Derrida and the Death Penalty: The Question of Cruelty

Philosophy Today 59 (2):317-336 (2015)
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Abstract

This paper looks at the recently published text of Derrida’s 1999–2000 Death Penalty Seminars, reading it alongside a key text from the early 2000s, Derrida’s address to the Estates General of Psychoanalysis. Tracking Derrida’s insistent references to psychoanalysis in his writings on the issue of capital punishment, I argue that the deconstruction of the death penalty, in its full scope, can perhaps best be approached in the terms emerging out of Derrida’s engagement with psychoanalysis in this period. If this is the case, it is because the way psychoanalysis conceptualizes cruelty ultimately opens onto to a particular thinking of life that will come to serve as a crucial lever in Derrida’s treatment of the death penalty. What emerges in Derrida’s engagement with psychoanalysis in this period, then, I argue in conclusion, is the radical thinking of finitude and mortality at the core of the deconstruction of the death penalty.

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Robert Trumbull
Seattle University

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