Showing posts with label Essay. Show all posts
Showing posts with label Essay. Show all posts

The Derrida Phenomenon

By Domenica-Antoine Grisoni
Literary magazine n° 196 - June 1983.

Jacques Derrida caricatured by Pancho for the literary Magazine.


A coterie carrying an authentic philosophical step. At the head, Jacques Derrida: that which gives its name. And also, which gave the tone. A machine to crush the texts. A Master of reading.

Eh yes, there is a Derrida phenomenon well. At the hour of the great crisis of the models of the thought, of the which gallops intrusion of subjectivity in philosophy, of the confirmed death of the Master-thinkers, at the moment even where we will pour in the third millenium, imbus of revival and "post-modernism", some that the last intellectual archaisms are in process of resorption, there is still, with same the body of the French philosophy (or this which holds place of it), a kind of outgrowth vieillotte and insolente, an effect of group, a vault: derridiens. Philosophers à.la.mode old, who follow all evenly the work of a Master, stick to its steps, miment its tics, steal its words and coil their reflexion in thinnest meander of his.


Seen outside, the coterie often starts the laughter, and sometimes stimulates the humour of his detractors. The ones make fun what they name its logorrhée, or joke the "logology" (speech on the speech) which swells and tends to slip towards a "logologology" without end. Others scoff what they judge being a revival of the philosophical clericalism. Others finally see only the version there Xxe century of Invaluable ridiculous; but did these, the laugher-prosecutors, read work which they disparage? If you ask them the question, they will answer that obviously not, then that they are perfectly "illegible".
Critical easy, too convenient, which makes mine regulate an account, but do not regulate it. Also I will risk another assumption. That of a current derridien carrying an authentic philosophical step. Of a which been obstinated work, obscure and ungrateful. Of a rigorous, radical work in its expression because it does not aim anything less than definitively to sap the protective base of the Western speculative speech.
At the head thus, Jacques Derrida: that which gives its name. And also, which gave the tone. A machine to crush the texts. A Master of reading.
Almost the totality of sound œuvre in progress is appeared as comments. Plato, Rousseau, from Saussure, Kant, Hegel, Nietzsche, Freud, Husserl, and well from others passed to the moulinette, "déconstruits" the ones after the others. With a simple and acknowledged aim: in finishing, through them, with traditional philosophy. To break the vicious circle of the illusions of truth which let believe that there are criticisms destroying. To further go that Nietzsche, for example, which proclaims the death of the metaphysics, which among the first carried the hardest blows to him, but which will never cease living with its phantom, of speaking its language and to reorganize its images. Or that Heidegger, another destroyer of this same metaphysics, which will not really arrive, in spite of its efforts, to get rid of its presupposed. It is with this trap, of the mode to think, which registers in the same mental space for and it against, back and its place, which Derrida wants to escape. Then it changes tactic. It inaugurates a strategy of the variation. It moves the glance. Either outside, but from now on inside the texts. The œil philosopher is inserted in the flesh of the concept, detects the most negligible articulations which hold welded the opposed couples, raison/déraison, présence/absence, etc i.e. what constitutes the architecture of the metaphysical spirit, and finishes by doing everything to explode. Illegible Derrida? Thus let us go: Derrida is a Devil, a Malignant philosopher. And read Of an apocalyptic tone adopted at one time in philosophy : you will find there in a luminous language the application of what I have just presented. The subversion of the texts by the œil and the ear. The philosophical one, strictly speaking.
Behind the Master: the close relations, the disciples, those which adopt its stakes, marry its engagements. A group whose members produce work of unequal interest. But from which Sarah Kofman is detached clearly. A philosopher who has a cast: œil right on the left phillosophie, œil on the psychoanalysis. All its books until now made fly. Readings without concessions, iconoclasts. The enigma of the woman : Freud just as it is, misogynist, working out his theory around a massive retention of femininity. Or the respect of the women : a comparative study of the systems of constraint and in the long term, negation of the female fact, through the speeches of Rousseau and Kant. And today, two short texts. Pugnacious. Aggressive. How to leave itself there? A question put with Plato, the examination of philosophy like poros (in the myth exposed in the Banquet, Poros is the god of ingeniousness, the success), i.e. like stratagem to reach the light. Simple translation of the metaphor: how to make that philosophy helps with knowledge? Then, slope psychoanalyses: An impossible trade. Reading of a writing of Freud going back to 1937, therefore among the last, Constructions in analysis. Malicious reading. Where it is learned that the Master of Vienna was until the end a quite bad lot, fixed on his capacity of analyst and eager to bequeath it intact to his successors. Here still which will not arrange the businesses of the French analysts.
An ultimate mention with Jean-Luc Nancy, who gathered in collection a series of articles disseminated through the reviews. It does not touch with morals, says it, but it scans some of its bases. And it is instructive.
With the assessment, Derrida, the derridiens: a free philosophical work, which continues in spite of the movements and the doubts. One can think of them what one wants. But that exists and that advances.

Quoted books
Of an apocalyptic tone adopted at one time in philosophy, Jcques Derrida. ED. Gallilée
The Categorical imperative, Jean-Luc Nancy. ED. Flammarion
How to leave itself there? Sarah Kofman. ED. Galileo
An impossible trade, Sarah Kofman. ED. Galillée

Selengkapnya....

Living On (Happily) Ever After: Derrida, Philosophy and the Comic

Robert S. Gall

Originally published in Philosophy Today 38 (1994):167-180

They were offered the choice between becoming kings or the couriers of kings. The way children would, they all wanted to be couriers. Therefore there are only couriers who hurry about the world, shouting to each other -- since there are no kings -- messages that have become meaningless. They would like to put an end to this miserable life of theirs but they dare not because of their oaths of service.Franz Kafka(1)

In reading the texts of Derrida, one easily notes how they repeatedly exhibit the frivolous and joking character of writing (AF 125-127; D 93)(2) through puns, double entendres, and turns of phrase that, like jokes, are often untranslatable. Taking a closer look, we also recognize occasional allusions to the conventions and strategies of comedy in these texts. For example, Derrida's call for a kind of thinking at the end of philosophy that is affirmed "in a certain laughter and a certain step of the dance" (MP 27; cf. WD 136) recalls the feast and reconciliation typical of the end of comedy. One also cannot help but notice how Derrida, either as commentator (AT 30; EO 141; Ltd 82) or signatory (WD 300: "Reb Derrisa," a homonym of "Reb de risée", the "rabbi of the laugh" or the "laughing rabbi"), frequently reminds us of the comic implications of his texts. Add to that their playful and performative nature (which suggests a comparison with literary- dramatic forms) and their labyrinth of forms and styles that is reminiscent of comic texts, and it is no wonder that there are frequent references to the genres of comedy and the comic in characterizing the texts of Derrida.(3)

However, despite the frequent references to a comic quality in the texts of Derrida, little has been done to show what this means for understanding those texts. That is, commentators (including Derrida) use the trope "comedy" and the "comic" to suggest/promote an understanding of philosophy and a comportment toward the world that is "comic" in some larger sense, but they tend to leave that comic quality unexplored. It is, however, just this comic quality, and the larger sense of "comedy" that it implies, that I wish to explore in an effort to distinguish the texts of Derrida. Noting this comic quality and the comic strategies employed by Derrida will, I suggest, prove helpful for suggesting how we might better understand the texts of Derrida, their relationship to the philosophical tradition and such traditional concerns as ethics, politics, and religious thought.

* * *

It is difficult to find unanimity on the subject of comedy and the comic. As one critic has put it, not only comedy but its criticism is a labyrinth. Yet a labyrinth is an order as well as a tangle,(4)and we can take note of a number of features and strategies that are important, if not absolutely necessary, for characterizing the comic, and which are echoed in the texts of Derrida.

(1) The Arbitrary and Discontinuous. A variety of critics have noted that a common feature of comedy and the comic is an emphasis on discontinuity and the arbitrary.(5) On the one hand, this means that comedy usually represents the dominant society or practices of its play as operating according to arbitrary laws. The dominant order is a matter of chance, not necessity. For instance, Aristophanes attempts to show his countrymen in Lysistrata that war between Athens and Sparta is not necessary; another order (i.e., peace between Athens and Sparta) is not only possible but beneficial. So too Molière, in The School for Husbands, by contrasting the way in which two brothers treat their wards (and intended brides), shows that the traditionally 'proper' way to raise a faithful wife is not the only way and can in fact (does, in fact, in the play) fail. Figaro, in the 5th act of Beaumarchais' play, challenges his master by pointing out that his master's position is only an accident of birth. On the other hand, this emphasis means that the accidental and the discontinuous tend to dominate the comic rhythm. As far back as Aristotle, it was noted that plot was not very important for comedy. Comedy tends toward the episodic -- witness the comic strip, or Chaucer's Canterbury Tales. There is sometimes a jumping back and forth in time, as in Billy Pilgrim's "progress" through Kurt Vonnegut's Slaughterhouse 5. Chance encounters are the rule, rather than the exception. Magic and fantasy are not uncommon, as is the case when a magician enables a humanities professor at CCNY to become a character in Madame Bovary in Woody Allen's short story "The Kugelmass Affair."(6) Even the magic is chancy; Puck's magic is less than certain in Midsummer Night's Dream, and Kugelmass accidentally ends up trapped in a remedial Spanish textbook, chased ever after by the verb tener ("to have").

Of course, Derrida takes the arbitrariness of the sign acknowledged and repressed by Saussure as one of the starting points for his deconstructive enterprise of/from grammatology (OG 44ff; cf. MP 10f, AF 110-112). Since "the thing itself" is a sign, and what is represented is always already a representatum (OG 49, 50), the presumed necessity of any system of signs -- which assumes the priority of one sign as signified and others as properly or improperly signifying that signified -- is subverted. Since what is signified always already implies a sign that points to it, what is signified is itself a sign, a trace, the trace of a presence (an absolute origin) that never was there. By showing the interconnectedness and con-textual nature of sign/signified and all other metaphysical binary oppositions, deconstructive discourse, like comedy, shows that the presumably absolute, categorical authority of a law (BL 190ff; cf. Par 249-287) assumes an authority it does not have.

But then, like comedy, Derrida also shows this arbitrariness by enacting it. His texts often take their point of departure from accidental or incidental features, correlations or correspondences in language and texts. A footnote in Sein und Zeit (MP 31ff), an incidental piece by Kant (AT), an isolated comment by Nietzsche (SNS 123ff) become starting points for his analyses. The "mute irony" of substituting an "a" for an "e" creates the nonconcept différance (MP 3ff); the unheard accent grave changes a feminine pronoun into a place in Cinders. Seemingly incongruous commentaries are laid side by side in Glas and "Survivre" (Par 119-178). The writing is telegraphic, as postcard dispatches punctuate The Postcard, and aphorisms (even the less than aphoristic) leave their mark on Roland Barthes and architecture, and mark time in Romeo and Juliet (Ps 273-304, 509-518, 519-533). Seemingly odd associations are made, and concepts transformed: différance becomes the trace becomes hérisson (a hedgehog, also reminding us of hérisser, "to spike"; CCP), or fire and ashes (C; OS). The texts of Derrida are like the harlequin's costume -- patchwork and piecemeal -- showing us the pretense of our presentations to the world.

(2) Repetition and Reproduction. The arbitrariness of laws leads to the arbitrariness of ends in comedies and in Derrida. On the one hand, this means that since the established order has no point or purpose, repetition overdone or not going anywhere belongs to comedy (Frye 168; et. al.). Comedy reveals that the dominant society is caught in obsessive, repetitive behavior that accomplishes nothing. Abbott and Costello's comic routine "Who's on First[?]", in which each participant asks the 'proper' questions and gives the 'proper' answers about the players on the new baseball team, over and over, to no avail, is a classic example of this point. "The Roadrunner" cartoons, where the predator (Wile E. Coyote) quite 'properly' pursues the roadrunner, over and over, even attempting, like a proper American coyote, to employ modern technology in his quest, would be another example. On the other hand, since there is no point, the end, i.e., the finish, of comedies likewise often enact this arbitrariness; they interrupt something that will go on ever after (happily or not). The Taming of the Shrew, at first glance, seems to end, happily, but Kate's submission is suspect (and is usually played so that we are not convinced she has submitted); we have the sneaking suspicion that the agon of this marriage (and all marriages) will go on indefinitely. Molière, much to the chagrin of drama critics, is often blatantly arbitrary, ending Tartuffe with the miraculous intervention of the king, for example, or rather incredibly tying together all sorts of loose ends in The Miser. And exactly how could you end the "Who's on First[?]" routine, or "The Roadrunner" cartoons, except arbitrarily?

It is much the same with deconstructive discourse. Derrida sees philosophical discourse ruled by a desire, an obsession, namely, a desire and obsession for "meaning", i.e., "wanting to say" (vouloir dire) something -- a full and unspoiled presence, a foundational and/or constant arche or telos. Yet this desire is infinitely deferred and comes to nothing. Why? There could be no meaning, no communication, without the absence of what is meant, and without the iterability of words and meanings. Hence all presentations (of meaning) are always already (possible) re-presentations. The purity of the origin or end is disrupted "from the start"; mimesis, imitation, 'rules' something like philosophy. But a mime (e.g., a philosopher) does not do anything (D 216), does not accomplish anything. Hence philosophy -- which thinks that it is going somewhere, from somewhere, i.e., that it has an absolute telos and/or arche -- is ultimately unable to justify its beginning or end (e.g., AF 108-109, 118-119; D 182n, 271). Meaning -- the burning desire and obsession of philosophy -- entails a wandering from sign to sign, trace to trace, deferring infinitely the presence it desires.(7)

The desire and obsession in comedy that is reproductive rather than productive often turns, not surprisingly, on sex. Old comedy such as survives in the work of Aristophanes included wearing huge artificial phalluses and telling obscene jokes. Ever since, from high comedies of manners to the low comedy of farce, whether it is women getting the better of men, youth overcoming obstacles to their desire, or the cuckold winning his horns, comedy has usually had something to do with sex. It is not hard to see why. Being perhaps the lowest common denominator among human beings, sex is a natural focus for a genre concerned with the common interests of mankind. Thus sex can serve as a great equalizer and leveller, an ideal focus for showing that the rich, the powerful, the unique, are really no different, no better, than anyone else. Likewise, if you wish, as comedy does, to show the impotence of the old order, there seems no better way to do that than by reference to sex.

Derrida and deconstruction have had recourse to much the same strategy, noting the "phallo-centrism" of "logocentrism" (= "phallogocentrism"; see, e.g., D 48-49 & n.47; Gl 113a, 188a; PSF 477ff) and the (intellectual) "masturbation" of trying to erect a philosophical system (OG 141-164). Deconstructive reading therefore involves castration -- "always at stake" (D 302) -- that cuts into the columns of text that are the erection of philosophy to note the gaps, the fissures, the openings (as in a woman) -- i.e., the radical alterity ("woman") -- on which philosophy depends, and which it therefore does not control. Deconstruction takes note of the feminine phantom haunting the smoke (and mirrors) of philosophy (C 33) and thereby seeks to think as a woman, "woman being one name for the untruth of truth" (SNS 51; cf. Gl 126a, 126bi, 187a; PSF 442ff). To think as a woman would not be to erect a philosophy but to be fertile in another way -- by playing, affirming an endless substitution that is neither signified nor signifier, presentation nor representation, showing nor hiding (P 86-87).

