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human rights, social justice,
Elizabeth S. Anker
MFS Modern Fiction Studies,Volume 54 number 2, Summer 2008. Copyright © for the Purdue Research
Foundation by the Johns Hopkins University Press. All rights to reproduction in any form reserved.
234 Human Rights, Social Justice, and J. M. Coetzee’s Disgrace
rights and juxtaposes important alternatives to the term: first, its
protagonist David Lurie's claim to "rights of desire" to act on his own
sexuality (89); and secondly, a communitarian ethic based on "anthro-
pological" and nonanalytic forms of bearing witness (118). Concerns
with human rights have been particularly visible in South Africa, as it
grapples with apartheid's legacy and the aftermath of the Truth and
Reconciliation Commission (the TRC) hearings, and its human rights
successes and failures have consistently preoccupied the international
human rights monitoring community. In turn, the status of human
rights in South Africa has often been read to betoken a prognosis for
the global future of the human rights paradigm. However, Disgrace
enacts key philosophical and practical challenges to human rights
discourse as well as to discrete rights enforcements, and it thereby
identifies damaging limitations inherent to the logic of rights at the
same time as it asserts the need for a tempering and modification
of our expectations for social justice, thus offering a pointed rebuke
to prevailing accounts of human rights. Among other objections,
Disgrace exposes human rights to be indebted to an individualist
logic, encouraging of possessive self-interest, grounded in reasoned
abstractions that obscure ethical singularities, and premised on an
exclusionary category of the human that denies society's outcasts
human rights protections.
Beyond its emphasis on the supra-legal construct of human
rights, the novel also evinces a general absorption with the mecha-
nisms of the law. By exposing both its oversights and its frequently
violent intrusions, Disgrace suspends the expectation that the law
plays a determinate role in advancing justice and effectuating social
restoration. The novel interrogates the law for its excessive reliance
on procedure, its distortions and denials of nondominant epistemolo-
gies, its dependence on the vagaries of disembodied principles, and
its ready enlistment to serve inequitable causes. Much like human
rights, the law in Disgrace is revealed to be a particularly blunt tool
for intervening within the murkiness of interpersonal relations. But
despite its deficiencies, the law remains an object of passionate am-
bivalence throughout the novel, reflective of the common postcolonial
equivocation toward the judicial system. In short, the protagonist
Lurie's disposition at the novel's end cannot be understood without
recourse to his encounters with criminality, failed reparation, and
legal enforcement, and the law is ultimately disclosed to be a source
of both longing and disappointment for Coetzee's characters.
Disgrace, moreover, is a novel with significant ethical purchase,
although not because its narrative translates into concrete political
truths about human rights and the rule of law, but instead because
it refuses any such pretense of certitude. Disgrace is an unsettling,
Anker 235
unnerving novel, and this essay suggests that it is precisely this air
of contingency and disquiet that engenders its social and political
force. Disgrace embraces the inconstancy of its own vision, and this
indeterminate posture is what makes it an urgent vehicle for thinking
about human rights in our ailing and tumultuous time.
This essay first discusses the significance of the novel's troping
of the law and the very conflictual, even competing attitudes it evinces
toward the function of legal remedy. This investigation of the law is
followed by an examination of human rights in the novel. While Lurie
opposes his "rights of desire" to human rights, "desire" in Coetzee's
writing is strikingly overdetermined, variously signifying: the object of
the censor, the impetus that compels both the creation and reception
of literature, and the inextricable human appetites for cruelty as well
as productive passion. Due to its focus on unreasoned desire, I read
Disgrace to suggest that the axioms of human rights fail to adequately
account for this fundamental human motivation. The essay then
explores another surrogate to human rights proposed in Disgrace:
a communitarian ethic of collective interdependence. By repeatedly
questioning the efficacy of legal and analytic speech, Disgrace implies
that a thicker, more complicated mode of "anthropological" narration
is necessary to articulate the terms of such an unprecedented but
urgent social order (118). Finally, the essay concludes by proposing
that the novel pursues, through the character of Lurie, an alternate
means of representation, one free from the injustices inscribed within
language and the prescriptive confidence operative in the discourse of
reason. Because the novel's conclusion ultimately offers no axiomatic
ethical solution, I argue that this forces the recognition of states of
radical indeterminacy—states that can serve as a corrective to the
many dangers that accompany human rights when they are employed
in the negotiation of social justice.
