance. And there is not a man of normal sensitivity who, at the mere thought of such crude surgery, does not feel nauseated.
If the French State is incapable of overcoming habit and giving Europe one of the remedies it needs, let France begin by reforming the manner of administering capital punishment. The science that serves to kill so many could at least serve to kill decently. An anesthetic that would allow the condemned man to slip from sleep to death (which would be left within his reach for at least a day so that he could use it freely and would be administered to him in another form if he were unwilling or weak of will) would assure his elimination, if you insist, but would put a little decency into what is at present but a sordid and obscene exhibition.
I suggest such compromises only insofar as one must occasionally despair of seeing wisdom and true civilization influence those responsible for our future. For certain men, more numerous than we think, it is physically unbearable to know what the death penalty really is and not to be able to prevent its application. In their way, they suffer that penalty themselves, and without any justice. If only the weight of filthy images weighing upon them were reduced, society would lose nothing. But even that, in the long run, will be inadequate. There will be no lasting peace either in the heart of individuals or in social customs until death is outlawed.
1 According to the optimistic Dr. Guillotin, the condemned was not to feel anything. At most a “slight sensation of coldness on his neck.”
2 Justice sans bourreau, No. 2 (June 1956).
3 Published by Roger Grenier in Les Monstres (Gallimard). These declarations are authentic.
4 Editions Matot-Braine, Reims.
5 In 1905 in the Loiret.
6 Réalités, No. 105 (October 1954).
7 It is possible to read every week in the papers of criminals who originally hesitated between killing themselves and killing others.
8 Report of the English Select Committee of 1930 and of the English Royal Commission that recently resumed the study: “All the statistics we have examined confirm the fact that abolition of the death penalty has not provoked an increase in the number of crimes.”
9 Report of the Select Committee, 1930.
10 La Potence et la Croix (Fasquelle).
11 Roger Grenier: Les Monstres (Gallimard).
12 Ibid.
13 A few years ago I asked for the reprieve of six Tunisians who had been condemned to death for the murder, in a riot, of three French policemen. The circumstances in which the murder had taken place made difficult any division of responsibilities. A note from the executive office of the President of the Republic informed me that my appeal was being considered by the appropriate organization. Unfortunately, when that note was addressed to me I had already read two weeks earlier that the sentence had been carried out. Three of the condemned men had been put to death and the three others reprieved. The reasons for reprieving some rather than the others were not convincing. But probably it was essential to carry out three executions where there had been three victims.
14 Roemen, condemned to death at the Liberation of France, remained seven hundred days in chains before being executed, and this is scandalous. Those condemned under common law, as a general rule, wait from three to six months for the morning of their death. And it is difficult, if one wants to maintain their chances of survival, to shorten that period. I can bear witness, moreover, to the fact that the examination of appeals for mercy is conducted in France with a seriousness that does not exclude the visible inclination to pardon, insofar as the law and customs permit.
15 Sunday not being a day of execution, Saturday night is always better in the cell blocks reserved for those condemned to death.
16 Bela Just: op. cit.
17 A great surgeon, a Catholic himself, told me that as a result of his experience he did not even inform believers when they had an incurable cancer. According to him, the shock might destroy even their faith.
18 Father Devoyod: op. cit. Equally impossible to read calmly the petitions for reprieve presented by a father or a mother who obviously does not understand such sudden misfortune.
19 France ranks first among countries for its consumption of alcohol and fifteenth in building.
20 The partisans of the death penalty made considerable publicity at the end of the last century about an increase in criminality beginning in 1880, which seemed to parallel a decrease in application of the penalty. But in 1880 a law was promulgated that permitted bars to be opened without any prior authorization. After that, just try to interpret statistics!
21 It must be noted that the custom in American prisons is to move the condemned man into another cell on the eve of his execution while announcing to him the ceremony in store for him.
22 This is the name of the innocent man guillotined in the case of the Courrier de Lyon.
23 The condemned man was accused of having killed his wife. But her body had not been found.
24 We congratulated ourselves on having reprieved Sillon, who recently killed his four-year-old daughter in order not to give her to her mother, who wanted a divorce. It was discovered, in fact, during his imprisonment that Sillon was suffering from a brain tumor that might explain the madness of his deed.
