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  1. Capital Punishment (or: Why Death is the 'Ultimate' Punishment).Michael Cholbi - forthcoming - In Jesper Ryberg (ed.), Oxford Handbook of the Philosophy of Punishment.
    Both proponents and opponents of capital punishment largely agree that death is the most severe punishment that societies should consider imposing on offenders. This chapter considers how (if at all) this ‘Ultimate Thesis’ can be vindicated. Appeals to the irrevocability of death, the badness of being executed, the badness of death, or the harsh condemnation societies express by sentencing offenders to death do not succeed in vindicating this Thesis, and in particular, fail to show that capital punishment is more severe (...)
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  2. Why Must Punishment Be Unusual as Well as Cruel To Be Unconstitutional?David Hershenov - forthcoming - Public Affairs Quarterly.
  3. Capital punishment: Philosophical issues and contemporary problems in Nigeria.M. Adekunle Owoade - forthcoming - Second Order (New Series): An African Journal of Philosophy.
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  4. Business and Ethics of Capital Punishment.J. Angelo Corlett - 2023 - In Deborah C. Poff & Alex C. Michalos (eds.), Encyclopedia of Business and Professional Ethics. Springer Verlag. pp. 228-233.
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  5. Crime & Punishment: A Rethink.Ognjen Arandjelović - 2023 - Philosophies 8 (3):47.
    Incarceration remains the foremost form of sentence for serious crimes in Western democracies. At the same time, the management of prisons and of the prison population has become a major real-world challenge, with growing concerns about overcrowding, the offenders’ well-being, and the failure of achieving the distal desideratum of reduced criminality, all of which have a moral dimension. In no small part motivated by these practical problems, the focus of the present article is on the ethical framework that we use (...)
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  6. Is capital punishment contrary to the dignity of the human person? Reflections about the meaning of the revised paragraph 2267 of the Catechism of the Catholic Church.Mariusz Biliniewicz - 2023 - Heythrop Journal 64 (1):16-29.
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  7. ‘The bullets brought the curtain down on that lowlife’: discursive representation and legitimation of capital punishment in the press.Krisda Chaemsaithong - 2023 - Critical Discourse Studies 20 (4):436-453.
    Underpinned by the polemical idea that governments have redefined their role as a penal actor that prioritizes the practices of repressing, punishing, and confining people (instead of tackling the very complex root causes), this study scrutinizes how the press discursively collaborates with the State in ‘governing through crime’ (Simon, J. (2007). Governing through crime: How the war on crime transformed American democracy and created a culture of fear. Oxford University Press.). Drawing upon a corpus of Thai newspapers, the study analyzes (...)
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  8. Death Penalty Abolition, the Right to Life, and Necessity.Ben Jones - 2023 - Human Rights Review 24 (1):77-95.
    One prominent argument in international law and religious thought for abolishing capital punishment is that it violates individuals’ right to life. Notably, this _right-to-life argument_ emerged from normative and legal frameworks that recognize deadly force against aggressors as justified when necessary to stop their unjust threat of grave harm. Can capital punishment be necessary in this sense—and thus justified defensive killing? If so, the right-to-life argument would have to admit certain exceptions where executions are justified. Drawing on work by Hugo (...)
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  9. A UPR Perspective on Capital Punishment and the Kingdom of Saudi Arabia.Amna Nazir - 2023 - Muslim World Journal of Human Rights 20 (1):1-18.
    The Universal Periodic Review (UPR), established in 2006, has been hailed as an innovative mechanism of the United Nations’ Human Rights Council. The peer review mechanism assesses the human rights records of all UN Member States and provides recommendations to further the global promotion and protection of human rights. This article provides an analysis of the Kingdom of Saudi Arabia’s third UPR in 2018 with a specific focus on the State’s use of capital punishment. It explores the challenges faced by (...)
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  10. Capital Punishment.Benjamin S. Yost - 2023 - In Mortimer Sellars & Stephan Kirste (eds.), Encyclopedia of the Philosophy of Law and Social Philosophy. Dordrecht: Springer. pp. 1-9.
