Fordham Urban Law Journal Volume 35 Number 4 Article 6 2008 Anomalies: Ritual and Language in Lethal Injection Regulations Leigh B. Bienen Northwestern University School of Law Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj Part of the Law Commons Recommended Citation Leigh B. Bienen, Anomalies: Ritual and Language in Lethal Injection Regulations, 35 Fordham Urb. L.J. 857 (2008). Available at: https://ir.lawnet.fordham.edu/ulj/vol35/iss4/6 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact
[email protected]. ANOMALIES: RITUAL AND LANGUAGE IN LETHAL INJECTION REGULATIONS Leigh B. Bienen* The state lethal injection protocols do not regulate lethal injec- tions, but instead describe hypothetical rituals meant to reassure the reader-whomever that might be-that a controlled and orderly process, in accordance with the rule of law, will take place. The pro- tocols are public relations documents, not legitimate legal regula- tions. Their status of "non-legal" documents, provisions without legal authority is evident from the fact that apparently they are not governed by state administrativeprocedure acts. Epigraph: Culture, in the sense of the public, standardized val- ues of a community, mediates the experience of individuals. It provides in advance some basic categories, a positive pattern in which ideas and values are tidily ordered. And above all, it has authority, since each is induced to assent because of the assent of others.