Notes
I would like to thank the many people who have offered helpful com-
ments on this essay at its various stages: Peter Brooks, Rita Felski,
Michael Levenson, Jennifer Wicke, David Golumbia, Paul Kahn, Roy
Anker, Omaar Hena, and the anonymous MFS reader. I benefited
immensely from insightful and attentive audiences at the University
of Virginia, Wake Forest University, Cornell University, and the 2005
SIAS Institute at Yale Law School.
1. Dusklands, Coetzee's first novel, published in 1974, contains two
separate but interrelated narratives exposing the travesties of
colonialism: the first about the moral contamination wrought by
psychological warfare in Vietnam, the second imagining the travels
of "Jacobus Coetzee," an original Christian colonizer of South Africa
who concludes that the white South African "believe[s] in justice but
ha[s] never taken kindly to laws" (109). In the Heart of the Country
(1976) narrates the trauma of the crimes of murder and rape on
the South African frontier—"a district outside the law" (138)—from
a female narrator's perspective, which Coetzee returns to in Age of
Anker 261
Iron (1990). Age of Iron enacts the culpability and guilt of white in-
tellectual South Africans through its aging narrator dying of cancer, a
metaphor for South African culture, who indicts her class for "going
by the rule" (80) and "holding up the rule" (82) in order to enable the
perpetuation of and evade responsibility for the atrocities of apartheid.
Likewise, Waiting for the Barbarians (1980) concerns the Magistrate
of an outpost in a colonial empire who is unseated from his authority
and subjected to various forms of torture legitimated "through one
of the closed trials they conduct under the emergency powers" (94).
Additionally, Life and Times of Michael K (1983) theorizes the state
of exception in civil war and the politics of the internment camp.
Finally, The Master of Petersburg (1994), in many ways deploying
the quasi-legal themes in and even anticipating Disgrace, is pre-
eminently concerned with the law. A fictionalized account of Fyodor
Dostoevsky's grappling with the political radicalism and likely murder
of his son (Coetzee's own son was killed shortly before his writing
the novel), it debates the private versus public status of fiction in a
climate of censorship, the ethics of the act of reading, the failures
of the law, and the contours of the spirit of justice. Furthermore, the
novel describes itself as centrally concerned with "how one enters
disgrace" (59).
2. The novel indicates that Melanie—"the dark one"—is not a white
South African (18).
3. For other criticism that reads the novel as allegorizing the TRC see
Jane Poyner, Mark Sanders's "Disgrace," and, for a more straightfor-
ward comment on the TRC, see Jacqueline Rose. In an article relating
Disgrace to the TRC, Rebecca Saunders also richly and incisively ad-
dresses different aspects of the issues relating to justice, economic
restoration, legal intrusion, and confession that I touch on in this
section.
4. See Martha Minow for a discussion of the consequences of the un-
derstanding of the TRC's project as therapeutic (63).
5. Amy Gutman and Dennis Thompson describe this policy as the most
problematic practice in that, while only a relatively small number of
applicants were granted amnesty, they were often the "most egre-
gious perpetrators" (24).
6. Several critics have observed this connection, discussing the pervasive
role of confession in the text and construing Lurie's later exchange
with Melanie Isaacs's father in a similar manner. See Sue Kossew
and Mark Sanders's "Disgrace" for a discussion of the interminable
nature of secular confession.
7. See Susan VanZanten Gallagher (118–20) for an extended discus-
sion of the influence of religion on confessional literatures in South
Africa and informing the origins of the TRC. See also Robert Rotberg,
Andrew Rigby, and Henry J. Steiner.
8. Rape, including pack rape, has become increasingly prevalent in South
Africa. See Dennis Altman (8). South Africa has one of the highest
rape rates in the world, close to half of which are child rapes.
