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  1. David M. Adams (forthcoming). Belief and Death: Capital Punishment and the Competence-for-Execution Requirement. Criminal Law and Philosophy:1-14.
    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 (CFE)—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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  2. Larry Alexander (1983). Retributivism and the Inadvertent Punishment of the Innocent. Law and Philosophy 2 (2):233 - 246.
    Retributivism is generally thought to forbid the punishment of the innocent, even if such punishment would produce otherwise good results, such as deterrence. It has recently been argued that because capital punishment always entails the risk of executing an innocent person, instituting capital punishment is tantamount to intentionally taking innocent lives and therefore cannot be justified on retributive grounds. I argue that there are several versions of retributivism, only one of which might categorically forbid risking punishing innocent persons. I also (...)
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  3. Matthew C. Altman (2012). Kant and Applied Ethics: The Uses and Limits of Kant's Practical Philosophy. Wiley-Blackwell.
    Animal suffering and moral character -- Kant's strategic importance for environmental ethics -- Moral and legal arguments for universal health care -- The scope of patient autonomy -- Subjecting ourselves to capital punishment -- Same-sex marriage as a means to mutual respect -- Consent, mail-order brides, and the marriage contract -- Individual maxims and social justice -- The decomposition of the corporate body -- On becoming a person -- Conclusion: emerging from Kant's long shadow.
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  4. Matthew C. Altman (2005). Subjecting Ourselves to Capital Punishment: A Rejoinder to Kantian Retributivism. Public Affairs Quarterly 19 (4):247-264.
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  5. George J. Annas (1980). Doctors and the Death Penalty. Journal of Law, Medicine & Ethics 8 (2):17-17.
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  6. Jay D. Aronson & Simon A. Cole, Science and the Death Penalty: Dna, Innocence, and the Debate Over Capital Punishment in the United States.
    The death penalty debate in the United States has recently undergone a fundamental shift. The possibility of executing the innocent has emerged as some abolitionists’ most salient argument, displacing debates over such issues as fairness, deterrence, and cost. Innocence has managed to move to the fore of the debate in part because of the epistemological certainty attached to one particular kind of postconviction exoneration, one vouched for by the authority of DNA evidence. We suggest that such rhetorical moves draw upon (...)
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  7. Steve Aspenson (2013). The Rescue Defence of Capital Punishment. Ratio 26 (1):91-105.
    Many political philosophers today think of justice as fundamentally about fairness, while those who defend capital punishment typically hold that justice is fundamentally about desert. In this paper I show that justice as fairness calls for capital punishment because the continued existence of murderers increases unfairness between themselves and their victims, increasing the harm to murdered persons. Rescuing murdered persons from increasing harm is prima facie morally required, and so capital punishment is a prima facie duty of society and sentencing (...)
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  8. Attila Ataner (2006). Kant on Capital Punishment and Suicide. Kant-Studien 97 (4):452-482.
    From a juridical standpoint, Kant ardently upholds the state's right to impose the death penalty in accordance with the law of retribution. At the same time, from an ethical standpoint, Kant maintains a strict proscription against suicide. The author proposes that this latter position is inconsistent with and undercuts the former. However, Kant's division between external (juridical) and internal (moral) lawgiving is an obstacle to any argument against Kant's endorsement of capital punishment based on his own disapprobation of suicide. Nevertheless, (...)
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  9. Margaret Atkins (2006). Capital Punishment and Roman Catholic Moral Tradition by E. Christian Brugger. Heythrop Journal 47 (4):664–666.
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  10. Archil Avaliani (2004). Kant — The Death Penalty. Philosophy Pathways 84.
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  11. Sangmin Bae (2008). The Death Penalty and the Peculiarity of American Political Institutions. Human Rights Review 9 (2):233-240.
    This article examines distinctive American political institutions that contribute to explaining the continued use of the death penalty. In the light of wide popular support for capital punishment, strong political leadership is considered to be a principal channel for the abolition of capital punishment. The dilemma of the US death penalty, however, lies in populist features of political structures that greatly limit the political leverage and possibilities available to leaders. The institutional arrangements in the United States allow public support for (...)
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  12. Susan A. Bandes, Child Rape, Moral Outrage, and the Death Penalty.
    In *Engaging Capital Emotions,* Douglas Berman and Stephanos Bibas argue that emotion is central to understanding and evaluating the death penalty, and that the emotional case for the death penalty for child rape may be even stronger than for adult murder. Both the Berman and Bibas article and the subsequent Supreme Court decision in Kennedy v. Louisiana (striking down the death penalty for child rape) raise difficult questions about how to measure the heinousness of crimes other than murder, and about (...)
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  13. Susan A. Bandes, The Heart has its Reasons: Examining the Strange Persistence of the American Death Penalty.
    The debate about the future of the death penalty often focuses on whether its supporters are animated by instrumental or expressive values, and if the latter, what values the penalty does in fact express, where those values originated, and how deeply entrenched they are. In this article I argue that a more explicit recognition of the emotional sources of support for and opposition to the death penalty will contribute to the clarity of the debate. The focus on emotional variables reveals (...)
