Abstract

Discussions of the morality of capital punishment, and indeed discussions of the morality of punishment in general, usually assume that there are two possible justifications of punishment, a deterrence justification associated with utilitarianism and other consequentialist moral theories, and a retributive justification associated with deontological moral theories. But now that rights-based theories are attracting the increasing attention of moral philosophers it is worth asking whether these theories may not employ a different justification of punishment, with different consequences for the morality of particular forms of punishment. I will argue that rights theories do employ a different justification of punishment, and that this justification combines many of the attractive features of the deterrence and retributive justifications while avoiding their unattractive features. In particular, I will argue that the rights-based justification has more attractive consequences for the morality of capital punishment than either the deterrence or retributive justifications.