(3) The Ironic. The arbitrariness, discontinuity, and mimicry in comedy make meaning and self a tricky matter. Comedy usually deals in characters (a Falstaff, a Groucho Marx, Chaplin's Tramp) that fit any number of situations and therefore come across as representative figures, general "types" rather than "individuals." As representative figures, they do not evolve or change. But in order to maintain themselves in a hostile world, we find that comic characters need to show wide variances in their appearance and their language. Their persona become fluid and multiply; puns, double meanings, and the disguises of language proliferate. Thus Euripides, in Aristophanes' The Poet and the Women, appears in various parts from his plays (Menelaus, Perseus, Echo) in an attempt to save his once-disguised father-in-law Mnesilochus. Groucho Marx plays with language to say the unspeakable, i.e., to attack an enemy, or make lecherous advances toward a woman, all the while remaining Groucho. Woody Allen's Zelig is a "human chameleon" so as to fit in the world around him. The incongruity between character and mask, word and meaning, is ironic, and evokes laughter. In addition, as the designation of Zelig indicates, this duplicity often goes to the point of breaking the bounds of humanity, mixing (with) the divine, the bestial, or the mechanical. Many of Aristophanes' plays, with their bestial titles (The Birds, The Wasps, The Frogs), point to this breakdown between man and beast, as do stock comic figures like the cuckold (who grows horns), the shrew (as in The Taming of the Shrew), or the often inhuman babel of Joyce's Finnegan's Wake. Likewise, the mechanization of comic characters by reducing them to the physical -- with emphasis on their predictable desires for food, shelter, and sex, or their routine bodily functions -- emphasize these breakdowns. Humanity is shown to be but one more mask. Indeed, everything is turned into mask and revealed as mask in comedy; everything reduces to pure surface and inessential appearance.

This masking in comedy is the truth of deconstruction, a truth that will not be pinned down by truth, a truth that is no truth because it plays at dissimulation, ornamentation, deceit, and artifice (SNS 55, 59, 67, 69; cf. WD 263). Here the self is a trace, i.e., "the erasure of selfhood, of one's own presence" (WD 230; SP 66, 85), disrupting the proximity of self-presence necessary for self-identity and identification by "the proper word and the unique name" (MP 27; cf. OG 107ff). The self always exceeds the récit (story) it tells (itself) (Par 272-273), because it is not what it is unless it adds to itself the possibility of being repeated (of being a re-citation). As a result, the self withdraws in the supplement (e.g., its name) that presents it (D 168). Such is the "anonymity" of the trace in which the possibility of being repeated makes one's "own", "proper" name (e.g., one's signature) available to anyone (D 143-144; Ltd 29ff). The "democracy" of writing (D 144) that comes at the end of history, whereby the individual is 'lost' in the Dionysiac mirror-play of language, thereby marks the end of man and humanity (MP 111-136; cf. the inhumanity of the name, Ps 528). Thus Derrida too, like comedy, breaks the bounds of humanity, writing in a language that is monstrous, bringing forth monsters from the tradition (DO 123): Francis Ponge/sponge, or Hegel/eagle, or the death that haunts one's name, the Geist of humans reduced to fire and ashes.

(4) U-topia. Much of what has been said so far in characterizing the comic comes into focus with regard to what we may call the comic u-topia -- what others have called the argument or the discussion, reminding us of the links between philosophy and comedy since the (anti-tragic) dialogues of Plato.(8) Comedy aspires to, or culminates in, or takes its perspective from, a u-topia, literally, a "non-place" free of the constraints of the everyday world, detached from the old or dominant order and outside of time, a ludicrous context marked by the lack of (conventional) rationality, morality, and/or work in which the comic character is not threatened. Such a u-topia takes many forms. It might be the traditional, festive end of comedy, that "bliss beyond time" in which everyone lives happily ever after, or simply the carnivalesque atmosphere of a pilgrimage such as we find in Chaucer's Canterbury Tales. It might be a safe haven in the midst of the world -- the parlor (where women rule) in domestic comedies, the forests of Shakespeare's romantic comedies, the Boar's Head Tavern where Falstaff presides, the hospital ward where Yossarian finds refuge in Catch-22. It might simply be a different, detached perspective on things that is neither inside nor outside the comedy. A comedy of shifting perspectives like Thackeray's Vanity Fair that recognizes the universal folly of human being would be one such example; the ironic discussions that take place between author and reader in such works as Cervantes' Don Quixote or Fielding's Tom Jones and Joseph Andrews would be other examples. Whatever form it takes, the detached perspective of the comic u-topia thoroughly informs the play, for what is at stake is the conservation and survival of the comic, whatever his or her point.(9)

Correspondingly, Derrida has characterized the task of deconstruction in terms of a search for the non-place, the non-lieu, the non-site or u-topos from which to interrogate philosophy (DO 108, 112) (or any other dominant order). Deconstruction tends to what is neither inside nor outside, what does not 'take place' (n'a pas lieu), is not an 'event,' or is an event (événement) whose advent (avènement) is to come (à-venir). On the one hand, this involves constant reference to what are called "undecidables" or "quasi-transcendentals." Undecidables (non-concepts such as pharmakon, supplement, gram, etc.) are unities of simulacrum that inhabit but are not included in a system, resisting and disorganizing it instead (P 43; cf. 101n13). Undecidables might be described as u-topias of language, holes in the fabric of the text, punctures that punctuate the text and give it its texture (cf. Ps 274, 278-280). These "non-places" then are not resources and reserves of meaning, but mark a mise en abyme/abîme, an abysmal staging and setting of meaning, a simultaneous creation and ruination of meaning. On the other hand, what is 'accomplished' by Derridean deconstruction is not some new system but "undecidability" (D 93, 127, 219ff; S 64). In other words, it seeks in its writing to inhabit and enact a u-topia, a "non-place" of alterity and otherness that marks the end of history, the closure of the history of meaning and being.(10)

The way in which this u-topia shows itself and is inhabited, however, is crucial to understanding the debates surrounding the texts of Derrida. We might make this clarification by taking a closer look at comedy, and to a distinction made by Charles Baudelaire between the significative comic (le comique significatif) and the absolute comic (le comique absolu).(11)The significative comic includes comedy that has some sense of utility about it; for instance, it serves as a moral critique and corrective to whatever dominant society, order or practice is depicted. Its critique favors those (either a character in the play and/or the audience) who, in one way or another, inhabit the dominant society depicted in the play but are nonetheless marginal and left out by that society. To do this, it focuses on those interests common to all men (civic and private concerns such as making money, getting a mate, etc.) and, with regard to these interests, applies a standard that is perceived to be the social norm and mean (or should be the norm and mean).(12) In Aristophanes' satiric comedies, for example, the famous (Socrates in The Clouds, Euripides in The Frogs) or the powerful (government officials or armies in The Knights and The Acharnians) are shown to be ridiculous and thus the cause for the troubles of the heroes (Demos ["the people"] in The Knights, Dikeopolis ["honest citizen"] in The Acharnians). In comedies of manners, gentlemen and ladies of high and sophisticated society (and who thereby presumably sets standards for society) -- because of their foolishness and/or violations of social norms (that they have established) -- are shown to be really no different or better than anyone else. So the drama critic hero of Arsenic and Old Lace learns that he is a bastard and, indeed, exults in the fact, for it allows him to get the girl. In romantic comedies (such as are common with Shakespeare), the true lovers are prevented for a time from coming together by an often patriarchal figure and/or society that reveals itself as old-fashioned, stuffy, conventional -- but their love survives these threats. What is accomplished in all this, as Frye notes (169), is a movement "from a society controlled by habit, ritual bondage, arbitrary law and the old characters to a society controlled by youth and pragmatic freedom." In the 'end,' everyone gets together and is brought together. In its classic form, comedy 'ends' in a feast or banquet, often attendant upon a marriage, from which even those characters who served as obstacles to the comic hero's desire are not excluded. Taking its cue from its utopian perspective, significative comedy administers the quintessential pharmakon -- the laughter of comic relief -- which is both deadly to the old order or perspective, and therapeutic in providing a new, inclusive perspective on things.

Is the utopian perspective of the texts of Derrida to be understood along the lines of a significative comedy, with its celebration of conversation and community? Is there some ethical/political point to its practice? Some have thought so.(13)Such a view has its source not only in his apparently political "attacks" against racism and nuclear proliferation (Ps 353-362, 363-386, 453-475) or in the apocalyptic tone of some of his early essays, but also in the apparently subversive nature of the texts of Derrida. For instance, Derrida's deconstructive strategy, like that of comedy, places a great deal of emphasis on the marginal. Indeed, Derrida is almost obsessed with margins, evidenced not only by his investigations of titles, frames, signatures, and footnotes, but also by his continual writing in the margins. This margin(al) writing is sometimes extensive, as when seven page footnote dominates the text and contains a key to the entire text(14) or when a borderline text runs along the bottom margin of a main text (JD, Par 119-218). Sometimes this margin(al) writing is exclusive, as in The Truth in Painting, which Derrida notes is composed entirely of writing "around painting" (9), or Glas, which can be seen as a text of two margins, side by side (with additional writing inscribed in these margins), or the recently published Jacques Derrida, in which Geoffrey Bennington's account of the thinking of Derrida ("Derridabase") is accompanied throughout by a co-text from Derrida ("Circumfession"). Margins are important for Derrida because they are neither inside nor outside the system of meaning which they enclose and thus indicate that the system does not have the self-control that it thinks it has (MP xff; P 40). Margins are "loose ends" that provide deconstructive discourse with a way of inhabiting the structures it seeks to demolish, whereby it can use the logic of the system to unravel it and thereby subvert and overturn its logic. This subversion, as in comedy, is accomplished by overcoming the paternal/patriarchal obstacles put in its way (by 'castrating' them, i.e., showing their impotence). So Derrida cuts into the texts of philosophy through imitation (of their desire for presence) and, looking for presence, does not find it. He thereby cuts down the "transcendental signified", Logos, God the Father (D 76-78) -- which seemingly had stopped "play" -- and thereby accomplishes the play (irony) that was always already there (e.g., in philosophy) by affirming it.

This affirmation is an affirmation of freedom and the future -- freedom from the unrealizable and illusory desires and obsessions that bound the past, freedom for the future and "an entirely different logic" (Ltd 157n) which is radically other, unfettered, and undefinable (by current standards). So we find Derrida speaking frequently in and of the future perfect, e.g., when he notes that the phrase il y a là cendre "says what it will have been" (C 35), or when he mulls over the phrase "He will have obligated" (il aura obligé; Ps 159ff), or when he disclaims any intention to present a work by saying: "This therefore will not have been a book" (D 3). Derrida, like comedy, gives priority to the future, the future that always already will have been perfect(15) -- perfect in that it is always already privy to the imperfection (the "dead time", "le passé absolu"; OG 66, 68) of the present (and the past). Moreover, just as this movement toward the future in significative comedy is a move toward greater inclusiveness and integration, so it is with Derrida. The value of truth is not contested or destroyed, but reinscribed within a wider context (Ltd 146). Past thinkers like Hegel and Plato are not ignored and dismissed but read over and over (P 77; EO 87). The thing attacked in the deconstructive 'attack' is not ruined but monumentalized (S 4; cf. Gl 1b); past thinkers are erected (relevé), elated, raised up, put into relief and relifted (relève) in the affirmative comic relief (relève) of deconstruction that shows that there always already was play (irony), and nothing but play (irony). As a result, speaking of ourselves and others "in a deconstructive vein is precisely to unfold their absolute sociability, their constitutive entanglement in alterity and difference."(16)

However, there is reason to doubt an ultimately significative reading of the texts of Derrida, just as there is reason to doubt that comedy has any ultimately significative function. The doubt arises from the double bind in which both comedy and Derrida are caught. The double bind of comedy is that if one defines one's u-topian perspective, it is no longer a u-topia: defined, it is placed within the oppositional order of the dominant society, and is appropriated into that society. Comedians and comic characters are aware of this and, since part of what animates them is a desire to be free of any appropriation, their attitude tends to be that of Groucho Marx: they do not want to belong to any club that would have them as members. As a result, the comic immediately turns against the goal toward which he seemed to work. The comic is only comfortable as the loyal opposition. This is hardly the basis for an ethical or political program, which may be why Prince Hal had to abandon Falstaff and the Boar's Head Inn in order to govern, and one reason why so much of comedy avoids making ethical or political points altogether. Indeed, when you come right down to it, one may forcefully argue that comedy does not lend itself to making ethical points; at best one can say that comedy can influence conduct in one way or another, which is to say that it could serve to deprave and corrupt just as easily as reform and elevate.(17)

Derrida, like a (good) comic, is also conscious of his double bind. All too aware of the trap of becoming entangled in the order of metaphysics, he insists that he opposes nothing to the oppositional logic of philosophy (Ltd 117; PSF 259f); any apocalyptic tone he has taken in the past is "ironic," and does not try to lead or conduct (AT 30, 33ff). In addition, this irony is not the traditional sort of irony that masks some secret knowledge or presence (as the "good" irony or play in Plato presumably does). There is no secret knowledge (C 41, BL 205), no law behind the representation (BL 207ff); this is why Derrida works so hard sometimes to distance himself from negative theology (Ps 535-595; cf. MP 27). The texts of Derrida supplement rather than supplant, mimicking the desire of philosophy by continuing to desire, to play, endlessly. Put another way, one always begins again, one is always beginning; "the whole does nothing but begin" (Par 275; cf. Ps 649-650). So Derrida's 'hope' is not to erect another truth in the place of metaphysics (which would only re-establish an opposition), but simply to neutralize the system by laughing at it. But even that is not quite right, for the subversions playing about the law that he shows us do not mock or transgress the law; these games would not be possible, would have no force, without the instance of the law they seem to defy. There is no reason for Derrida's "play" unless he draws reason from the law, unless he provokes it. Hence he must produce the desire of philosophy in twisting it; he must demonstrate the madness of philosophy rather than oppose it from the outside with another madness (Par 246; cf. Par 285-286). As castration and mimesis (P 84), transgression and affirmation (WD 274), the double reading (writing/bind/science) of deconstruction might be either conservative or revolutionary, depending upon how it is deployed (Ltd 141). Or, put another way, despite whatever ethical/political stance it takes, Derrida's theory of deconstruction "leaves the world as it is and was," though "our grasp of why it is and must be left as it is and was" has changed.(18)

(5) Living On. This seems to completely deconstruct Baudelaire's distinction between the significative and absolute comic, and return us to the singular purpose of any and all comedy: to go on, to survive. As W.D. Horwath has put it (6),

comedy may be said to be 'moral' if it is based on a wholesome, positive attitude to life. Though it does not normally set out to change men's attitudes, nevertheless its effect is to reinforce our acceptance of a viable social order, a norm of behavior based on an unwritten compact between the playwright and the audience. The misfits, the social schemers, those who would upset the order of things are rendered harmless; if they are not converted to a right way of thinking, at least they are excluded from the social microcosm that the dramatist has created. The tricks and deceits, the moral turpitude of the rogues and villains, become part of a larger scheme which flatters the spectator's need for security and sends him home reassured.