25 Revue de Criminologie et de Police Technique (Geneva), special issue, 1952.
26 Jean Bocognano: Quartier des fauves, prison de Fresnes (Editions du Fuseau).
27 My italics.
28 As everyone knows, the jury’s decision is preceded by the words: “Before God and my conscience …”
29 By Francart.
30 See the report on the death penalty by Representative Dupont in the National Assembly on 31 May 1791: “A sharp and burning mood consumes the assassin; the thing he fears most is inactivity; it leaves him to himself, and to get away from it he continually braves death and tries to cause death in others; solitude and his own conscience are his real torture. Does this not suggest to you what kind of punishment should be inflicted on him, what is the kind to which he will be most sensitive? Is it not in the nature of the malady that the remedy is to be found?” I have italicized the last sentence, for it makes of that little-known Representative a true precursor of our modern psychology.
31 Tarde.
The Artist and His Time
THE WAGER OF OUR GENERATION
(Interview in Demain, issue of 24–30 October 1957)
The notion of art for art’s sake is obviously alien to your thinking. That of “commitment” as it has been made fashionable of late is equally so. Taken in its present meaning, commitment consists in making one’s art subservient to a policy. It seems to me that there is something more important, which is characteristic of your work, that might be called inserting that work into its time. Is this correct? And, if it is, how would you describe that insertion?
I CAN accept your expression: inserting a work into its time. But, after all, this describes all literary art. Every writer tries to give a form to the passions of his time. Yesterday it was love. Today the great passions of unity and liberty disrupt the world. Yesterday love led to individual death. Today collective passions make us run the risk of universal destruction. Today, just as yesterday, art wants to save from death a living image of our passions and our sufferings.
Perhaps it is harder today. It is possible to fall in love every once in a while. Once is enough, after all. But it is not possible to be a militant in one’s spare time. And so the artist of today becomes unreal if he remains in his ivory tower or sterilized if he spends his time galloping around the political arena. Yet between the two lies the arduous way of true art. It seems to me that the writer must be fully aware of the dramas of his time and that he must take sides every time he can or knows how to do so. But he must also maintain or resume from time to time a certain distance in relation to our history. Every work presupposes a content of reality and a creator who shapes the container. Consequently, the artist, if he must share the misfortune of his time, must also tear himself away in order to consider that misfortune and give it form. This continual shuttling, this tension that gradually becomes increasingly dangerous, is the task of the artist
of today. Perhaps this means that in a short time there will be no more artists. And perhaps not. It is a question of time, of strength, of mastery, and also of chance.
In any case, this is what ought to be. There remains what is; there remains the truth of our days, which is less magnificent. And the truth, as I see it at least, is that the artist is groping his way in the dark, just like the man in the street—incapable of separating himself from the world’s misfortune and passionately longing for solitude and silence; dreaming of justice, yet being himself a source of injustice; dragged—even though he thinks he is driving it—behind a chariot that is bigger than he. In this exhausting adventure the artist can only draw help from others, and, like anyone else, he will get help from pleasure, from forgetting, and also from friendship and admiration. And, like anyone else, he will get help from hope. In my case, I have always drawn my hope from the idea of fecundity. Like many men today, I am tired of criticism, of disparagement, of spitefulness—of nihilism, in short. It is essential to condemn what must be condemned, but swiftly and firmly. On the other hand, one should praise at length what still deserves to be praised. After all, that is why I am an artist, because even the work that negates still affirms something and does homage to the wretched and magnificent life that is ours.
When a man speaks as you do, he is not speaking solely for himself. He is inevitably speaking for others. And he is speaking for something. In other words, he is speaking in the name of and in favor of men for whom those values count. Who are those men and what are those values?
To begin with, I feel a solidarity with the common man. Tomorrow the world may burst into fragments. In that threat hanging over our heads there is a lesson of truth. As we face such a future, hierarchies, titles, honors are reduced to what they are in reality: a passing puff of smoke. And the only certainty left to us is that of naked suffering, common to all, intermingling its roots with those of a stubborn hope.