Abstract

Whereas traditional abolitionist arguments call for putting an end to capital punishment, French-Algerian philosopher Jacques Derrida emphasizes its survival, writing that “even when it will have been abolished, the death penalty will survive.” My dissertation interprets this perplexing claim by attending to the specificity of Derrida’s discourse on survival or survivance, contending that the death penalty serves an irreducible role in the constitution of the (individual or collective) subject, such that, even in the event of its abolition, some form of the death penalty must continue. Through close readings of Heidegger, Kant, Nietzsche, Freud, Michel de Montagne, and Victor Hugo, as well as Shakespeare, linguist Émile Benveniste, Hungarian psychoanalysts Abraham and Torok, and the nineteenth-century political theorist Juan Donoso Cortés, the dissertation provides an account of the function of the death penalty as a specific institution within the modern penal system of a collective political body and as the legacy of ancient political economies based on sacrificial rites. This analysis interprets the death penalty both structurally and specifically, accounting for the indissociable relationship between the institution and its conceptual structure more broadly. Survivance, I argue, only ever occurs through an other, leaving open the question of the survival of the death penalty to the dissemination of indefinite and unpredictable forms that could consist in its abolition.