In other words, comedy in its many forms is a celebration and affirmation of life, of living on, of conserving oneself and/or society. The fertile imagination of the comic ironist is put in the service of securing the comic and/or his view of the world. This is the case from the simplest fairy tale, where everyone (all the "good" people, anyway) lives (happily) ever after, to the grandeur and abstractness of life everlasting in Dante's Divine Comedy (where both the good and bad live on ever after, both happily and unhappily), from philosophy's escape into the magical forest of the Academy and Plato's dialogues, where Socrates lives on to play the fool who makes the wise seem foolish as he carries on endless discussions that espouse a multiplicity of views (and hence no particular view) of no one in particular, to Kierkegaard's "transcendental buffoonery" (Simon, 78ff) that parodies systematic philosophy (and even his own work) from behind pseudononymous masks. Ethics is incidental or irrelevant to the ultimate task of salvation, of being saved in order to live on.

So too the Derridean u-topia seems to consist of a comedy of ever-shifting perspectives that refuses to take a stand, or takes a stand "to be specified," because it is self-conscious that every stand is always already contaminated by what it is not, every point of view no view (point de vue; PSF 442, 459) with the goal of making us more self-conscious of the games we play, including the fact that there is nothing else but games. What lives on with Derrida? The text, including the text of philosophy, lives on, like some inhuman hypertext on computer that goes on being written from semester to semester in contemporary university writing classes.(19) Or, more precisely, what lives on is the law and desire of texts, and of philosophies. Indeed, Derrida wants it to live on, for if it were to reach its goal, its telos (a conclusive thesis), the desire of philosophy, and its telos, would disappear, become paralyzed, immobilized, die (Ltd 129; Par 119ff; PSF 285). Hence deconstruction strives to keep the discussion going, living on, open (Ltd 111,116); that is the ethics of this discussion, this u-topia. As a result, we can see Derrida as the end of philosophy in the sense that philosophy attains its goal in Derrida: to go on, to survive and continue in a world that is especially hostile to it.

Nevertheless, it is far from clear that we should rejoice in this prospect, for there is much despair in comedy, a despair that comes from the recognition that the repetitive, obsessive, foolish behavior depicted in the comedy will go on and on, indefinitely. In Stanley Kubrick's black comedy "Dr. Strangelove," Joint Chief of Staff "Buck" Turgidsen relishes the future life underground proposed by Dr. Strangelove (complete with numerous women for every man!) to the point of worrying about a shelter gap; the film then closes with shots of mushroom clouds accompanied by the song "We'll Meet Again." In Woody Allen's "The Purple Rose of Cairo," the heroine (Cecilia), having foresaken the ideal man come to life from the screen for the "real" actor (who played the ideal man), only to be dumped by the actor, returns to her escape into the movies. In both cases, nothing has been accomplished, nothing has been learned; both stories begin again. Or, as Derrida says, we are always beginning; the arche-originary "yes" with which we "begin" and "end" can only be a fiction, a fable, hearsay (Ps 647-648; UG 57ff). We are given over to affirming an endless recitation of ourselves that never takes place (Par 243, 266ff).

Walter Kerr puts an escapist twist on this theme, suggesting not only that "within comedy there is always despair," but also adding that it is "a despair of ever finding a right ending except by artifice and magic."(20) Comedy is an escape-aid; its celebration and affirmation of life requires a triumph of fantasy and imagination over the realities of life (and death). One must rise above (beyond) the 'real' world, without gravity -- one must detach oneself from the way things are -- in order to accomplish one's desire. Comedy's triumph of life involves a triumph over life. But detachment, distance, tends to make one insensitive. This is certainly true of comedy, where we laugh at the faults, foibles and injuries of others. Comedy is the original theater of cruelty, the comic the original assassin whose highest aspiration is "to kill the audience." Horace Walpole's famous line -- "The world is a comedy to those who think, a tragedy to those who feel" -- rings true.

Since Derridean deconstruction works on the basis of, and directed toward, an undecidable, undefinable, all-inclusive u-topia of endless re-presentation and re-production, with a faith that, at bottom, it all comes to the same thing (a will-to-presence, "wanting to say") and the superior, comprehensive view that "one politics is always being played against another (Ltd 135), it is not surprising that the detachment, violence and insensitivity of comedy shows itself in the texts of Derrida as well. We can see it in the lack of feeling for Romeo and Juliet (Ps 519-533) or for the country man denied access to the law (BL). We can see it in the priority given to freedom, to the unfettered future rather than the limited past, for in giving the future priority, Derrida would seem to exhibit the revenge that characterizes metaphysics, the will's ill will toward time and its 'It was'. 'It was,' the imperfect: that is "the fundamental trait of time in its authentic and entire unfolding as time,"(21) whereas the future is "the incognito of the eternal which is incommensurable with time" (Caputo, 15). To be is to be in time and therefore imperfect or, shall we say, questionable and questionworthy. Dissatisfied with such 'imperfection', such "questionable-worthiness" [frag-würdigkeit], Derrida and comedy seek to suspend time and achieve the perfection of some transcendental archilimbo ("neither inside nor outside") that exceeds the grasp of history though it is only realized within the context of history (Ps 648). Everything is contretemps (Ps 521). Or, as pointed out before, for Derrida "the whole does nothing but begin", such that history is mastered in a total and present resumption (Par 275; IOG 103). Such a suspension of time is revenge against time -- and that is the project of philosophy (metaphysics).

From its superior, u-topian perspective, comedy thrives on representation; caricature, for instance, is a staple of comedy. Derrida shares this strategy with comedy; Derrida in fact finds representation, as a posited image, to be the necessary character of all presentations (Ps 120, 123). However, in this Derrida would seem to repeat the slippage that takes place in Aristotle whereby all being is something produced, reproduced, ultimately, in the modern era, by man himself.(22) The world then becomes how I see it, how I produce it, how I want to represent it, since there is no authority other than the representer (D 195). So Derrida (like comedy) claims to be free of destiny; all sendings are messages without message or destination (see "Envois" [PSF 3-256]; cf. AT 34-35; Ps 391-392, 519ff). What, for example, is left of Hegel? Just quotations (Gl 1a), quotations which, like aphorisms and names, can be quoted infinitely out of any context (Ltd 65; MP 316-317; Ps 520) -- which is exactly what Derrida does in a text like Glas (196bi-198b; see his comments in AT 30) or the whole of Cinders. Everything is thus at the deconstructionist's disposal (AF 118, 134). Derrida's will to control is on display in several areas: his effort to control the 'undecidability' of language by intending (like Joyce; see IOG 102) the ambiguity of various signifiers in his texts, in his desire (like Plato and others) to choreograph a multiplicity of voices (EO 183-184; see, e.g., Cinders), and, most recently, in his refusal to allow his thought to be characterized without having a say (JD). This even goes so far as to affirm an "active forgetfulness" (MP 136; WD 247, 265; cf. Ps 649-650) whereby one tries to control one's forgetfulness and oblivion, at least a little -- by affirming it. The result of all of this would seem to show deconstruction as manipulative and frivolous as philosophy, but self-consciously so, a willful dissemination of fictions and constructs by which one is aware of being the fool.

Indeed, the self, characterized as a network of traces, a tele-phone exchange (UG 84), or (like Plato) a post-master (PSF 200, 207; Ps 271), is not attached to others but to a multiplicity of disembodied voices and languages. As a result, for all the apparent sociability of the comic-Derridean u-topia, an isolated, narcissistic individualism seems to prevail here. This, not surprisingly, is in keeping with what Frye notes as the final stage of comedy: the comic society collapses and disintegrates such that "the social units of comedy become small and esoteric, or even confined to a single individual," with "the love of the occult and the marvelous, the sense of individual detachment from routine existence" becoming more prominent (185; my emphases). Such a para-sitical individualism -- constantly subjecting all others who profess even a provisionally unified meaning to continual analysis and criticism that it always already will have been inadequate (whereby the other does not speak to deconstruction) -- coupled with a self that is no self, unbound by limits that would define it and give it responsibility, makes for the ultimate u-topia. It constitutes an escape into a faith that grants that "kind of certainty which is safe even in the uncertainty of itself, i.e., of what it believes in."(23) With Derrida, that faith is an affirmation of the innocence of becoming that aspires to the immortality of Dionysus (who survives, though torn to pieces, and who is the technician of and spectator to tragedy [e.g., in Euripides' Bacchae]) rather than mortal participation in the play of the world, an affirmation of fantasy and imagination over reality.(24) One puts on the mask of Kierkegaard's knight of faith, or Zen Buddhism's laughing Buddha, safe and secure behind an ironic smile.

To conclude. In conjuction with the comic, we have seen that the task of delimitation as set forth in the texts of Derrida is u-topian in the radical sense of the word, attempting to breach the very limit that it marks. Unravelling the texture of philosophy and its obsession for a presence infinitely deferred, Derridean deconstruction laughs at the old order, breaking the rules as it defines them, marking the end of authority, of history, of the self. Freed from constraint, deconstruction affirms the irony and play that is always already there, scattering meaning to the winds in an infinitely repeatable dissemination of significance. But this, as Derrida shows us, is what philosophy always already has been doing. Thus philosophy lives on in the texts of Derrida, for better or for worse, in the hands of couriers from a king that was never present, (doubly) bound by their oaths of service. On the one hand, there is the apparent duty and desire to be significant, to matter, to be relevant, to be useful, to impart a secret knowledge, even if that secret knowledge is only knowing that one does not know, that no one knows. On the other hand, there is a desire for freedom, bound not to be bound by the past, or even the desire for significance. One longs to retreat from politics in the streets to the magic forest of the Academy, from the world to the labyrinth of the (cogito's) imagination. Such is the double bind of comedy, of Derrida, of philosophy.(25)
NOTES

1. "Couriers," in Parables and Paradoxes, bilingual ed. (1958; rpt. New York: Schocken Books, 1971), p. 175.

2. The abbreviations of the texts of Derrida cited in this article:

AF Archeology of the Frivolous: Reading Condillac, trans. trans. John P. Leavey, Jr. (Lincoln: University of Nebraska Press, 1987).

C Cinders, trans. Ned Lukacher (Lincoln: University of Nebraska Press, 1991).

CCP "Che cos'è la poesia?", trans. Peggy Kamuf in A Derrida Reader, ed. Peggy Kamuf (New York: Columbia University Press, 1991), pp. 221-237.

BL "Before the Law," trans. A. Ronell and C. Roulston in Acts of Literature, ed. Derek Attridge (New York: Routledge, 1992), pp. 183-220.

DO "Deconstruction and the Other," in Richard Kearney, Dialogues with Contemporary Continental Thinkers: The Phenomenological Heritage (Manchester: Manchester University Press, 1984).

D Dissemination, trans. Barbara Johnson (Chicago: University of Chicago Press, 1981).

EO The Ear of the Other: Otobiography, Transference, Translation, trans. Peggy Kamuf (1985; rpt. Lincoln: University of Nebraska Press, 1988).

IOG Edmund Husserl's "Origin of Geometry": An Introduction, trans. John P. Leavey, Jr. (Lincoln: University of Nebraska Press, 1989).

Gl Glas, trans. John P. Leavey, Jr. (Lincoln: University of Nebraska Press, 1986).

JD Jacques Derrida by Geoffrey Bennington and Jacques Derrida. Trans. Geoffrey Bennington (Chicago: University of Chicago Press, 1993).

Ltd Limited Inc, ed. Gerald Graff (Evanston: Northwestern University Press, 1988).

MP Margins of Philosophy, trans. Alan Bass (Chicago: University of Chicago Press, 1982).

AT "Of an Apocalyptic Tone Recently Adopted in Philosophy," trans. John P. Leavey, Jr., Oxford Literary Review 6 (1984), pp. 3-37.

OG Of Grammatology, trans. G. C. Spivak (Baltimore: Johns Hopkins University Press, 1976).

OS Of Spirit. Heidegger and the Question, trans. Geoffrey Bennington and Rachel Bowlby (Chicago: University of Chicago Press, 1989).

Par Parages (Paris: Galilée, 1986). Three of the four essays in this text ("Survivre," "Titre à préciser," "La loi du genre") have appeared in English translation in various books and journals.

P Positions, trans. Alan Bass (Chicago: University of Chicago Press, 1981).

PSF The Postcard: From Socrates to Freud and Beyond, trans. Alan Bass (Chicago: University of Chicago Press, 1987).

Ps Psyché: Inventions de l'autre (Paris: Galilée, 1987). Most of the essays in this text have appeared in English translation in various books and journals.

Sb "Shibboleth," trans. Joshua Wilner in Midrash and Literature, ed. Geoffrey H. Hartman and Sandford Budick (New Haven: Yale University Press, 1986), pp. 307-347.

S Signéponge/Signsponge, bilingual ed., translated by Richard Rand (New York: Columbia University Press, 1984).

SP Speech and Phenomena and Other Essays on Husserl's Theory of Signs, trans. David B. Allison (Evanston: Northwestern University Press, 1973).

SNS Spurs: Nietzsche's Styles, bilingual ed., translated by Barbara Harlow (Chicago: University of Chicago Press, 1978).

TP The Truth in Painting, trans. Geoff Bennington and Ian McLeod (Chicago: University of Chicago Press, 1981).

UG Ulysse gramophone: Deux mots pour Joyce (Paris: Galilée, 1987). The two essays in this book, named in the title, have been translated separately in collections of essays on Joyce.

WD Writing and Difference, trans. Alan Bass (Chicago: University of Chicago Press, 1978).

3. Geoffrey H. Hartman, Saving the Text: Literature/Derrida/Philosophy (Baltimore: Johns Hopkins University Press, 1981), p. 24 and passim notes the constant "jesting" and "comedy" of Derrida's texts, and Eve Tavor Bannet refers to the way in which Derrida "parodies traditional forms of scientific discourse in the humanities" in Structuralism and the Logic of Dissent: Barthes, Derrida, Foucault, Lacan (Urbana: University of Illinois Press, 1989), p. 225, while Allan Megill, Prophets of Extremity (Berkeley: University of California Press, 1985), p. 267, makes reference to the wit and possible recovery of the comic in Derrida. David Farrell Krell, Intimations of Mortality (University Park: The Pennsylvania State University Press, 1986), p. 151, hints at the comic character of Derrida's though by noting its playful (almost silly) nature, and John D. Caputo, Radical Hermeneutics (Bloomington: Indiana University Press, 1987), pp. 195, 291-293 notes the comic nature of Derrida's thinking as characteristic of one side of postmodern thought. While Mark Taylor, Erring: A Postmodern A/theology (Chicago: University of Chicago Press, 1984), pp. 15, 158-168, makes reference to the "levity of comedy" that results from a deconstructive a/theology that exploits the insights of Derrida, and Candace D. Lang, Irony/Humor. Critical Paradigms (Baltimore: The Johns Hopkins University Press, 1988), pp. 3-4, 55-58, and passim refers to Derrida's "humorous" (i.e., postmodern ironical) critical strategies, Stephen W. Melville hints at the laughter of deconstruction in the title of his book, Philosophy Beside Itself: On Deconstruction and Modernity (Minneapolis: University of Minnesota Press, 1986).