262 Human Rights, Social Justice, and J. M. Coetzee’s Disgrace
9. Much criticism of Disgrace has protested the omission or silencing
of Lucy's perspective. Commentators have interpreted this lacuna
as yielding a range of consequences, typically either construing the
absence of Lucy's viewpoint as reinforcing the ethical failings and
limitations of Lurie's character or maintaining that the obstruction
of Lucy's viewpoint places heightened demands for active reading
on the part of the reader. See Gayatri Chakravorty Spivak's "Ethics
and Politics" and Lucy Valerie Graham's "Yes, I Am Giving Him Up."
However, the one set of issues with respect to which the novel makes
Lucy's beliefs and opinions decidedly clear involves the law and its
circumscribed reprisal for her rape.
10. As readers barred from Lucy's perspective, we can only speculate as
to Lucy's motives for sheltering it from mass appropriation. Various
critics, however, have read her refusal in light of the historical de-
ployments of rape narratives. See Graham's "Reading the Unspeak-
able" for a discussion of the history of "black peril" scares and their
responsibility for oppressive legislation in South Africa (435). Coetzee
himself has made a comment in reference to Breyten Breytenbach's
novel Dog Heart that would seem to support such an explanation, that
"the circulation of horror stories is the very mechanism that drives
white paranoia about being chased off the land and ultimately into
the sea" (Stranger 256).
11. For discussions of the impediments to the representation of forms
of violence, such as torture, see Elaine Scarry, Cathy Caruth, and
Shoshana Felman.
12. This question about the essential impossibility of the project of the
TRC might further explain the omission of rape narratives from the
preponderance of the victim testimonies. See Minow for a discussion
of this issue (84).
13. Likewise, this emphasis on material ownership is hostile to more
communitarian forms of justice and interpersonality, as I discuss in
the final section of this essay.
14. See Gareth Cornwell, in "Disgraceland" (46). See also Grant Farred's
construal of Lucy's action as a "refusal to resist" (19).
15. For a discussion of cultural rights claims as resistance to economic
globalization, see Rosemary J. Coombe. Coombe argues that "[i]t
remains to be seen if the modern discourse of rights is sufficiently
elastic to interpretively accommodate forms of alterity that seek
negotiated autonomies from market relationships" (37).
16. Lucy, here, similarly can be seen to refuse the fiction of self-deter-
mination underlying human rights, asserting instead the reality of
interdependence. See Iris Marion Young for the argument that "self-
determination ignores the relations of interdependence people have
with one another" (26).
17. The appropriateness of the term "human rights" for addressing
South Africa, however, has inspired considerable debate, and some
Anker 263
critics have argued that its efficacy was already problematized by
the original law authorizing the TRC. The 1993 Interim Constitution
also invokes the African conception of "ubuntu," which is commonly
interpreted to carry a multiplicity of meanings, although primarily to
connote "humaneness, or an inclusive sense of community valuing
everyone" (Minow 52). Desmond Tutu has been acclaimed as a key
proponent of alternate formulations of justice and quoted for offering
a definition of ubuntu: "A person with ubuntu is open and available
to others, affirming of others, does not feel threatened that others
are able and good, for he or she has a proper self-assurance that
comes from knowing the he or she belongs in a greater whole and
is diminished when others are humiliated or diminished, when oth-
ers are tortured or oppressed" (31). Ubuntu has been analyzed in
contrastive ways in terms of its bearing on human rights. Scholars
such as Martha Minow have understood the values embedded within
ubuntu to be virtually indistinguishable from the entailments of human
rights (52). Other critics, however, have interpreted it as stemming
from an ideological orientation incommensurate with rights logics.
For example, Mark Sanders sees it as grounded in "responsibility,
not the rule" that understands the self as "com[ing] into being in a
response to and for the other." In this Derridean sense, for Sand-
ers, ubuntu provides a "communitarian alternative to human rights"
that refuses a single, static formulation for approaching questions
of justice (Complicities 127). See especially (121–27).