    Capital punishment—the legally authorized killing of a criminal offender by an agent of the state for the commission of a crime—stands in special need of moral justification. This is because execution is a particularly severe punishment. Execution is different in kind from monetary and custodial penalties in an obvious way: execution causes the death of an offender. While fines and incarceration set back some of one’s interests, death eliminates the possibility of setting and pursuing ends. While fines and incarceration narrow (...)
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  11. The Justice of Capital Punishment.Edward Feser - 2022 - In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan. pp. 725-746.
    This chapter sets out the traditional natural law defense of the claim that the death penalty can in principle be a just punishment for certain offenses. It begins by explaining the relevant principles of traditional natural law theory and how they are grounded in a broadly Aristotelian-Thomistic metaphysics. It then shows how the goodness of retribution follows from these principles, and thus is intelligible given that metaphysical picture. This is followed by an application of these results to the justification of (...)
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  12. Violence, War, and Capital Punishment in For the Life of the World: Toward a Social Ethos of the Orthodox Church.Philip LeMasters - 2022 - Studies in Christian Ethics 35 (2):296-310.
    In response to the challenges presented by violence, war, and capital punishment, For the Life of the World: Toward a Social Ethos of the Orthodox Church argues that foundational liturgical, canonical, and spiritual resources invite the Church to manifest a foretaste of the fullness of God’s peace amidst the brokenness of a world that remains tragically inclined toward taking the lives of those who bear the divine image and likeness. It also summons the Church to engage people and power structures (...)
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  13. Counting Heads: Reason, the Human, and Capital Punishment.María de la Cruz Salvador López - 2022 - In Rick Elmore & Ege Selin Islekel (eds.), The Biopolitics of Punishment: Derrida and Foucault. Northwestern University Press.
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  14. A Reconciliation Theory of State Punishment: An Alternative to Protection and Retribution.Thaddeus Metz - 2022 - Royal Institute of Philosophy Supplement 91:119-139.
    I propose a theory of punishment that is unfamiliar in the West, according to which the state normally ought to have offenders reform their characters and compensate their victims in ways the offenders find burdensome, thereby disavowing the crime and tending to foster improved relationships between offenders, their victims, and the broader society. I begin by indicating how this theory draws on under-appreciated ideas about reconciliation from the Global South, and especially sub-Saharan Africa, and is distinct from the protection and (...)
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  15. How Much Punishment Is Deserved? Two Alternatives to Proportionality.Thaddeus Metz & Mika’il Metz - 2022 - Philosophies 7 (2):1-13.
    When it comes to the question of how much the state ought to punish a given offender, the standard understanding of the desert theory for centuries has been that it should give him a penalty proportionate to his offense, that is, an amount of punishment that fits the severity of his crime. In this article, part of a special issue on the geometry of desert, we maintain that a desert theorist is not conceptually or otherwise required to hold a proportionality (...)
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  16. A UPR Perspective on Capital Punishment and the Kingdom of Saudi Arabia.Amna Nazir - 2022 - Muslim World Journal of Human Rights 19 (1):77-94.
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  17. The Impermissibility of Execution.Benjamin S. Yost - 2022 - In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan. pp. 747-769.
    This chapter offers a proceduralist argument against capital punishment. More specifically, it contends that the possibility of irrevocable mistakes precludes the just administration of the death penalty. At stake is a principle of political morality: legal institutions must strive to remedy their mistakes and to compensate those who suffer from wrongful sanctions. The incompatibility of remedy and execution is the crux of the irrevocability argument: because the wrongly executed cannot enjoy the morally required compensation, execution is impermissible. Along with defending (...)
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  18. Punishment: A Critical Introduction.Thom Brooks - 2021 - Routledge.
    This new second edition of Punishment includes a revised and expanded defence of the groundbreaking unified theory of punishment that brings together elements of retribution, deterrence and rehabilitation into a new coherent framework. Thom Brooks expands the chapter length case studies from capital punishment, juvenile offending, domestic violence and sex crimes to include new chapters on social media offences and corporate liability addressing some of today's most pressing issues in criminal justice.