4. Richard Keller Simon, The Labyrinth of the Comic (Tallahassee: Florida State University Press, 1985), pp. 8, 10.

5. Northrop Frye, Anatomy of Criticism: Four Essays (Princeton: Princeton University Press, 1957), p. 169; Maurice Charney, Comedy High and Low: An Introduction to the Experience of Comedy (New York: Oxford University Press, 1978), p. 5 and passim; Harry Levin, Playboys and Killjoys. An Essay on the Theory and Practice of Comedy (Oxford: Oxford University Press, 1987), p. 20.

6. Side Effects (New York: Random House, 1980), pp. 41-55.

7. See, e.g., SP 50, 52, 57, 67, 99 and MP 162-163, regarding the issues of "meaning", "wanting to say", representation, repetition and "nonproductive re-production." See also "Différance", "Signature Event Context" (MP 3-27, 309-333), Ltd 29-110, Par 173-174, 241, concerning these matters. Regarding the desire of philosophy, see AF 119, 129-131, 133-135, and DO 126.

8. See Levin, pp. 29-39, regarding the comic ethos as "the argument," and George McFadden, Discovering the Comic (Princeton: Princeton University Press, 1982), pp. 35ff and passim, regarding the comic ethos as "the discussion". Regarding the anti-tragic character of Plato's dialogues, see Martha C. Nussbaum, The Fragility of Goodness. Luck and Ethics in Greek Tragedy and Philosophy (Cambridge: Cambridge University Press, 1986), pp. 122-135; regarding the figure of Socrates as comic, see, e.g., Søren Kierkegaard, The Concept of Irony, with Continual Reference to Socrates, ed. & trans. Howard V. and Edna H. Hong (Princeton: Princeton University Press, 1989), pp. 129, 152, and Wylie Sypher, "The Meanings of the Comic" in Comedy. ed. Wylie Sypher (1956; rpt. Baltimore: The Johns Hopkins University Press, 1980), pp. 215, 229-230.

9. W. Moelwyn Merchant, Comedy (London: Methuen and Co., 1972), p. 82. Regarding the superiority, detachment and comprehensive vision of comedy, see also Horwath, p. 6, Ricoeur, p. 323, and Kern, p. 8, 19, 37 and passim. Regarding the definition of the comic context as "ludicrous", see Neil Schaeffer, The Art of Laughter (New York: Columbia University Press, 1981).

10. Regarding "undecidables" and "undecidability," see also Ltd 116, 145, 148-149. Regarding "quasi-transcendentals", see, e.g., Ltd 127, 152; Par 273; Ps 640ff. See D 183-184; MP 63f; P 56ff; SP 68, 102; WD 165-168 regarding the 'concept' of time and the end of history in deconstruction. For references to, and play on, the "en abyme/abîme", see, e.g., Gl 137bi, 151a, 257a; PSF 488; TP 17, 24. The u-topian character and aspirations of deconstruction (i.e., "no place", not taking place, not having a place, an event to come) emerge in a variety of ways and contexts; see, e.g., AT 33f; BL 205-206, 208-209; EO 14, 168-169; Gl 56b, 232ai; MP 22, 24; Par 150-151, 181, 234, 244-245; P 6-7; Ps 15-16; PSF 274; Sb 335; SNS 61, 63; and A. J. Cascardi, "Skepticism and Deconstruction," Philosophy and Literature 8 (1984), p. 4.

11. See "De l'essence du rire" in Oeuvres Complètes (Paris: Pléiade, 1961), pp. 985-986; translated by Jonathan Mayne as "On the Essence of Laughter," The Mirror of Art (Garden City, NY: Doubleday, 1956), p. 143-144. Edith Kern has made use of this distinction to explore the comic genre in her book The Absolute Comic (New York: Columbia University Press, 1980).

12. Herbert J. Muller, The Spirit of Tragedy (New York: Alfred A. Knopf, 1968), p. 15. See also W. D. Horwath, "Introduction: Theoretical Considerations" in Comic Drama: The European Heritage (London: Methuen and Co., 1978), pp. 2-3, and W. G. McCollom's discussion of comedy in terms of The Divine Average: A View of Comedy (Cleveland: Case Western Reserve University Press, 1971), p. 7 and entirety.

13. E.g., Christopher Norris, What's Wrong with Postmodernism: Critical Theory and the Ends of Philosophy (Baltimore: Johns Hopkins University Press, 1990); Caputo, pp. 257ff ("An Ethics of Dissemination"), 293; Lang, p. 66; Melville, pp. 154-155. Bannet, pp. 184-227, locates Derrida within the "logic of dissent" of structuralism in post-war France. Simon Critchley, The Ethics of Deconstruction: Derrida and Levinas (Oxford: Blackwell, 1992), attempts to find an ethical demand in Derridean deconstruction via the thought of Emmanuel Levinas.

14. In De l'esprit, nearly 8 pages (147-154) are dominated by a footnote, a textual matter that is obscured in the English translation, Of Spirit. What is even more remarkable is that the footnote in many ways ties together much of what Derrida is trying to bring to light in the "main body" of the text, and is therefore hardly "mariginal" in the sense of "unimportant."

15. See Andrew J. McKenna, "Postmodernism: It's Future Perfect" in Postmodernism and Continental Philosophy, ed. Hugh J. Silverman and Donn Welton (Albany: State University of New York Press, 1988), pp. 228-242. Cf. David Farrell Krell's "The Perfect Future: A Note on Heidegger and Derrida" in Deconstruction and Philosophy, ed. John Sallis (Chicago: University of Chicago Press, 1987), pp. 114-121.

16. Melville, p. 154. Cf. WD 118-119 and the "community" of the question(s) (of philosophy).

17. A parallel between the comedian's attitude toward utopia and philosophy's can be seen in Plato: Plato excluded himself from his dialogues, and excluded all philosophers of his type (i.e., "poets") from the utopia he portrays in The Republic. And, of course, the Platonic dialogues have been used in a variety of ways politically.

Regarding the unclear formulation of the 'conclusion' of comedy, see Frye, p. 169. Regarding the ethics of comedy, see Charney, p. 145, and Levin, p. 22.

18. Joseph Margolis, "Deconstruction; or The Mystery of the Mystery of the Text" in Hermeneutics and Deconstruction, p. 149.

On deconstruction's inhabiting the text, see, e.g., OG 24; WD 194, cf. 284-285. Regarding the nonoppositional character of deconstruction, see, e.g., D 3ff; MP 329; P 40-42; MP 27, 136; WD 252, 256-257; cf. D 201; Gl 187a-188a, 232ai.

See DO 120 on how Derrida's political stances are detached from his intellectual project of deconstruction. See also WD 274, Ltd 141, Christie MacDonald's comments in questioning Derrida at EO 174, and Hartman, p. 24, regarding the conservative nature of Derrida's deconstruction.

19. It is interesting in this regard to note the following prefatory remark in JD: "The guiding idea of the exposition comes from computers: G.B. would have liked to systematize J.D.'s thought to the point of turning it into an interactive program which, in spite of its difficulty, would in principle be accessible to any user."

20. Walter Kerr, Tragedy and Comedy (1967; rpt. New York: Da Capo, 1985), p. 79.

21. Martin Heidegger, "Who is Nietzsche's Zarathustra?" in Nietzsche, Volume Two: The Eternal Recurrence of the Same (New York: Harper and Row, 1979), p. 224.

22. For an account of this slippage, see Reiner Schürmann, Heidegger on Being and Acting: From Principles to Anarchy, trans. Christine-Marie Gros (Bloomington: Indiana University Press, 1987), pp. 83, 86, 97-105, 255f.

23. Martin Heidegger, The End of Philosophy, trans. Joan Stambaugh (New York: Harper and Row, 1973), p. 23.

24. See Merchant, pp. 79-82 ("The Metaphysics of Comedy") and Clifford Leach, Tragedy (London: Methuen and Company, 1969), p. 77, regarding the ultimate attitude of comedy. See also, Kern, pp. 13, 41-49, 114-15 and passim, regarding the triumph of fantasy and imagination over reality that occurs in comedy. See Hartman, p. 24, regarding the forced nature of Derrida's jesting, Schürmann, p. 321n.44, regarding Derrida's apparent regret over the loss of the One, and the readiness of some Christian theology to take up deconstruction (see, e.g., note 3), all of which suggest these conclusions. Carl Raschke, "The Deconstruction of God" in Thomas J.J. Altizer, et. al., Deconstruction and Theology, (New York: Crossroad, 1982), pp. 29-30, suggests the link between deconstruction and the immortality of Dionysus.

25. An earlier draft of this paper was presented at the annual meeting of the Society for Phenomenology and Existential Philosophy in Boston, MA in October, 1992. My thanks to Jim Walter at Sinclair Community College, who read a draft of this paper and provided helpful suggestions. Some of the work for this paper was done while attending an NEH Summer Seminar during 1991 at the University of California-Riverside, "Postmodern Postures: Nietzsche, Heidegger, Derrida and Rorty." My thanks go to the NEH and especially the seminar director, Bernd Magnus, for their support.

[After Post-Modernism Conference. Copyright 1994 by the author.]

Selengkapnya....

Deconstruction: Derrida, Theology, and John of the Cross

[Yahweh Elohim] brought them to the man to see what he would name them; and whatever the man called each living creature, that was its name.
Genesis 2:191

"But," he said, "you cannot see my face, for no one may see me and live."
Exodus 33:20

The structuralism for which Jacques Derrida has written an epitaph is a movement in linguistics that insists on the division of sign into signifier and signified. The signifier is "the set of sounds, or written marks, that is taken to designate an idea or concept" (Jacobs 1991: 173), and the signified the idea of the concept itself; "shoe," for example. The connection between the signifier "shoe" (in English) and the signified (the thing itself) is wholly relative to culture. That is, "shoe" could instead be:

"Plox" if we so desired, as long as we kept two things in mind: (1) there would need to be general agreement within the linguistic community that "plox" indicated this concept, and (2) the signifier "plox" must be distinguishable from all other signifiers, for the meaning of any given signifiers lies only in its difference from others. (Ibid. 173-174).

It is from this point that Derrida has criticized Western philosophy. This criticism is an attempt to show the violation of its own rules that Western thinking commits, and thus to dismantle, or deconstruct, it.

It must first be acknowledged that "deconstruction as an intellectual movement in the American academy has not remained within Derrida's control or subject to his direction" (Ibid. 173). Likewise, there are, or have been, other leading proponents of deconstruction in Europe itself; for example, Lyotard and even Foucault. And certainly Derrida's own thought has developed to a degree since the publication of his first major work, Of Grammatology. Nonetheless, it is necessary to encounter Of Grammatology to begin an understanding of Derrida. From Derrida, then, will come an understanding of deconstruction. And in the midst of it all, American writers, and the Derrida of a 1984 interview, will aid our understanding and discussion.

Still, it must be stated that such a focus on one man and one of his earliest works will bring an awareness that is quite provisional, an outline, temporary. That granted, then, some basic analysis will be offered, followed by a mitigated integration.

* * *

. . . there the LORD confused the language of the whole world.
Genesis 11:9


Words are trivial
Pleasures remain
So does the pain
Words are meaningless
And forgettable
--Depeche Mode, "Enjoy the Silence"


In discussing Derrida, it is necessary to understand his terms. This endeavor can become like grasping water, for the deconstructionist uses language in the sparkling dance of play. The deconstructionist uses language to show its contradictions, to erode the confidence that words do indeed reveal the wor(l)d behind them. Understanding, then, comes by keeping one foot in the logic system being deconstructed and one foot in the maze. But since there is that connection with the system, there is the possibility of understanding.

The key terms to explore are: differance, sous rature, trace, and logocentrism. Though these each carry varying importance, and though other terms provide helpful insight into Derridean deconstruction, under our present limitations, we can only approach the most significant terms in the most basic way.

Differance is the key Derridean term. It is a play on the French, "an economic concept designating the production of differing/deferring" (Derrida 1976:23). In fact, it is "the source of linguistic value" (Ibid. 52). That is, a word means because it is different from other words, and that meaning only arises out of the difference. As a result the presence of meaning is pushed further along beyond the edges of definition.

The foundation for this is based in the contradictions in Western metaphysics. In spoken discourse, the speaker and the hearer are immediately present to one another. Meaning and understanding are facilitated by means of presence. When discourse becomes written, however, the speaker/author is no longer present, and meaning is then hindered by absence.

It would seem, therefore, that as long as speaker and listener could always be present to one another, meaningful discourse could occur. But Derrida will not even allow this. He wrote Of Grammatology to show that writing's entire theory and form (including its technical aspects) infects and found human speech from its very origins.2

There is, then, even in speech, a presence and an absence in a sign's meaning. "[M]eaning is not immediately present in a sign. Since the meaning of a sign is a matter of what the sign is not, its meaning is always in some sense absent from it too" (Eagleton 1983:128). That is "shoe" means shoe both because it has some culturally fixed reference to the thing itself, and because it does not mean, for instance, cat.

Since "the original absence of the subject of writing is also the absence of the thing or referrent" (Derrida 1976:69), words must be written sous rature, or "under erasure." For what meaning is present in them is present by its very absence. "There is no sign as such. Either the sign is considered a thing, and it is not a sign. Or it is a reference, and thus not itself" (Ibid. 204). "Differance produces what it forbids, makes possible the very thing it makes impossible" (Ibid. 143). This putting a word under erasure is designated thus: sign. It allows the presence of the sign at the same time that it forbids that presence. The meaning/being of the sign is not present, but that very absence calls to mind the presence we are assuming.

So there is left in the sign something called trace. Contained in our words is something other than what they "mean." Differance "makes the opposition of presence and absence possible" (Ibid. 84). Thus we have contained in a sign/word as much its absence of meaning as the presence of the other from which it differs/defers: the trace. But the "trace itself does not exist" (Ibid. 167), and is "the unity of a double movement of protention and retention" (Ibid. 84). For Derrida, Western metaphysics, as expressed in philosophy, has forgotten this. It has assumed that absence excludes presence: A is not non-A. Calling this overpowering assumption "logocentrism," he observes, "The logocentric longing par excellence is to distinguish one from the other" (Ibid. 167). What this distinguishing attempts is the location of meaning in the sign. This, then, subsumes/subverts all language under/by that exclusion. And Derrida questions that subversion.

* * *
I have spoke with the tongue of angels
I have held the hand of the devil
It was warm in the night
I was cold as a stone
--U2, "I Still Haven't Found What I'm Looking For"


* * *

Since Derrida himself admits, "the enterprise of deconstruction always in a certain way falls prey to its own work" (1976:24), it would not seem amiss to expose its own problems. Given that Derrida denies that Western metaphysics has satisfied the yearning for the "Sign which will give meaning to all others--the 'transcendental signifier'--and for the anchoring, unquestionable meaning to which all our signs can be seen to point (the 'transcendental signified')" (Eagleton 1983:131)--nonetheless, Derrida does not attempt to destroy meaning per se. Rather, he asserts that meaning has not been found in Western thinking. Another locus, different from exclusionary presence, must be found, no matter how provisional. "Deconstruction is not an enclosure in nothingness, but an openness to the other" (Derrida 1984:124), and an attempt "to discover the non-place or non-lieu which would be [that] 'other' of philosophy" (Ibid. 112).