18. See Minow (10).
19. Rape and other forms of violence against women were not widely
acknowledged as human rights abuses until the 1980s, and Amnesty
International did not issue its first report on rape until 1992. See
Altman (123).
20. Of course, Lurie's appeal to the "natural" to legitimize a competing
scheme of rights likewise can be read to counter the natural law
justifications for human rights. See Talal Asad (57).
21. See Graham, "Reading the Unspeakable" for the viewpoint that Coe-
tzee sought to "dissolve clear boundaries" between the two attacks
(443). Alternately, see Cornwell, "Realism, Rape, and J. M. Coetzee's
Disgrace" for the argument that they should be read as distinct
because of the difference in the extent to which they are narrated
within the novel.
22. Similarly, in Giving Offense Coetzee writes that apartheid "did indeed
flower out of self-interest and greed, but also out of desire, and the
denial of desire" (164). This dialectic of contagion and desire more
generally underlies Coetzee's depictions of all interpersonal relations.
Additionally, Mark Sanders describes apartheid in terms of an inter-
diction of forms of desire and reads the TRC's project as "to restore
the conditions of possibility for desire" ("Remembering" 65).
23. Coetzee has meditated on the role of desire in his nonfictional writings
as well; for example, see his essay "Triangular Structures of Desire
in Advertising" in Doubling the Point.
264 Human Rights, Social Justice, and J. M. Coetzee’s Disgrace
24. The criteria stipulated in the Act define a publication as "undesirable"
if:
25. See Makau Mutua, for a discussion of the dangers of the highly meta-
phorized and idealized labels compelling the drama of international
human rights enforcement.
26. Spivak has further demonstrated that responsibility originates from an
agency outside the self (or a responsiveness) that both is ingrained
in subaltern cultures and, importantly, can be cultivated in humani-
ties education. See "Righting Wrongs" (534).
27. However, none of these theorists have demonstrated how such pre-
cepts, necessary though they may be, could begin to find codification
and expression in the law, a limitation that raises critical questions
about, first, whether such principles are capable of institutionaliza-
tion, and, second, what type of vocabulary might be most germane
to their symbolization.
28. The inconsistencies in how the characters interpret animal life in the
novel speaks once again to the ease with which understandings of the
"natural" can be manipulated. Disgrace reminds us of the arbitrariness
of all appeals to the natural and innate, suggesting that we instead
might better conceive of political thought as premised on deliberate
choices between equally tenuous explanations strategically calculated
to produce just and equitable socio-political arrangements.
29. For the argument that preserving thick understandings of identity is
of particular importance to political transitions, see Carla Hesse and
Robert Post.
30. Spivak makes such an argument about the novel in "Ethics and Poli-
tics."
31. In the earlier portion of the novel, Lurie is depicted teaching his poetry
class on Byron, who he describes as "the man who found himself
conflated with his own poetic creations," and accordingly can be read
as an alter-ego for Lurie's character (and for that matter Coetzee),
particularly at the beginning of the book (31).
32. The Master of Petersburg contains a similar passage in which Dos-
toevsky responds to the "unhappy wail of a dog" in the middle of the
night and ponders the significance of this call. Dostoevsky deciphers
Anker 265
this demand to signify that "he must answer to what he does not
expect" (79–80).
33. In her response to The Lives of Animals, Marjorie Garber describes
Coetzee's approach as both staging "a debate between poetry and
philosophy" and derived from a Platonic philosophic dialogue (79).
Elizabeth Costello, in Coetzee's novel of the same name, makes such
a connection when she justifies her failure to persuade her listeners
to the animal rights stance by urging them instead "to read the poets
who return the living, electric being to language" (111).
34. Derrida offers a helpful description of the central conundrum regard-
ing the question of the animal's responsivity, which extends from the
intertwined risks of purporting to ascribe a voice to, and claiming
to ascertain a "response" from, the animal. As Derrida states, "one
cannot treat the supposed animality of the animal without treating
the question of the response and of what responding means. And
what erasing mean" (401).
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