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  19. Punishment: A Critical Introduction (2nd edition).Thom Brooks - 2021 - London: Routledge.
    Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment (2nd edition) is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading contemporary theories (...)
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  20. Can Capital Punishment Survive if Black Lives Matter?Michael Cholbi & Alex Madva - 2021 - In Michael Cholbi, Brandon Hogan, Alex Madva & Benjamin Yost (eds.), The Movement for Black Lives: Philosophical Perspectives. New York: Oxford University Press.
    Drawing upon empirical studies of racial discrimination dating back to the 1940’s, the Movement for Black Lives platform calls for the abolition of capital punishment. Our purpose here is to defend the Movement’s call for death penalty abolition in terms congruent with its claim that the death penalty in the U.S. is a “racist practice” that “devalues Black lives.” We first sketch the jurisprudential history of race and capital punishment in the U.S., wherein courts have occasionally expressed worries about racial (...)
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  21. Constitutional Prohibitions of Capital Punishment: For and Against.Cristian Rettig - 2021 - In Javier Cremades & Cristina Hermida (eds.), Encyclopedia of Contemporary Constitutionalism.
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  22. Routledge International Handbook of Restorative Justice.Theo Gavrielides (ed.) - 2019 - London: Routledge.
    This up-to-date resource on restorative justice theory and practice is the literature’s most comprehensive and authoritative review of original research in new and contested areas. -/- Bringing together contributors from across a range of jurisdictions, disciplines and legal traditions, this edited collection provides a concise, but critical review of existing theory and practice in restorative justice. Authors identify key developments, theoretical arguments and new empirical evidence, evaluating their merits and demerits, before turning the reader’s attention to further concerns informing and (...)
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  23. African Values and Capital Punishment (Repr.).Thaddeus Metz - 2019 - In Mark Timmons (ed.), Disputed Moral Issues: A Reader, 5th ed. Oxford University Press. pp. Pt. 11.
    Reprint of a chapter initially published in G. Walmsley (ed.) African Philosophy and the Future of Africa (2011).
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  24. Against Capital Punishment.Benjamin Schertz Yost - 2019 - New York: Oxford University Press.
    _Against Capital Punishment_ offers an innovative proceduralist argument against the death penalty. Worries about procedural injustice animate many popular and scholarly objections to capital punishment. Philosophers and legal theorists are attracted to procedural abolitionism because it sidesteps controversies over whether murderers deserve death, holding out a promise of gaining rational purchase among death penalty retentionists. Following in this path, the book remains agnostic on the substantive immorality of execution; in fact, it takes pains to reconstruct the best arguments for capital (...)
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  25. Philosophy and Public Policy.Andrew I. Cohen (ed.) - 2018 - New York, USA: Rowman & Littlefield International.
    This book provides rigorous but accessible scholarship, ideal for students in philosophy and public policy. It includes twelve original essays by world-renowned scholars, each examining a key topic in philosophy and public policy and demonstrating how policy debates can be advanced by employing the tools and concepts of philosophy.
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  26. Is Capital Punishment Murder?Luke Maring - 2018 - Notre Dame Journal of Law, Ethics and Public Policy 32 (2):587-601.
    This Article argues that just as the act of forcing sex upon a rapist is itself rape, the execution of a murderer is itself murder. Part I clears the way by defeating three simple, but common, arguments that capital punishment is not murder. Part II shows that despite moral theorists' best attempts to show otherwise, executions seem to instantiate all the morally relevant properties of murder. Part III notes a lacuna in the literature on capital punishment: Even if there is (...)
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  27. African Values and Capital Punishment (repr.).Thaddeus Metz - 2018 - In David R. Morrow (ed.), Moral Reasoning: A Text and Reader on Ethics and Contemporary Moral Issues. Oxford University Press. pp. 372-377.
    Reprint of a chapter first published in _African Philosophy and the Future of Africa_ (2011).
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  28. How Should One Live? An Introduction to Ethics and Moral Reasoning.Bradley Thames - 2018 - San Diego, CA, USA: Bridgepoint Education.
