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POLITICAL THEOLOGY, 2018 VOL. 19, NO. 2, 126–140 https://doi.org/10.1080/1462317X.2018.1433367 Sovereignty and its Defenses: Psychic Retaliation and the Theologico-Political in Derrida’s Death Penalty Seminars Peter Capretto Graduate Department of Religion, Vanderbilt University, Nashville, TN, USA ABSTRACT KEYWORDS In his Death Penalty Seminars, Derrida contends that analyzing the logic of the death penalty requires thinking the logic of the precarious psyche in the theologico-political sovereignty. Working closely with sources from in psychoanalysis and political philosophy, this paper argues that, despite nominally rejecting the ideals of commensurability in punishment and defense around the death penalty, abolitionist critiques of the death penalty remain largely motivated by the same psychic resonances around defense and perceived adherence to lex talionis that also undergird the death penalty itself. It asserts that psychoanalysis does not offer special insight into the theologico-political constitution of the death penalty from afar; rather, it is only because of psychoanalysis’ shared investments in the economic law of retaliation that it grants any understanding of psychic investment in political cruelty, harbored under the veneer of defense. Defense; sovereignty; psychoanalysis; retaliation; trauma 1. Introduction To offer a defense of the death penalty, Derrida insists, is already to invoke a religious syncretism. One cannot “treat the question of the death penalty without speaking of religion.”1 It is no accident that defenses of the death penalty draw upon theological structures; the logic of the death penalty is essentially a theologico-political defense of sovereignty and its constitution. Yet this syncretic logic poses a problem to the fate of abolitionism and its prospect of becoming a truly principled philosophical position. If the death penalty is constitutive of a theologico-political defense of sovereignty, it becomes unclear for abolitionism whether there is something specific about the structure of theologico-political sovereignty in the death penalty that warrants critique, or whether there is a principled philosophical argument to be made against sovereign defense more generally. Said otherwise, if Derrida is correct about the inseparability of the death penalty from religion, the political theological task of deconstructing the death penalty becomes even more complex than abolitionists might have originally appreciated. Particularly in Derrida’s lectures on The Death Penalty, it becomes clear that to think the logic of the death penalty also requires thinking the logic of the precarious psyche, ever CONTACT Peter Capretto peter.capretto@vanderbilt.edu 1 Derrida and Roudinesco, For What Tomorrow, 145. © 2018 Informa UK Limited, trading as Taylor & Francis Group