Meaning is "out there," it is simply that it is impossible for Western metaphysics to get around/behind textuality. "There is nothing outside of the text" (Derrida 1976:158). The sign does not allow the experience of the being/thing. "The play of the supplement is indefinite. References refer to references" (Ibid. 298). Transcendence has been put under erasure by immanence. A new center must be found if meaning and presence/absence are to be woven together.

In Derrida's forcing apart of immanence and transcendence, deconstruction paves the way for a(n) a/theology which takes deconstructionism to its final end. "A/theology is, in large measure, a critique of the notion of the transcendent God . . ." (Taylor 1984:104). "The disappearance of the transcendental signified closes the theological age of the sign and makes possible the free play of a/theological writing" (Ibid. 106). That free play imprisons the incarnate word, and incarnation, then, "is not a once-and-for-all event, restricted to a specific time and space and limited to a specific individual" (Ibid. 104). Rather, Taylor goes on to draw this conclusion: "Radical christology is thoroughly incarnational. . . . The body of the incarnate word marks the negation of the transcendence that is characteristic of God, self, and history" (Ibid. 168).3

Clearly, then, Christianity stands to lose much if it, too, is bound to the Western metaphysics under deconstruction. If logic is, indeed, only metaphor after all; if everything in language is only arbitrary substitute (as per Derrida 1976:235); if, as Derrida asserts, the subject is imprisoned in language (see 1984:125), then truth is impossible of signification (see 1976:10). In fact, the search for a new center becomes the arena for the exercise of a fascist will to power as each provisional non-lieu makes way for its more powerful successor.

Also, Derrida's argument notwithstanding, an important distinction must be kept in mind: "For deconstruction to work, one must presume a uniform ignorance that blindly embraces the signifier as the signified, and vice versa. In short, the indissolubility of the signifier and signified must be presumed in order to separate them" (Zornado 1992:123). Likewise, Osborne acknowledges the gap between signifier and signified. Nonetheless, he questions "whether it is as insurmountable a gap as Derrida argues" (1991:385).4 He goes on to assert that given time, meaning can be reached in/by context (Ibid.).

Winquist, along similar lines, helps preserve meaning by pointing out: "It is always difficult to determine when we espouse a crisis of meaning whether we are referring to a relational deficiency or to our own inability to discern relationships in the linguistic transformation of the complex of events that are the original objects of thinking" (1986:4). That is, all our talking, even thinking, about an event, person, truth, etc., is derivative: therefore, "presence" will never be complete in human discourse. Or as he says (emphasis his): "Our problem is not the absence of God but the presence and reality of the concept of God" (Ibid. 7). The question then becomes, given a fallen language, given that meaning is "out there," is it possible for humans to enjoy the presence of the other, of meaning, no matter how imperfectly?

Even by deconstruction's own terms, by excluding transcendence, they open the door for it. Immanence cannot be thought without the trace of transcendence. Really, what deconstruction hath wrought, is a realization of language's fallenness, and thus an announcement of the provisionality of all our God-talk.

But if God-talk is provisional, are we not back where deconstruction left us, without any guides? Surprisingly, the answer is no. We do have guides, ancient though they may be.

* * *
Take the space between us
And fill it up some way
--The Police, "O My God"


* * *

Our help here will come from writing and thought which predates Derrida by centuries. It is often called apophatic or negative theology.

Apophatic theology, like poststructural notions of text, demonstrates a radical skepticism regarding metaphor, and it holds that nay truth claims relying on metaphor as a vehicle are, at best, provisional. The reader looking for truth . . . Should not confuse metaphor, iconography, symbolism, liturgy, and the like with the ineffable mystery they attempt to signify. (Zornado 1992:118)5

Winquist echoes:

The work of theology has usually been a web of meaningful connections and saying what can be said about the relationship of common events and foundational principles. What could not be said, the surplus of meaning in even the most rationalistic theologies, fell into spaces of silence within and between systems and thereby constituted a presence that is an absence, a mystery and shadow for theological understanding.

If we are to initiate a new excavation, it must choose as its terrain the silences of experience, those suspicious areas of unintelligibility that have haunted the theological achievements of past enlightenments. (1986:32).

Zornado adds: "Apophatic thought provides a kind of key to those moments of silence, not that we might fill them in but rather that we might more fully experience the gaps between vehicle and tenor, between signifier and signified, as a silence related to that which contemplative monks desire" (1992:119).

In light of that, it appears that there is one author in particular who can help us in this pursuit: St John of the Cross. His work Ascent of Mt Carmel deals specifically with approaching God in the suspension of the bodily senses.6

Book 2 of the Ascent is the formative section on St John's position relating human knowledge through experience and talk of God, with God's real essence. And chapter 8 of book 2 is the succinct summary of that position. Take, for example, these words: "Nothing in this life that could be imagined or received and understood by the intellect can be a proximate means of union with God. In our natural way of knowing, the intellect can grasp an object only through the forms and phantasms of things perceived by the bodily senses" (1991:175). In fact, he says it this bluntly: "[I]ntellectual comprehension of God through heavenly or earthly creatures is impossible; there is no proportion of likeness" (Ibid. 174). Therefore, if humans are to understand God and his ways, however imperfectly, he "must speak doctrine to them from his own mouth, and not theirs, and in a tongue other than theirs" (Ibid. 216).

This is not to say that St John of the Cross7 was a proto-deconstructionist. Zornado points out important differences between apophatic theology and deconstruction: apophatic theology is not an escape from orthodoxy (and thus from truth and meaning expressed in sign), and it is firmly grounded in Christ crucified (a recognition deconstruction does/can not share) (see Zornado 1991:122).

Nonetheless, given that deconstruction cannot be simply taken at face value, that Derrida indeed has a priori assumptions which he brings to his critique of metaphysics, yet his decentering of Western philosophy provides a helpful corrective to Christendom. Theology is expressed in fallen language. Philosophy can never attain complete knowledge. Therefore when it comes to God-talk, reverence and humility seem the safest attitudes. Theology needs always to be in encounter with the unsaid, even if only to contradict/correct the said. God is necessarily larger than our understanding of him--and certainly of our ability to speak accurately of him.

But in more practical terms, what are the areas affected by an affirmation of mitigated deconstruction? At least these three: the practice of unity, the empowerment of interpretation, and the union of theology and mysticism.

Since language is such an imperfect vehicle for God-talk, clearly only divinely inspired language can hold any power. That human language can carry meaning has not been disproved. But since it is so imperfect, an attitude of humility can be the only right one. Therefore, all divisions in Christianity, while not completely worthless, nonetheless cannot be held with any real passion. Such openness toward other provisional texts can do much to cultivate the unity for which God incarnate prayed.

Also, a mitigated deconstruction can reinstate the power of Christian allegorical interpretation to imprint the mind. A structured, channeled playfulness in the sacred can do much to bring about the desire for the text Derrida (1984) and Taylor (1984) both say deconstruction feeds.

Finally, though the insight is not new, theology, if humble, must necessarily be mystical. The absence of mysticism must always recall the presence of theology and vice versa. Radicalize either and the other can only be indeed lost. But both held in tension can provide renewal, each for each. It seems to me that this was the genius of the medieval Western church.

* * *

They saw what seemed to be tongues of fire that separated and came to rest on each of them. All of them were filled with the Holy Spirit and began to speak in other tongues as the Spirit enabled them.
Acts 2:3-4

. . . [W]e were eyewitnesses of his majesty. . . . We ourselves heard this voice that came from heaven when we were with him on the sacred mountain.
2 Peter 1:16, 18


1 All Scripture citations are taken from The NIV Classic Reference Bible: New International Version, Grand Rapids: Zondervan, 1988.

2 This is especially brought out in Of Grammatology's second part which deals with Rousseau and his understanding of language with its cultural origins. See especially Part II, chapters 2 and 4.

3 Though Taylor follows deconstruction past the point I'm willing to go, yet I found his Erring to be among the most beautifully written postmodern theologies I've encountered. Particularly his chapter 6, "Markings," on the self. Relating the Christian death of self to nihilism: "Nihilism becomes fully actual when death, or more precisely, the death of the self, is no longer passively suffered and reluctantly conceded but is actively affirmed and willingly embraced. . . . At this critical point, nihilism undergoes an unexpected reversal . . ." (1984:140).

4 John M. Ellis, in Against Deconstruction, argues along similar lines, as he tries to reinstate structuralism. I am not familiar enough with his book to intelligently evaluate his thesis. But I have at least two initial hesitancies. I do think Derrida's arguments indicate enough weaknesses in structuralism that it would be less than enticing to return to it. I also think that Derrida's decentering of Western philosophy is a good warning to Christendom not to tie faith with any one system.

5 Deconstruction asserts that even logic and mathematical formulae are indeed metaphor. Thus all language becomes metaphoric.

6 His companion work Dark Night of the Soul deals with the suspension of the spiritual senses. Night must always be held together with Ascent in any understanding of St John of the Cross, but for our purposes Night's similarities are not close enough to warrant reference.

7 I cannot but heartily recommend the little volume of collected works put out by the Institute for Carmelite Studies (see bibliography). The Kavanaugh/Rodriguez translations is incredibly accessible and portable. It should, of course, be weighed against the E. Allison Peers translations.
.


Bibliography of Sources Cited

Derrida, Jacques. Of Grammatology. Tr. by Gayatri Chakravorty Spivak. Baltimore: John Hopkins University Press, 1976.

________. "Jacques Derrida." In Dialogues with contemporary Continental thinkers. Tr. and ed. by Richard Kearney. Manchester: Manchester University Press, 1984.

Eagleton, Terry. Literary Theory: An Introduction. Minneapolis: University of Minnesota Press, 1983.

Jacobs, Alan. "Deconstruction." In Contemporary Literary Theory: A Christian Appraisal. Ed. by Clarence Walhout and Leland Ryken. Grand Rapids: Eerdmans, 1991.

John of the Cross. The Collected Works of St John of the Cross. Tr. by Kieran Kavanaugh and Otilio Rodriguez. Washington: ICS Publications, 1991.

Osborne, Grant R. The Hermeneutical Spiral. Downers Grove: InterVarsity Press, 1991.

Taylor, Mark C. Erring. Chicago: University of Chicago Press, 1984.

Winquist, Charles E. Epiphanies of Darkness: Deconstruction in Theology. Philadelphia: Fortress, 1986.

Zornado, Joseph. "Negative Writings: Flannery O'Connor, Apophatic Thought, and Christian Criticism." Christianity and Literature. Vol. 42, No. 1 (Autumn 1992):117-140



© 1994 Clifton D. Healy
http://www.geocities.com/chealy5/Deconstruction.htm

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Deconstructin(g) Jazz Improvisation: Derrida and the Law of the Singular Event

Sara Ramshaw, Queen’s University Belfast

"It was the music. […] It made you do unwise disorderly things. Just hearing it was like violating the law."
Toni Morrison (Jazz 58)

"[E]very invention should make fun of the statutory."
Jacques Derrida (“Psyche” 45)

Paris, July 1997. Famed jazz saxophonist Ornette Coleman has just invited French philosopher Jacques Derrida to share the stage with him at the Paris La Villette jazz festival for an improvised jazz-text collaboration (Nettelbeck 198). Coleman “blows” while Derrida “read[s]” 2 (Stein). The audience members, “intolerant of this unaccustomed form,” (Nettelbeck 198) drive Derrida off the stage before he can “get into his stride” (198). 3 His contribution to the event is “pathetically foreshortened” (198) and Derrida is left shaken by the “painful experience” (qtd. in Stein). 4

Of particular interest to this article is the willingness of Derrida to collaborate with Coleman in this manner – especially when his arguments against the possibility of “spontaneity, improvisation and unmediated expression” (Gartside, qtd. in O’Reilly) are often cited in order to critique jazz and jazz improvisation (O’Reilly). Coleman, in contrast, attempts everything Derrida says is impossible in relation to improvisation: “Breaking out of the prison bars of rigid meters and conventional harmonic or structural expectations” (Goldman); resisting “hierarchical distinctions between improvisation and inscription” (Nettelbeck 200). His “harmolodic” 5 (Goldman) musical form taunts the laws governing the system of Western tonal music, “encourag[ing] the improviser to be freer, and not obey a pre-conceived chord-pattern according to set ideas of ‘proper’ harmony and tonality” (Williams 3). Throughout his performances, “harmony becomes melody becomes harmony” (Goldman) and the division between the melodic and harmonic forms 6 is effectively ignored, transgressed. 7 As Coleman is quoted as saying in the liner notes of his Free Jazz album: “Let’s try to play the music and not the background” (qtd. in Williams 3). By “background,” Coleman is referring to the “general framework of jazz improvisation which had established itself soon after the birth of jazz as a more or less incontestable norm” (Jost 17). This “framework,” Jost claims, “consisted of a code of agreements which made up […] the ‘musically universal’ in jazz, and remained constant throughout the years of jazz evolution, while the ‘musically particular’ changed” (17).

Driving this discussion is a deep scepticism, fuelled by Derrida, as to whether jazz improvisation can actually transgress or ignore the “background” of which Coleman speaks. Can it, borrowing from Haldar, “properly” (Haldar 7) escape jazz’s law, the law of jazz, which “hums in the background” (Haldar 1)? Or, far from “bring[ing] down the law” (5), is improvisation “nothing more than the law of law” (5), “nothing more than the repetition of man’s vertical aspirations?” (5). 8

Before attempting to answer these questions, I must briefly address a preliminary matter about which many readers may be curious, namely what is this “law of jazz” mentioned above? Or, more pointedly, what is “law”? Although the aim of this article is to locate it not as unity, but as “irresolution” (Fitzpatrick Mythology 2), law persists in the West as a unified subject, a subject that is “‘out there’, perfectly formed, complete and coherent, waiting to be discovered” (Douzinas et al x). It persists, at least in its generic sense, as “a body of rules of action or conduct prescribed by controlling authority, and having legal binding force” (Black 884). The ideal of the rule of law in Western democratic society means that “everyone is bound by the law” (Pue 17, emphasis omitted): “the very nature of law is that it applies to us all” (“Head-to-head”). Moreover, it is “presume[d] that before citizens’ liberties and freedoms are restricted, the full protection of constitutional rights and the political protections provided by our parliamentary system of government will be brought into play” (Pue 17, emphasis omitted). Determinations of what is and what is not lawful remain under the control of the democratically-elected legislature; police are employed to enforce these laws and courts adjudicate any alleged infractions or disputes over meaning (17).