    This book provides an entry-level introduction to philosophical ethics, theories of moral reasoning, and selected issues in applied ethics. Chapter 1 describes the importance of philosophical approaches to ethical issues, the general dialectical form of moral reasoning, and the broad landscape of moral philosophy. Chapter 2 presents egoism and relativism as challenges to the presumed objectivity and unconditionality of morality. Chapters 3, 4 and 5 discuss utilitarianism, deontology, and virtue ethics, respectively. Each chapter begins with a general overview of the (...)
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  29. Taking Deterrence Seriously: The Wide-Scope Deterrence Theory of Punishment.Lee Hsin-wen - 2017 - Criminal Justice Ethics 36 (1):2-24.
    A deterrence theory of punishment holds that the institution of criminal punishment is morally justified because it serves to deter crime. Because the fear of external sanction is an important incentive in crime deterrence, the deterrence theory is often associated with the idea of severe, disproportionate punishment. An objection to this theory holds that hope of escape renders even the severest punishment inapt and irrelevant. -/- This article revisits the concept of deterrence and defend a more plausible deterrence theory of (...)
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  30. Contractualism and the Death Penalty.Li Hon Lam - 2017 - Criminal Justice Ethics 36 (2):152-182.
    It is a truism that there are erroneous convictions in criminal trials. Recent legal findings show that 3.3% to 5%of all convictions in capital rape-murder cases in the U.S. in the 1980s were erroneous convictions. Given this fact, what normative conclusions can be drawn? First, the article argues that a moderately revised version of Scanlon’ s contractualism offers an attractive moral vision that is different from utilitarianism or other consequentialist theories, or from purely deontological theories. It then brings this version (...)
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  31. African Values and Capital Punishment.Thaddeus Metz - 2017 - In Gerard Walmsley (ed.), African Philosophy and the Future of Africa. Council for Research in Values and Philosophy. pp. 83-90.
    What is the strongest argument grounded in African values, i.e., those salient among indigenous peoples below the Sahara desert, for abolishing capital punishment? I defend a particular answer to this question, one that invokes an under-theorized conception of human dignity. Roughly, I maintain that the death penalty is nearly always morally unjustified, and should therefore be abolished, because it degrades people’s special capacity for communal relationships. To defend this claim, I proceed by clarifying what I aim to achieve in this (...)
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  32. Belief and Death: Capital Punishment and the Competence-for-Execution Requirement.David M. Adams - 2016 - Criminal Law and Philosophy 10 (1):17-30.
    A curious and comparatively neglected element of death penalty jurisprudence in America is my target in this paper. That element concerns the circumstances under which severely mentally disabled persons, incarcerated on death row, may have their sentences carried out. Those circumstances are expressed in a part of the law which turns out to be indefensible. This legal doctrine—competence-for-execution —holds that a condemned, death-row inmate may not be killed if, at the time of his scheduled execution, he lacks an awareness of (...)
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  33. In Defence of Punishment and the Unified Theory of Punishment: A Reply.Thom Brooks - 2016 - Criminal Law and Philosophy 10 (3):629-638.
    My book, Punishment, has three aims: to provide the most comprehensive and updated examination of the philosophy of punishment available, to advance a new theory—the unified theory of punishment—as a compelling alternative to available theories and to consider the relation of theory to practice. In his recent review article, Mark Tunick raises several concerns with my analysis. I address each of these concerns and argue they rest largely on misinterpretations which I restate and clarify here.
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  34. Dancing with Leadership Using African Indigenous Wisdom.Clarence Darrow - 2016 - Chicago Historical Bookworks.
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  35. “Such is Life”: Euthanasia and Capital Punishment in Australia: Consistency or Contradiction?Quinlan Michael - 2016 - Solidarity: The Journal of Catholic Social Thought and Secular Ethics 6 (1):Article 6.
    Lawful euthanasia involves State endorsed termination of human life. Apart from a period of less than 9 months, in the Northern Territory, euthanasia has been illegal in Australia. Many of Australia’s parliaments have regularly considered introducing the practice and they continue to do so. In this context, this paper considers another type of State endorsed termination of human life: capital punishment. These took place in Australia from 1788 to 1967. The practice was abolished nationwide by 1985 and the Commonwealth passed (...)
