Michaela Fiserova

Event of Signature formulates a new philosophical problem which focuses on the handwritten signature as sign of legal identification. Author Michaela Fišerová works with three metaphysical expectations, which are shared in discourses of graphology and forensic analysis. The first expectation tends to reveal the signer's soul: a handwritten signature "naturally" mirrors the unique psychological qualities of the signer. The second expectation tends to guarantee the originality of the signer's trace: a handwritten signature proves physical contact between the signed document and the writing tool "authentically" moved by the signer's hand. The third expectation tends to recognize the signer's legal identity: a handwritten signature is expected to reproduce the signer's personal style, which enables identification by legal authorities. In a methodologically inventive and semiotically-based dialogue with Derrida's deconstruction, Fišerová situates this triple expectation in the interval between life and law. Challenging coverage of this topic finally shows that none of the metaphysical expectations will ever be fulfilled in the event of manual signing. Legal uses of handwritten signature are characterized by the complex aporia of repeating the unrepeatable.

The paper proposes to grasp handwritten signature as a metaphysical invention of the so-called “Western” civilization, where the signature is supposed to make possible juridical identification of the person who wrote it. However, despite this expectation of reliability, the Western handwritten signature is an aporetic sign, which is considered to be authentic (unrepeatable) and conventional (repeatable) at the same time. Because the signature is a sign of juridical identification and its authenticity can always be forged, Jacques Derrida tries to deconstruct the contradictory functioning of Western metaphysics, which leads to confusion in our expectations of authenticity and identity in our uses of signatures. By proposing a new reading of Derridean texts concerning writing, the paper focuses on the pragmatical paradox that grounds our contradictory legal politics of signing: because the exact manual reproduction of a line is impossible, no one can satisfy the legislative obligation to sign conformably to the model signature. That’s the aporia of trace’s recognition, which establishes the signature as a sign: on the one hand, the signature is supposed to represent the juridical identity of the person who traced it; on the other hand, the signature, which constantly changes its graphical form, makes every certain identification impossible. In order to question the juridical identity traditionally guaranteed by the signature, this paper invites to grasp the legal practice of signing as a subversive performativity, which is produced during the passage between recognition of juridical identity requested by the law and its simultaneous and inevitable transgression. Finally, the paper proposes a new approach to the signature as a visual performance of the self, based on a reevaluation of the altercation between Jacques Derrida and John Searle concerning the iterative character of traces and performatives.