In keeping with this dominant view, Western law must eschew all spontaneous or unpredictable elements. This can be starkly contrasted to the prevailing perception of jazz in the West as that which is founded solely upon pure spontaneous improvisation. Both conceptions are, when deconstructed, ultimately found wanting. This article therefore aims to critique the positioning of Western law and jazz in relation to improvisation by reading Derrida’s work on law and justice 9 in tandem with his views on invention 10 and then applying the consequent observations to the topic of jazz improvisation. While improvisation 11 and invention 12 are by no means identical, they do share certain qualities that become extremely relevant when explored through a deconstructive framework. 13 Both concepts describe “event[s] without precedent” (Derrida “Psyche” 43), “unique situation[s]” (60), which are constituted in their “singularity” (28). This singularity, albeit contested, can be starkly contrasted to the dominant conception of Western law, which privileges generality and universality over unpredictability and arbitrariness.

In his writings on law and invention, Derrida unpacks the “problematic relation between the singular and the general” (Attridge “Before the Law” 181) in order to challenge the pure presence of singularity in invention, along with the universality, which is said to propel occidental law. His observations, when applied to the critical study of jazz improvisation, confront the prevailing understanding of improvisation as sheer spontaneity and thereby challenge its exaltation in jazz and concurrent condemnation in law. A deconstructive reading reveals that improvisation so defined can be neither total in jazz nor totally absent in law. Instead, the singular event exists solely as aporia in both fields. This unpacking of the aporetic nature of singularity reveals not only the inevitability of legal invention, but also the necessity of the “jazz form” 14 (Finkelstein 71). Beyond this, however, and perhaps shedding some light on Derrida’s participation in the “improvised” event described above, there exists an openly responsive dimension to both jazz and law. This dimension, although never complete or absolute, glances towards the singular other 15 and keeps alive the possibility of creativity, ethics, democracy and justice in Western law and society.
Irresolution in Jazz and Law

When asked “What is jazz?” Louis Armstrong purportedly replied, “Man, if you have to ask, you’ll never know” (qtd. in Hyman 3). 16 This celebrated response has become authority for the position that there is “no single workable definition of jazz, no single list of essential characteristics” (DeVeaux 6, emphasis in original; see also Townsend 162). Imagined here is a jazz that is “know”-able only to the extent that it has no definite or determinate meaning. It is music defined solely by its un-define-ability, by its inability to be tied down, contained or fixed in content. This understanding of jazz is undoubtedly linked to its supposed “deliberately improvisatory form” (Levinson and Balkin 1623; see also Hall 1599; Finkelstein 71; Hentoff “Jazz” 95): “Improvisation is always changing and adjusting, never fixed, too elusive for analysis and precise description” (Bailey ix). Any attempt to define or describe jazz improvisation is thus said to constitute “a misrepresentation, for there is something central to the spirit of voluntary improvisation which is opposed to the aims and contradicts the idea of documentation” (ix; see also Nachmanovitch 12). 17

To equate jazz so fully and inevitably with improvisation is not without its problems. Not the least of which is the impoverished view, dominating the West, regarding the techniques of improvisation. To the uninitiated, improvising jazz musicians “seem to be making all of it up as they go along” (Gabbard 315; see also Stewart 96; Demsey 788). This perception is not only decidedly incorrect it has “racist” (Derrida “Play” 332) undertones. Improvisation, in accordance with this understanding, is envisaged as “primitive” (Gilroy 294; Gabbard 300), “instinctive” (Townsend 8), “unconscious” (Finkelstein 17; Gabbard 301); “compensation for a deficiency (the inability to read written music), or […] a freakish kind of gift (the jazz musician as the spontaneous, innocent, ‘natural’ player)” (Townsend 8). Despite the enormous “skill and devotion, preparation, training and commitment” (Bailey xii), which go into jazz improvisation, listeners continue to regard the improviser as an “ego-driven mystic who is unable to describe his or her own creative process” (Lewis “Afterward” 170).

While attentive to this dilemma, it is also the case that certain types of jazz have, in the past, focused largely on improvisation, thereby contributing to this vision of jazz as “largely improvisational in nature” (Hall 1599). Take bebop for example. Developed between 1939 and 1941 in after-hours jam sessions at Monroe’s Uptown House and Minton’s Playhouse in Harlem, bop adopted the improvisational focus of the jam session – “where the paramount concern was unbroken momentum” (DeVeaux 377) – and in so doing “radically revised the prevailing definition of jazz” (202; see also Jones 64). Musicians who gathered in these Harlem venues after an evening of playing in a large orchestral swing band would concentrate on “learn[ing] new techniques” (Belgrad 180) and practicing solo improvisation, a musical process that had little place in swing performances (180). This attentiveness to spontaneous invention greatly contributed to bebop’s standing as “an aggressive, esoteric music, difficult to understand or to play, and deliberately so” (Chevigny 45). Bop was labelled “mad, wild, frantic, crazy” (Hughes 118) and was lauded as “revolutionary” (Chevigny 45; Ross 257; Ellison 201; Green 39): a “music of revolt, revolt against big bands, arrangers, vertical harmonies, soggy rhythms, non-playing orchestra leaders and Tin Pan Alley; against commercialized music in general” (Allsop 33).

Many other factors contributed to bebop’s “wild” and “revolutionary” reputation. Perhaps the most significant was the “black character of the revolution” (DeVeaux 18): “black musicians [such as Charlie Parker, Dizzy Gillespie, Thelonious Monk and Bud Powell, to name a few] dominated bop in a way that they had not dominated other forms of jazz since the early days” (Collier 209). Many argue that bop was developed in order to prevent the parasitic appropriation and exploitation of jazz by white musicians, musicians who had, in the past, “stole” swing (and ragtime) and who were then offered all the best recording contracts and live performances (Allsop 33; Green 39; Hentoff “Race Prejudice” 73; Ellison 212; Hore). It has also been suggested that bop began as “a militant demonstration against ‘Uncle Tomism’” 18 (Allsop 33; see also Beyer 542) and was a “political” attempt to turn jazz into an art music (Green 39), to make it “a music meant for listening and not for dancing” (Belgrad 187).

No matter what the reason for bop’s emergence, in their refusal to cultivate a stage persona or to entertain (white) audiences, bebop musicians were met with much racial antagonism. As one observer remarked, having seen the Parker-Gillespie quintet perform:

That [bebop] sounded arrogant, uppity. […] [When I] saw Bird’s combo, what struck me even more than the music was the attitude coming off the bandstand – self-confident, aggressive. It was something I’d never seen from black musicians before. (qtd. in DeVeaux 435, emphasis in original)

Bebop was accordingly positioned in violation of not only the laws of melodious musicality, but also the rule of law in Western society. It was constituted either as “arrant foolishness, a farrago of nonsense syllables and noisy, incomprehensible music” (440) or as “an underground of drug users, antisocial deviants, and racial militants” (440; see also Allsop 34). “Both impressions,” notes DeVeaux, “were informed by racially grounded stereotypes” (440).

Another influential factor in the construction of bebop as “wild” and transgressive was its connection to the after-hours jam session, that seemingly lawless space, which brought bebop into being and gave it its improvisational focus. As a product of the jam session, bop was considered as “structure-less or chaotic” (Alterhaug 103) as the sessions themselves. The dominant perception of the jam session as eschewing all law is influenced to a large degree by the fact that it offers “few clues to the uncontexted outsider” (DeVeaux 203) regarding its nature and structure. No written music is evident and there is “certainly no rehearsal” (203). No stable or definitive “house band” exists and musicians “come and go as they please, even during the middle of the number” (203). The performances are without “frame” (203) and there are “no spoken introductions or attention-getting silences” (203): “Hardly a word is exchanged beyond a few cryptic phrases – ‘blues in B-flat,’ ‘rhythm changes,’ a quick countdown to set the tempo – and they are off, into a performance that may last anywhere from a few minutes to an hour” (203). All the musicians in the jam session seem to “know what to do without being told” (203) and “[t]he listener is left face to face with the mystery of improvisation – an alchemy that creates music out of nothingness” (203, emphasis added).

It is the “mystery of improvisation” (203), which best lends itself to the transgressive positioning of jazz within Western society. As unique and “unforeseen” 19 (Lewis “Improvised” 145), jazz improvisation is meant to eschew all law, convention, structure or form. It is constituted as “pure spontaneity” (148) to the exclusion of “history or memory” (147; see also Panish 120). Many musicologists and musicians criticize this understanding of improvisation. Wynton Marsalis, for instance, is quoted as saying: “Jazz is not just, ‘Well, man, this is what I feel like playing.’ It’s a very structured thing that comes down from a tradition and requires a lot of thought and study” (qtd. in Berliner 63). 20 Improvisation is thus not simply “a process of creation that emphasizes freedom and spontaneity” (Panish 123). To improvise well requires an attention to “discipline” (Lewis “Improvised” 153), “technical knowledge” (153), as well as “background, history, and culture” (153).

A tension consequently exists between the “spontaneous” conception of jazz improvisation and the more context-driven model. This tension is intrinsic to jazz improvisation itself. Improvisation can be neither purely spontaneous nor completely determined by the musical structures with which it engages. It must be both responsive to otherness and have some stable or determined dimension in order to endure as jazz improvisation. Thus, quoting saxophonist Steve Lacy, improvisation sits “on the edge – in between the known and the unknown and you have to keep pushing it towards the unknown otherwise it and you die” (Bailey 54).

Western democratic law holds similar contradictions. The dominant, or what George Lewis calls the “Eurological” 21 (Lewis “Improvised” 133), view of improvisation positions it as utterly spontaneous in opposition to a stable and determinate set of laws and practices governing Western music. The same dichotomy underlies the conception of Western law. Following Hobbes (1651), Rousseau (1762) and, somewhat later, Freud (1913), the tale of law’s founding is almost always told in relation to a violent uncertainty or “state of nature” from which “we” allegedly escaped (Manderson “From Hunger to Love” 88). Unpredictability is thence constituted as something external to Western law, as that which must be reined in or controlled. Far from being improvised or unforeseen, law is said to furnish “us moderns” (Fitzpatrick “Access” 8) with “a haven of certainty in an uncertain world” (8). Asserted again and again is the idea that law “provided and provides an imperative certainty and predictability” (8), especially in relation to “transitions to modernity, and in the sustaining of modern economic relations in particular” (8). What is more, it is these “pre-announced rules that are clear and intelligible in themselves” (MacCormick 12), which “we most often expect from the law” (Deutscher 97).

The rule of law in Western society thereby demands that any inventive or unpredictable qualities be strictly managed or denied. As the argument goes, if law could simply be invented in “each act of decision” (Fitzpatrick Modernism 87), it would hold “no set and enduring truth” (87). Any invention of law by judges or others must be determinately contained or restricted through, inter alia, the device of legal precedent or stare decisis. 22 Precedent, in its reliance on past legal decisions, assures that “like cases will be treated alike, and that similarly situated individuals are subject to the same legal consequences” ( Rehnquist 347). As a guard against the “arbitrary and capricious” (Nitta 798), precedent “provides certainty in the law” (797) and “allows citizens to arrange and conduct their affairs with stability and predictability” (798).

This seemingly straightforward account of precedent nonetheless belies the rather complex relationship of law to invention. For every lawyer or legal theorist who condemns judge-made law or judicial activism (Bork), there are others, such as legal realists (Frank) or critical legal theorists (see, for example, Bucholtz; Margulies; and Silbey and Ewick), who applaud any inventive techniques in law. This lack of consensus as to the role invention plays actually flows from the very nature of the legal decision. Every judicial act is, in “a trivial sense” (Dworkin 6), a species of invention. As no two actions can be exactly the same, judges “make new law” (qtd. 6) every time they are asked to decide a case. Law can thus neither dispense with, nor be completely determined by, the device of precedent (Deutscher 98). The legal decision instead lies on the “horizon” (Fitzpatrick “Breaking the Unity” 58), the border between “what it is” (Fitzpatrick Modernism 89) and what it otherwise could be (89). While bebop jazz, for example, must mask its structured elements 23 in order to continue as a revolutionary and creative art form, the inverse is true for law: the inventive dimension of law must be subordinated to tradition and precedent in order to endure as authoritative and commanding in Western society. The “most popular opinion” (Dworkin 8) thereby remains that judges should simply find or discover the law that “already is” (6) and those who invent or “make new law” (qtd. 6) are viewed to be “bad judges, the usurpers, destroyers of democracy” (8; see also Cohen 25).
Derrida and Music

The conceptualisation offered above envisages an improvisation that is venerated in jazz, an invention degraded in law, but neither being able to subsist solely “as such” in either field. An irresolution thus exists as to the role of improvisation and invention in law and jazz, one that is simply confirmed by the dissident voices rising up from both disciplines. In order to fully understand this irresolution, Derrida’s work on law and invention becomes most instructive. As a prerequisite to this discussion, though, I must engage briefly with the question of whether Derrida’s thoughts can in fact be applied to the musical genre of jazz. The philosopher himself is of little assistance here for, despite being an avid jazz fan (O’Reilly; Stein), nowhere in his discussions on invention does Derrida mention jazz or jazz improvisation (or any form of musical invention to be exact). 24 This omission does not necessarily negate the possibility of deconstructing music. In fact, Derrida himself reportedly endorsed the attempt, remarking to Rose Subotnik that he “would be interested to see what resulted” (Subotnik 39) from her deconstruction of a Chopin prelude (39-147). Notwithstanding this endorsement, however, a brief exploration into whether one can apply a deconstructive framework to the topic of jazz improvisation needs to be undertaken.

For this inquiry, we return to Paris. This time the exact date is unknown. 25 Pop star, Green Gartside, lead singer and composer for the pop band, Scritti Politti, has just been invited to meet with the philosopher after writing a song entitled “Jacques Derrida” (Rough Trade Records 1982), which Derrida’s students played for him (O’Reilly). When Gartside was asked years later what he and Derrida spoke about at that meeting, he answered with the following:

Oh, music! […] As I remember, he likes jazz, which was pretty neat ‘cause I had it in me to ask him some things. Half-jokingly, I said, “Well, isn’t it true that jazz is valued for its spontaneity and improvisation, the idea that it represents the moment of self-present expression and meaning? But isn’t that all somewhat suspect?” (qtd. in Chang)

Derrida’s reply to this query remains undocumented. However, Gartside plays an important role in this discussion for, despite being well-versed in deconstructive theory, he remains convinced that there is something unique to music, which positions it “outside the limits of language and logocentrism” (qtd. in Hoskyns). Its “meaning or its sense,” in other words, is not “determined by language” and cannot be found “innately residing within four beats to the bar” (qtd. in Hoskyns).