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  36. Why Did Aquinas Hold That Killing is Sometimes Just, But Never Lying?John Skalko - 2016 - Proceedings of the American Catholic Philosophical Association 90:227-241.
    Aquinas held that lying is always a sin, an evil action. In later terminology it falls under what would be called an intrinsically evil action. Under no circumstances can it be a good action. Following Augustine, Aquinas held that even if others must die, one must still never tell a lie. Yet when it comes to self-defense and capital punishment Aquinas’s reasoning seems at odds with itself. One may kill a man in self-defense. Similarly, just as a diseased limb may (...)
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  37. U.S. Racism and Derrida’s Theologico-Political Sovereignty.Geoffrey Adelsberg - 2015 - In Lisa Guenther, Geoffrey Adelsberg & Scott Zeman (eds.), Death and Other Penalties: Philosophy in a Time of Mass Incarceration. Bronx, NY: Fordham Up. pp. 83-94.
    This essay draws on the work of Jacques Derrida and Angela Y. Davis towards a philosophical resistance to the death penalty in the U.S. I find promise in Derrida’s claim that resistance to the death penalty ought to contest a political structure that founds itself on having the power to decide life and death, but I move beyond Derrida’s desire to consider the abolition of the death penalty without engaging with the particular histories and geographies of European colonialism. I offer (...)
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  38. Capital Punishment as a Response to Evil.Peter Brian Barry - 2015 - Criminal Law and Philosophy 9 (2):245-264.
    Some jurisdictions acknowledge, as a matter of positive law, the relevance of evil to capital punishment. At one point, the state of Florida counted that the fact that a murderer’s crime was “especially wicked, evil, atrocious or cruel” as an aggravating factor for purposes of capital sentencing. I submit that Florida may be onto something. I consider a thesis about capital punishment that strikes me as plausible on its face: if capital punishment is ever morally permissible, it is permissible as (...)
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  39. Kramer’s Purgative Rationale for Capital Punishment: A Critique.John Danaher - 2015 - Criminal Law and Philosophy 9 (2):225-244.
    Matthew Kramer has recently defended a novel justification for the death penalty, something he calls the purgative rationale. According to this rationale, the death penalty can be justifiably implemented if it is necessary in order to purge defilingly evil offenders from a moral community. Kramer claims that this rationale overcomes the problems associated with traditional rationales for the death penalty. Although Kramer is to be commended for carving out a novel niche in a well-worn dialectical space, I argue that his (...)
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  40. Multilateral Retributivism: Justifying Change.Richard R. Eva - 2015 - Stance 8 (1):65-70.
    In this paper I argue for a theory of punishment I call Multilateral Retributivism. Typically retributive notions of justice are unilateral: focused on one person’s desert. I argue that our notions of desert are multilateral: multiple people are owed when a moral crime is committed. I argue that the purpose of punishment is communication with the end-goal of reconciling the offender to society. This leads me to conclude that the death penalty and life without parole are unjustified because they necessarily (...)
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  41. Judging the Goring Ox: Retribution Directed Toward Animals.Geoffrey P. Goodwin & Adam Benforado - 2015 - Cognitive Science 39 (3):619-646.
    Prior research on the psychology of retribution is complicated by the difficulty of separating retributive and general deterrence motives when studying human offenders . We isolate retribution by investigating judgments about punishing animals, which allows us to remove general deterrence from consideration. Studies 2 and 3 document a “victim identity” effect, such that the greater the perceived loss from a violent animal attack, the greater the belief that the culprit deserves to be killed. Study 3 documents a “targeted punishment” effect, (...)
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  42. Death and Other Penalties: Philosophy in a Time of Mass Incarceration.Lisa Guenther, Geoffrey Adelsberg & Scott Zeman (eds.) - 2015 - Fordham UP.