Gartside is nevertheless not blind to the metaphysical limits of music: “no one musical phenomenon is ever going to transcend beat or repetition, nor is it ever going to transcend the history of criticism and the industry” (qtd. in Hoskyns). Despite this admission, however, he does believe that “[i]t is possible, but again only in a metaphysical way, to think and talk about music as something that undoes” (qtd. in Toop, emphasis in original). Quoting Gartside:

When I met Derrida he said that what I was doing was part of the same project of undoing and unsettling that he’s engaged in. He’s written that what sets the musician apart is the possibility of meaninglessness. That unsettling has always been my experience of pop, from the earliest moments – pop is the abuse of language. (qtd. in Reynolds)

Musicologist Marcel Cobussen disagrees with Gartside’s assertion that music is meaningless: “Of course (pop) music has meaning; it has political, economic, social, cultural and psychological meaning (and I am not only referring to its lyrics here). In this sense, we can approach music through language, through all kinds of discourses on music” (Cobussen “Scritti Politti” para. 5). However, he admits that Gartside “points to something, a non-localizable place, where music transgresses the power of language” (para. 5). Cobussen writes:

We cannot understand music the same way we understand language. Music is a language, music is text, but it is not the same as a spoken or written language. Because something in music always escapes comprehension, understanding. Language fails to make music completely transparent. Music appeals to something that exceeds the semantic part of language; it appeals to non-discursive sonority. (Para. 5)

Unfortunately, we are unable to look to Derrida for answers to this dilemma. As noted above, he never really engaged with the topic of music in his work. 26 When asked by Gartside why he never wrote a book expressly on the subject, Derrida replied that to do so was “the most difficult thing” (qtd. in O’Reilly). Instead, his “loftiest aim” was to give his texts “the condition of musicality” (qtd. in O’Reilly; see also Roberts). In one interview he is quoted as saying: “music is the object of my strongest desire, and yet at the same time it remains completely forbidden. I don’t have the competence. […] I am even more afraid of speaking nonsense in this area than in any other” (Brunette and Wills 21).

Derrida’s refusal to write on the topic of music cannot be relied upon as evidence of its inability to signify. However, his silence on the subject has led some theorists to argue that he simply “stays closely connected to the philosophers he criticizes” (Cobussen “Derrida’s Ear” para. 4) and that “[h]is deconstructive practices do not reach the sonorous domain, the domain of music” (para. 4). Musicologists such as Cobussen, however, defend the deconstruct-ability of music and argue that Derrida touches on the idea of sonority in his treatment of “words,” which he likens to “non-discursive sonority” (Cobussen “Justification” para. 6). As Derrida asserts in an interview with Brunette and Wills:

And if I love words it is also because of their ability to escape their proper form, whether they interest me as visible things, letters representing the spatial visibility of the word, or as something musical or audible. That is to say, I am also interested in words, paradoxically, to the extent that they are nondiscursive, for that’s how they can be used to explode discourse. (Brunette and Wills 20)

Although Derrida does not go so far as to call this non-discursive sonority music(al), according to Cobussen, his treatment of “words” in this manner “opens a way to connect Derrida’s thoughts to music” (Cobussen “Justification” para. 6).

This is a debate to which I, a lawyer, have nothing personally to add. 27 Instead, I defer to Cobussen and insist on the possibility of a Derridean critique of jazz improvisation. My deference may irritate some musicologists. Ingrid Monson, for instance, has held that deconstruction “may make sense in the context of debates in Western philosophy” (Monson 209), but “it has done considerable damage to understanding the ways in which music as a sonic phenomenon and human agency participate in the construction of social and cultural meaning” (209). While ever mindful of the limitations of deconstructive theory, especially in relation to the Western metaphysical tradition within which it operates, I find myself unconvinced by her argument. Deconstruction is found wanting by Monson in that it “values writing over speech and grounds the decentering of the subject” (209). What her interpretation ignores, however, is that, for Derrida, no concept can ever be so fully secured with determinate meaning such that it could become so privileged. Moreover, while Derrida may have “no interest in defining subjectivity” (Morgan), he does not “want merely to get rid of the subject in a nihilistic fashion” (Morgan). Thus, not having been persuaded to the contrary, I align myself with those who regard the application of Derrida’s thought to music as a viable and promising endeavour (see, for example, Subotnik) and I proceed to critique, deconstructively, the established conception of improvisation as “the essence of” (Collier 25) jazz and the nemesis of law. 28
The “Mystical Foundation” of Jazz Improvisation 29

"When you’re just learning jazz, everything is mystical."
Wynton Marsalis (qtd. in Berliner 2)

Unpacking the “mystical” founding of improvisation requires, perhaps surprisingly, an initial attentiveness to Derrida’s work on law and justice. Of particular relevance is the consideration given in both “Before the Law” and “Force of Law” to the “difficult and unstable distinction between justice and law” (Derrida “Force” 250), which can be likened to the “problematic relation between the singular and the general” (Attridge “Before the Law” 181; see also Derrida “Before the Law” 187) or the “antinomy between the general and the particular” (Belay 125). In a move that mirrors their dominant conceptualization in Western society, Derrida positions justice as singularity in opposition to a more generalized law. For Derrida, “justice” – “infinite, incalculable, rebellious to rule and foreign to symmetry, heterogeneous and heterotropic” (Derrida “Force” 250) – “always addresses itself to singularity, to the singularity of the other, despite or even because it pretends to universality” (248). Phrased slightly differently, as “[e]ach case is other, each decision is different” (251), justice “requires an absolutely unique interpretation, which no existing, coded rule can or ought to guarantee absolutely” (251). Law, in contrast, is described as “a system of regulated and coded prescriptions” (250, emphasis added). It is constituted solely in terms of its “generality” (245) and “universality” (245), as that which always follows pre-existent and “given” (253) rules. For Derrida, the issue then becomes how to reconcile the “event” or “act of justice” (245) with the rules, norms or imperatives that “necessarily have a general form, even if this generality prescribes a singular application in each case” (245).

Upon setting up the dichotomy between law and justice, Derrida proceeds to dismantle it: “Everything would still be simple if this distinction between justice and law were a true distinction” (“Force” 250). He makes evident that not only does law claim to “exercise itself in the name of justice” (251), but “justice demands for itself that it be established in the name of a law” (251). Justice, as “unlimited responsiveness to the other” (Fitzpatrick “Access” 4), exists solely as “an experience of the impossible” (Derrida “Force” 244). It can only be made “possible, in the sense of becoming existent, and given operative force” (Fitzpatrick “Access” 4) through law. The aporia of justice “demands decision” (Beardsworth 5). Each judicial act of deciding thereby “cuts into and enacts justice, even whilst denying justice as illimitably responsive” (Fitzpatrick “Access” 4; see also Fitzpatrick “Dominions” 144). Justice, in other words, is “dependent on the determinate presence effected by the legal decision” (Fitzpatrick “Access” 4). As Derrida explains: “No justice is exercised, no justice is rendered, no justice becomes effective nor does it determine itself in the form of law, without a decision that cuts and divides” (Derrida “Force” 252).

Not only is law “necessary for justice” (Fitzpatrick “Access” 4), so too is justice, as the “undecideable” (Derrida “Force” 253), “necessary for law” (Fitzpatrick “Access” 4): “The undecideable remains caught, lodged, as a ghost at least, but an essential ghost, in every decision, in every event of decision” (Derrida “Force” 253, emphasis added). Peter Fitzpatrick 30 explains. Law, he writes, “cannot be […] enduringly ordered and predictable” (Fitzpatrick “Access” 8). If it were, “there could be no call for decision, for determination, for law” (9). Instead, for law to endure, it requires a simultaneous “responsiveness” (9), an “attunement and attentiveness to what is beyond” (9). Law, argues Fitzpatrick, must be able to “change and adapt to such other things as ‘society,’ or ‘history’” (9; see also Fitzpatrick “In the End” 464). And this responsiveness to the other of law is “essential for law” (Fitzpatrick “Access” 9, emphasis added).

A similar irresolution exists in relation to invention. In “Psyche: Inventions of the Other,” Derrida critiques the “traditional and dominant value of invention” (44), which must, “by definition” (Derrida “Psyche” 41), “break with convention” (41); it must “overflow, overlook, transgress, negate” (41) that from which it comes. So too must it “transgress” (41) or break with law. As Derrida writes: “every invention should make fun of the statutory” (45) and every invention “always presupposes some illegality, the breaking of an implicit contract” (25). However, “true” invention, or what Derrida calls the “invention of the other” (55), is impossible because there can be no invention “without a prevailing statutory context” (45). Stated differently, invention exists solely on the condition that it transgresses the “status” (41) with which it is supposed to comply. This “status,” like law, is constituted as “stable, established, and legitimated by a social or symbolic order in an institutionalizable code, discourse, or text” (45).

Returning to the “problematic between the singular and the general” (Attridge “Before the Law” 181), the singular “event” of invention demands its simultaneous capture within a “system” of conventions that will ensure its position more generally in culture and society ( Derrida “Psyche” 28). Thus, whilst the event of invention “can take place only once” (51), invention more generally must be “essentially repeatable, transmissible, and transposable” (51); “to take place as an event, it must already compromise its singularity with the conditions of recognisability that take the form of structures of repeatability or iterability” (Bennington “Double Tounging,” emphasis in original). It is therefore a paradox or aporia that “invention is constituted by its originality […] and yet wholly dependent on recognition and legitimation (and therefore subject to codes and laws)” (Attridge “Psyche” 310). It remains forever captured within the “order of the calculable” (Derrida “Psyche” 55), the “order of the same” (55), which is, for Derrida, the order of law (Derrida “Force” 244). To be otherwise would make its recognition as invention impossible.

Invention thus needs to be with law in order to be inventive. Its originality can only be “display[ed]” (Derrida “Psyche” 27), can only be brought into presence or made present, through law, through the “values of form and composition” (27); and law is “necessary not only for it to be recognized, identified, legitimized, institutionalized as invention (to be patented, we might say), but for invention even to occur, or, let us say, for it to come about” (44, emphasis in original).

Just as invention needs law, so too does law need invention in order to remain properly commanding in Western society. As revealed by Derrida in “Force of Law”:

To be just, the decision of the judge, for example, must not only follow a rule of law or a general law [loi] but must also assume it, approve it, confirm its value, by a reinstituting act of interpretation, as if, at the limit, the law [loi] did not exist previously – as if the judge himself invented it in each case. Each exercise of justice as law can be just only if it is a “fresh judgment”. (Derrida “Force” 251, emphasis added)

The impossible but “utter responsiveness” (Fitzpatrick “Law Like Poetry” 287) of invention consequently becomes the “undecideable” (Derrida “Force” 253), which haunts the legal decision and ensures that law never becomes completely or “perfectly stilled” (Fitzpatrick “Access” 9; Fitzpatrick “Breaking the Unity” 58). In its concern for the other, invention effectively sustains the need for decision, sustains the need for law (Fitzpatrick “Access” 9; Fitzpatrick “Breaking the Unity” 58).

The “undecideable relation between the general and the singular” (Beardsworth 25), “between universality and singularity” (25), subsequently demands that law and invention exist solely as “aporia” (Derrida “Force” 244). The aporetic nature of invention, for instance, rests on the fact that “true” invention would “appear” only “in terms of an entirely open responsiveness to the other” (Fitzpatrick “Access” 3), which would of course be impossible. To exist in such singularity (Derrida “Force” 248) would mean that it would have to stand “opposite the universal [law] in its completeness” (Fitzpatrick Modernism 63). If this were so we would “be deprived of all relation with it” (Nancy 60) and could not know it as invention. Equally, if law’s content was completely non-inventive or “perfectly stilled” (Fitzpatrick “Access” 9) “it would cease to rule the situation that would inexorably change around it” (9). Law can thus not be “merely or fixedly determinant” (Fitzpatrick Modernism 6); it must instead remain “responsive to historical change, or to the needs of the nation, or to the development of society” (Fitzpatrick “No Higher Duty” 236). In stark contrast to its purported fixity and stability, law “will have accommodated changing facts, all coming from beyond it” (236).

In their deconstruction of “absolute singularity” (Derrida Deconstruction Engaged 90), Derrida’s writings on law and invention become extremely relevant to this study of improvisation – for it is the “ideal of singularity” (Maras), which most often activates notions of improvisation in Western society. A deconstructive reading of jazz improvisation thus exposes the “social repressiveness of the traditional concept” (Attridge “Psyche” 310) and reads improvisation likewise as aporia. To help explain: the singularity of the improvised act must be an “inaugural event” (Derrida “Psyche” 28), a “first time ever” (qtd. 28). Yet, this “first time,” in order to be a completely original and “unique moment” (29), must also be a “last time” (29; see also Derrida “Shibboleth” 2). It must be singular, complete and containable. To be so “totally present” (Birmingham 131), however, would make it “not the same” (Fitzpatrick Modernism 43) and “completely different to us” (43). If this were the case “there would be no possibility of adequate relation to it in order for us to know it” (43). The “singularity” of improvisation must thus be understood as “original repetition” (Birmingham 131), as “iterability” (Derrida “Psyche” 51), in which the “instituting act” (Birmingham 131) only gains meaning through “the repetition of an origin with which it cannot coincide, since it is of the very essence of the origin to be pure anteriority” (131). The “singular, creative event” (131) is accordingly “marked by the lack of self-presence” (131) and it is this “repetition” (Derrida “Psyche” 51), as the “law of the singular event” (Derrida “Last Interview” 8), which makes the originality of improvisation possible in the first place (Birmingham 131).

Law and jazz thus coalesce in the irresolution of the improvised act. The “aporetic relation between (the failure of) generality and (the failure of) singularity” (Beardsworth 43), “between the law and the singular” (41), requires “some subsisting relation and thence some commonality” (Fitzpatrick Modernism 59) between the responsiveness that is privileged in jazz and the determinacy deemed essential to law. Law cannot subsist without jazz’s responsive “opening onto all that lies beyond” (59) just as jazz requires “some” determinacy in order to endure as a “contained, distinct being” (59), to endure as jazz. It is therefore “the necessity yet impossibility” (Fitzpatrick “Cause of Law” 464) of both pure determinacy (law) and pure responsiveness (jazz), which “iteratively impel[s]” (464) both law and jazz “into existence” (464). The “originary repetition” (Beardsworth 32) of improvisation becomes its law (32, 35) and without such improvisation could not exist.
The Necessity of Improvisation’s Impossibility 31

Revisiting the Coleman-Derrida collaborative engagement, if jazz music, even that as “radically improvisational” (Soules 270) as Ornette Coleman’s, can never be truly inventive or properly escape the “clammy grasp of law” (Haldar 7), what so moved Derrida to join Coleman on stage at the 1997 Paris Jazz Festival? Expressed more generally, “why, exactly, does improvisation matter” (Heble “Editorial” 1) to deconstruction and, by extension, to law and jazz? The answer to all these queries lies, I believe, in différance, 32 in the “formal play of differences” (Derrida Positions 26), “of traces” (26), which “forbid at any moment, or in any sense, that a simple element be present in and of itself, referring only to itself” (26, emphasis in original). Improvisation “of some inaugurality” (Derrida Monolingualism 66) may be “the impossible itself” (66), but the différance of improvisation ensures that its impossibility is “not the opposite of the possible” (Beardsworth 26, emphasis in original). Instead, it “supports” (Derrida Paper Machine 91) and “releases the possible” (Beardsworth 26, emphasis in original).