    Motivated by a conviction that mass incarceration and state execution are among the most important ethical and political problems of our time, the contributors to this volume come together from a diverse range of backgrounds to analyze, critique, and envision alternatives to the injustices of the U.S. prison system, with recourse to deconstruction, phenomenology, critical race theory, feminism, queer theory, and disability studies. They engage with the hyper-incarceration of people of color, the incomplete abolition of slavery, the exploitation of prisoners (...)
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  43. Does Communicative Retributivism Necessarily Negate Capital Punishment?Jimmy Chia-Shin Hsu - 2015 - Criminal Law and Philosophy 9 (4):603-617.
    Does communicative retributivism necessarily negate capital punishment? My answer is no. I argue that there is a place, though a very limited and unsettled one, for capital punishment within the theoretical vision of communicative retributivism. The death penalty, when reserved for extravagantly evil murderers for the most heinous crimes, is justifiable by communicative retributive ideals. I argue that punishment as censure is a response to the preceding message sent by the offender through his criminal act. The gravity of punishment should (...)
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  44. The Purgative Rationale for the Death Penalty: Replies to Steiker and Danaher.Matthew H. Kramer - 2015 - Criminal Law and Philosophy 9 (2):379-394.
    This article defends my 2011 book “The Ethics of Capital Punishment” against the thoughtful critiques written by Carol Steiker and John Danaher respectively. It does not attempt to respond to every point of contention in the two critiques, but concentrates instead on a few of the main points from each of them.
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  45. The Lex Talionis, the Purgative Rationale, and the Death Penalty.Patrick Lenta - 2015 - Criminal Justice Ethics 34 (1):42-63.
    In The Ethics of Capital Punishment: A Philosophical Investigation of Evil and Its Consequences, Matthew Kramer argues that none of the standard rationales used to justify capital punishment successfully vindicates it and that a new justification, the purgative rationale, justifies capital punishment for defilingly evil offenders. In this article, it is argued, first, that a version of retributivism that adheres to the lex talionis as Kramer understands it does seem to call exclusively for the death penalty. Second, it is submitted (...)
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  46. The Ethics of Capital Punishment. A Philosophical Investigation of Evil and Its Consequences, by Matthew H. Kramer. [REVIEW]Claes Lernestedt - 2015 - Mind 124 (493):361-366.
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  47. The Right to Kill in Cold Blood: Does the Death Penalty Violate Human Rights?Alan Ryan - 2015 - In The Making of Modern Liberalism. Princeton University Press. pp. 139-156.
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  48. Lethal Injection in Uncharted Territory: The Need to Ensure the Humanity of Current Death Penalty Practices.Rebecca Salk - 2015 - Criminal Justice Ethics 34 (3):284-311.
    When lethal injection was first legalized in the late 1970s, many people viewed it as safe, reliable, and humane. Today, however, lethal injection does not always perform as promised. Due to difficulties with sourcing lethal injection drugs, states are utilizing untested lethal injection protocols, with little knowledge or experience to guide them. This article argues that lethal injection reform requires regulation similar to that for human subject research, and that the practice of utilizing untested lethal injection methods comes very close (...)
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  49. Can/Should We Purge Evil Through Capital Punishment?Carol S. Steiker - 2015 - Criminal Law and Philosophy 9 (2):367-378.
    Matthew Kramer’s The Ethics of Capital Punishment: A Philosophical Investigation of Evil and its Consequences explores the morality of capital punishment and develops his own “purgative rationale” in support of the practice. I present my objections to Kramer’s purgative rationale and trace our disagreement to differences over the nature of evil, the autonomy of human character formation, and the concept of defilement.
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  50. Capital Punishment and Roman Catholic Moral Tradition, Second Edition.E. Christian Brugger - 2014 - University of Notre Dame Press.
    Why is the Catholic Church against the death penalty? This second edition of Brugger’s classic work _Capital Punishment and Roman Catholic Moral Tradition_ traces the doctrinal path the Church has taken over the centuries to its present position as the world’s largest and most outspoken opponent of capital punishment. The pontificate of John Paul II marked a watershed in Catholic thinking. The pope taught that the death penalty is and can only be rightly assessed as a form of self-defense. But (...)
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1 — 50 / 355