It follows then that Derrida is “not against the impossible” (Caputo 20), not against improvisation. Quite the opposite. As he stated in one interview: “I believe in improvisation and I fight for improvisation. But always with the belief that it’s impossible” (Derrida “Unpublished Interview”). Improvisation, as Derrida posits in relation to deconstruction, “loses nothing from admitting that it is impossible” (Derrida “Psyche” 36). It is instead “possibility” which hinders and constrains – for possibility contains “the danger of becoming an available set of rule-governed procedures, methods, accessible approaches” (36). It contains the danger, if you will, of becoming fully determined law. It is thus the impossibility of improvisation (Derrida Monolingualism 66), which gives it “hope and possibility” (Fischlin and Heble 11). For if improvisation were truly possible, in the sense of being wholly improvised or original, there would be no call for spontaneous invention or, by analogy, for jazz. It is therefore “the attempt at such an improvisation, necessarily failing,” (Bennington “Double Tounging”), which “leaves a trace or a mark that can be seen as a promise of such an inaugurality” (Bennington “Double Tounging”, emphasis in original). In its failure, improvisation survives. “Affirmez la survie”. 33

Improvisation thus matters to Derrida because “[d]econstruction is inventive or it is nothing at all” (Derrida “Psyche” 42); and it is “not just inventive, it is called by the other” (Bernasconi 118). The “‘inventive’ side to Derrida’s philosophy” (Beardsworth xiv) thereby aims to “reinvent invention” (Derrida “Psyche” 44) in order to “make a space for an inventiveness open to the wholly other” (Attridge “Psyche” 310). This openness of improvisation towards the other, “towards the unknown” (Bailey 54), not only sustains jazz as a creative art form, it also nurtures the possibility of “improvised musicking” 34 (Fischlin and Heble “Other Side” 26; see also Fischlin 10) as that which links jazz to ethics (Heble Landing 200), resistance (Siddall 10; Fischlin and Heble “Other Side” 2, 4; Fischlin and Heble Rebel Musics) and democracy (Beyer 552).

Similarly, the responsively open dimension of improvisation matters to Western law for, without such, “we might not associate a legal decision with justice, even if it were fully in conformity with the law” (Deutscher 98). The openness, which accompanies any invention in law, “protects the possibility of radical transformation within an existing legal system” (Cornell 167) and enables us to “resist or rise up against an iniquitous law” (Bennington “Derridabase” 194). It ensures, in other words, that “law cannot inevitably shut out its challengers and prevent transformation” (Cornell 165, emphasis in original). As Bennington writes: “In this opening of the other (toward the other, called by the other), without which the same would not be, there is a chance of something happening” (Bennington “Derridabase” 14-15, emphasis added). This openness to the other thus becomes an “openness to transformation” (Cornell 166) within law, within society.

Such is the promise of the “law of the singular event”: “endless revolution” (Derrida “Last Interview” 8) and hope of reform, “otherwise determined” (8).
Acknowledgements

This article owes much to the support, guidance and intellectual inspiration of Professor Peter Fitzpatrick. Deep appreciation must also be conveyed to Bhaljit Dhadda, Andrew Laking, George Laking, Sundhya Pahuja and my colleagues at the Birkbeck School of Law Postgraduate Student Conference 2005, all of whom were invaluable in their feedback and encouragement. Lastly, this work would not have been possible without the stimulating comments and direction offered by the anonymous reviewers and the editors of this journal.
Notes

1 This title gestures towards Henry Louis Gates’ concept of “Signifyin(g)” as a model of improvisation that is “‘nothing more’ than repetition and revision” (Gates 63-64). Placing Gates and Derrida in close proximity is purposeful and hints at potential parallels between Gates’ theory and Derrida’s understanding of improvisation as “iterability” (Derrida “Psyche” 51), as the “invention of a law of the singular event” (Derrida “Last Interview” 8). This “law of the singular event” arises out of Derrida’s last interview (Le Monde, 19 August 2004) in which he is quoted as saying: “If I had invented a writing it would have been as an endless revolution. Each situation demands the creation of a suitable mode of exposition, the invention of a law of the singular event…” (8, emphasis added) [“Si j’avais inventé mon écriture, je l’aurais fait comme une révolution interminable. Dans chaque situation, il faut créer un mode d’exposition approprié, inventer la loi de l’événement singulier…” (21)].

2 As a young man, Coleman was distressed about having to make his living playing in gaming houses and brothels (Nettelbeck 199). He told his mother that he no longer wanted to play jazz music as it was “adding to all that suffering” (Murphy 323). His mother’s response – “you want somebody to pay you for your soul?” (qtd. 323) – liberated him from the “world of commerce and corruption” (Nettelbeck 199) and led him to “make music with and for his soul” (199). This anecdote, recounted by Coleman before the concert (see Murphy), inspired Derrida to recite the following onstage:

Soul and the music of the soul, what is it? What does it mean? How do we recognise it, soul? Beyond all the psycho-theologico-spiritualist discourse? By the fact that it can’t be sold or turned into capital pre-emptively; it’s the failure of capital, it’s the ultimate revolution, it’s unsellable from birth, when it happens, when it’s created, and when it’s not calculated, and when it suddenly shifts its ground in a blast of saxotelephone of which neither the eye nor the ear had warning, even though so much work, as with Coleman, had gone into writing […]. (qtd. in Nettelbeck 200; for the full text, see Derrida “Play”)

3 Bruce King admits to being “a member of that audience booing Derrida to shut up” (King). He defends his actions by stating: “Derrida was not listed on the programme, he was not announced, and I paid my money to hear Coleman” (King).

4 Derrida recalls: “His [Coleman’s] fans were so unhappy they started booing. It was a very unhappy event. It was a very painful experience” (qtd. in Stein).

5 Harmolodics: “Harmony, Motion and Melody” (Lake). According to Steve Lake, writer for Wire magazine:

[…] harmolodics in practice means this: You solo all the time and you stay out of the other guy’s way. The source for this improvisation is of Ornette’s notating but the charts are only there as raw source material. You don’t necessarily play the note that’s written on your sheet music, Dewey Redman once said, you just have to hold in your mind the way in which Ornette might play it.

Once the head of the melody is negotiated, and that too may be placed quite approximately, the musician is free to play on any of the melody’s centres. A certain note sequence might set up its own momentum when explored more thoroughly. Or, more vaguely still, the player might choose to focus on what he considers the feeling of the melody. (Lake, emphasis in original)

6 For a critique of this division, see Chapter 3 of Derrida’s Of Grammatology.

7 The rigid dichotomy constructed as between Derrida and Coleman, while productive for this enquiry, is actually somewhat misleading. It is not Coleman, but those “on the outside” (Murphy 320), who view free jazz as music without law. In an interview with Derrida on 23 June 1997, Coleman explains:

[…] like when I was doing free jazz, most people thought that I just picked up my saxophone and played whatever was going through my head, without following any rule, but that wasn’t true.

[…]

What’s really shocking in improvised music is that despite its name, most musicians use a “framework [trame]” as a basis for improvising. […] it’s totally improvised, but at the same time it follows the laws and rules of European structure. And yet, when you hear it, it has a completely improvised feel [air]. (Murphy 320-21)

8 L’Amour Fou – “mad love” – is Haldar’s subject. This doctrine, which found its form in the 20th century surrealist technique of “automatic writing,” “forces us to think of a moment of pure passion as a literary experience that properly escapes the clammy grasp of law” (Haldar 7). Haldar questions whether we can actually say that automatic writing “brings down the law?” (5). His answer? “Clearly not. Indeed automatic writing fully expresses Bataille’s idea of an Icarus complex. That is, what looks like mad love, is nothing more than the law of law; it is nothing more than the repetition of man’s vertical aspirations” (5).

9 See, for example, “Before the Law” (1992) and “Force of Law: The ‘Mystical Foundation of Authority’” (2002). For the purposes of this article, all references to “Force of Law” will be from the Acts of Religion (2002) version, which revised the 1989 translation in order to “include the changes made in the latest French edition of the text, published in 1994” (Anidjar 229).

10 See Derrida “Psyche”.

11 According to The Oxford English Reference Dictionary (OERD), to “improvise” is to “compose or perform (music, verse, etc.) extempore” (OERD 710, emphasis added).

12 Invention is defined as the “creation of something which did not exist before” (Black 824).

13 The caution is now customary when positing a methodological orientation that is deconstructive in nature. Not only was Derrida extremely suspicious of the title “deconstruction” (Critchley 27), to call it a “framework”, “method”, “theory” or even a “reading” shamefully belittles the complexities of deconstructive thought (Beardsworth xv). Borrowing from Jacqueline Rose: “it would be a grave error to describe [deconstruction] as system or school of thought because it has seized schools and systems by their very nerve endings, leaving nothing as it was before” (Cixous and Derrida “The Language of Others” 1). One may be obliged to employ such words when describing deconstruction, but the spectre of this warning necessarily haunts each use.

14 The “jazz form” references an improvisation that is not “structure-less or chaotic” (Alterhaug 103), but instead requires some sort of framework or pre-determined form or structure (Murphy 321).

15 Cobusen explains the importance of the “other” to deconstructive theory:

Especially in his later works, Derrida often speaks of “l’invention de l’autre,” where “l’autre” (“the other”) may be regarded as that which remains unthought, that which escapes the grip of our concepts. The other is whatever resists, escapes definition whenever definition is put in place. Recognition of the other opens the ethical dimension of deconstruction which consists in opening, uncloseting, destabilizing foreclusionary structures so as to allow passage toward the other. No culturally based directive, but the other appealing to me very concretely. No laws of tolerance, hospitality or acceptance but my singular relationship to a singular other. Deconstruction can be thought of as a reading and writing strategy that takes notice of traces of the other, of the unthought, the invisible, the unheard without absorbing, assimilating or reducing it to the same (to the cognitive power of the knowing subject or self-consciousness). (Cobusen “Music, Deconstruction, and Ethics” para. 3)

16 Variations on this response have also been attributed to “Fats” Waller and Duke Ellington (Townsend 162).

17 Michael Jarret makes a similar argument:

The entire history of jazz can be heard as one colossal improvisation defining what improvisation can be: jazz is one answer to the question, What is improvisation? Getting this definition into words, however, or between the covers of a book requires either trickery or violence. When we write about improvisation, what are we really writing about? (Jarrett 321)

18 The “Uncle Tom” caricature, derived from the main character in Harriet Beecher Stowes’ novel Uncle Tom’s Cabin (1852), has become a “slur used to disparage a Black person who is humiliatingly subservient or deferential to White people” (Pilgrim).

19 The word “improvisation” is derived from the Latin improvisus, which “refers to the ‘unforeseen’ or that which occurs ‘on the spur of the moment’” (Alterhaug 98).

20 This sentiment is backed by musician Andrew Laking:

One question I thought of is: why are so many listeners being fooled? Probably because they don’t understand the music well enough (and who could blame them). Perhaps also because most people seem to think that jazz musicians are naturally talented, but certainly not hard working; it’s something you do for fun. This belief would make it hard for people to realise that it’s less about spontaneous creation and improvisation, but more about hard work and long term commitment. (Personal Communication, 20 June 2005)

21 Lewis adopts the terms “Eurological” and “Afrological” in order to “refer metaphorically to musical belief systems and behavior that […] exemplify particular kinds of musical ‘logic’” (Lewis “Improvised” 133). The “Eurological” view sees improvisation as “pure spontaneity” (148) unmediated by “history or memory” (147). This is compared to the “Afrological” approach, which emphasizes “personality” (156), “discipline” (153), “technical knowledge of music theory and of one’s instrument” (153) and a “thorough attention to the background, history, and culture of one’s music” (153).

22 Precedent, defined as an “adjudged case or decision of a court, considered as furnishing an example or authority for an identical or similar case afterwards arising from a similar question of law” (Black 1176), is by no means the only device utilised by law in order to control invention. However, it will be the sole focus here.

23 One way the “accomplished improviser” (Gabbard 315) can disguise the “jazz form” (Finkelstein 71) is by “learn[ing] the codes that connote freshness, looseness, and a feeling of spontaneity” (Gabbard 315, emphasis added). Such learned procedures can “create a pattern so complex that we get an illusion of randomness” (Nachmanovitch 27).

24 Derrida restricts his discussion of invention in “Psyche” to what he views as the “only two major types of authorized examples for invention” (Derrida “Psyche” 32, emphasis in original): invention of “stories (fictional or fabulous)” (32, emphasis in original) and invention of “machines, technical devices or mechanisms, in the broadest sense of the word” (32, emphasis in original).

25 The best estimate I can give is sometime between 1982, the year Scritti Politti released the song “Jacques Derrida,” and early 1988 when Gartside mentions in a 5 March 1988 interview in Melody Maker that he had “met Derrida” (Reynolds). No mention is made of this meeting in any interviews I have read prior to this date.

26 Writes Cobussen: “In spite of the fact that Derrida’s deconstruction of a text by Rousseau (in Of Grammatology) deals with the hierarchical relation between melody and harmony, this can by no means be called a musical deconstruction or a deconstruction in music” (Cobussen “Justification” para. 5).

27 For a view, which opposes Cobussen, see Jacques Attali’s Noise:

To my mind, the origin of music should not be sought in linguistic communication. Of course, the drum and song have long been carriers of linguistic meaning. But there is no convincing theory of music as language. The attempts that have been made in that direction are no more than camouflages for the lamest kind of naturalism or the most mundane kind of pedantry. The musical message has no meaning, even if one artificially assigns a (necessarily rudimentary) signification to certain sounds, a move that is almost always associated with a hierarchical discourse. (Attali 25)

28 For two engaging and insightful critiques of the opposition of law to music more generally, see Desmond Manderson’s Songs Without Music: Aesthetic Dimensions of Law and Justice (2000) and Peter Goodrich’s “Operatic Hermeneutics: Harmony, Euphantasy, and Law in Rossini’s Semiramis” (1999).

29 Here I am borrowing from the title of Derrida’s pioneering article, “Force of Law: The ‘Mystical Foundation of Authority’,” which will be discussed in detail in this section.

30 Fitzpatrick adeptly captures the aporetic nature of Western law through his unpacking of the relation between the “responsive” and “determinate” dimensions of law in modernity. For quite a comprehensive and accessible summary of Fitzpatrick’s philosophy, see his interview with Jill Stauffer in The Believer (Fitzpatrick “In God We Trust”).

31 This is taken from Derrida’s essay “As If It Were Possible, ‘Within Such Limits’” in which he discusses the “Necessity of Impossibility” (Paper Machine 87).

32 Derrida takes a certain “revenge” (Bennington “Derridabase” 71) on speech through his “invention” (71) of the “witticism” (70, 71) différance, which inserts an “a” in place of the “e” in order to capture the “dual movement” (Smith 44) of difference and deferral (Attridge and Baldwin). Vengeance is unleashed in the fact that the difference between the two words is “only marked in writing” (Bennington “Derridabase” 70-71) (both différance and différence are pronounced the same way in French), obliging speech “to take its own written trace as its reference” (71) if it wants to “say this difference” (71, emphasis added).

33 This imperative, translated into English as “Affirm the survival”, was among the “few lines” (Butler 25) left by Derrida to be read by his son Pierre at his funeral in October 2004 (25).

34 The concept “musicking,” coined by Christopher Small and referenced in Fischlin and Heble, recognizes that improvisation is not necessarily or essentially ethical, resistant or democratic. Not all improvised music, in other words, aligns itself “with antihegemonic resistance or critical strategies of alternative community building” (Fischlin and Heble “Other Side” 2). However, there does exist an “identifiable and radical form of improvisational practices” (2), which activates “critical modes of resistance and dialogue” (2) and orients us towards the other, towards “the other side of nowhere” (Sun Ra, qtd. 1).
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