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  14. J. T. Bannon (1979). For Capital Punishment. By Walter Berns. Basic Books, 1979. American Journal of Jurisprudence 24 (1):229-231.
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  15. Jeffrey H. Barker (1996). Capital Punishment in the New Europe. The European Legacy 1 (2):812-819.
    (1996). Capital punishment in the new Europe. The European Legacy: Vol. 1, Fourth International Conference of the International Society for the study of European Ideas, pp. 812-819.
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  16. Peter Brian Barry (2015). Capital Punishment as a Response to Evil. 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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  17. Peter Brian Barry (2012). Evil and Moral Psychology. Routledge.
    Preliminary matters -- Appendix to chapter 1: evil and experimental philosophy -- Taxonomies of wickedness -- The structure of evil character -- The content of evil character -- Appendix to chapter 4: evil and social psychology -- Evil and moral responsibility -- Evil and abnormal psychology -- Evil and capital punishment.
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  18. Z. Bauman (2003). The Killing State: Capital Punishment in Law, Politics and Culture. Contemporary Political Theory 2 (2):255-257.
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  19. Michael D. Bayles (1991). A Note on the Death Penalty as the Best Bet. Criminal Justice Ethics 10 (1):7-10.
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  20. Josh M. Beach (2009). A Critique of Human Capital Formation in the US and the Economic Returns to Sub-Baccalaureate Credentials. Educational Studies 45 (1):24-38.
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  21. Hugo Adam Bedau (2009). Capital Punishment. In Steven M. Cahn (ed.), Exploring Philosophy: An Introductory Anthology. Oxford University Press
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  22. Hugo Adam Bedau (2002). The Minimal Invasion Argument Against the Death Penalty. Criminal Justice Ethics 21 (2):3-8.
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  23. Hugo Adam Bedau (1989). [Book Review] Death is Different, Studies in the Morality, Law, and Politics of Capital Punishment. [REVIEW] Criminal Justice Ethics 8 (3):46-53.
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  24. Hugo Adam Bedau (1985). Gregg V.Georgia and the “New” Death Penalty. Criminal Justice Ethics 4 (2):3-17.
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  25. Hugo Adam Bedau (1980). Book Review:For Capital Punishment: Crime and the Morality of the Death Penalty. Walter Berns. [REVIEW] Ethics 90 (3):450-.
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  26. Piers Beirnes (1994). The Law is an Ass: Reading E.P. Evans' The Medieval Prosecution and Capital Punishment of Animals. Society and Animals 2 (1):27-46.
    In this essay I address a little-known chapter in the lengthy history of crimes against animals. My focus is not crimes committed by humans against animals, as such, but a practical outcome of the seemingly bizarre belief that animals are capable of committing crimes against humans.2 I refer here to the medieval practice whereby animals were prosecuted and punished for their misdeeds, aspects of which readers are likely to have encountered in the work of the historian Robert Darnton.
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  27. Piers Benn (2003). Soham, Widdecombe and the Death Penalty. Think 1 (3):83.
    The recent murder of two schoolgirls in Soham provoked calls for a return of the death penalty. Piers Benn examines the case for execution.
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  28. Christopher Bennett (2013). Considering Capital Punishment as a Human Interaction. Criminal Law and Philosophy 7 (2):367-382.
    This paper contributes to the normative debate over capital punishment by looking at whether the role of executioner is one in which it is possible and proper to take pride. The answer to the latter question turns on the kind of justification the agent can give for what she does in carrying out the role. So our inquiry concerns whether the justifications available to an executioner could provide him with the kind of justification necessary for him to take pride in (...)
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  29. Christopher Bennett (2003). The Killing State: Capital Punishment in Law, Politics and Culture. Contemporary Political Theory 2 (2):255.
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  30. Jeremy Bentham (2009). The Rationale of Punishment. Prometheus Books.
    Definitions and distinctions -- Classification -- Of the ends of punishment -- Cases unmeet for punishment -- Expense of punishment -- Measure of punishment -- Of the properties to be given to a lot of punishment -- Of analogy between crimes and punishment -- Of retaliation -- Popularity -- Simple afflictive punishments -- Of complex afflictive punishments -- Of restrictive punishments--territorial confinement -- Imprisonment -- Imprisonment--fees -- Imprisonment examined -- General scheme of imprisonment -- Of other species of territorial confinement--quasi-imprisonment--relegation--banishment (...)
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  31. John Berkman & Stanley Hauerwas (1996). Capital Punishment. In Paul A. B. Clarke & Andrew Linzey (eds.), Dictionary of Ethics, Theology, and Society. Routledge 100--5.
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  32. Douglas A. Berman & Stephanos Bibas, Engaging Capital Emotions.
    The Supreme Court, in Kennedy v. Louisiana, is about to decide whether the Eighth Amendment forbids capital punishment for child rape. Commentators are aghast, viewing this as a vengeful recrudescence of emotion clouding sober, rational criminal justice policy. To their minds, emotion is distracting. To ours, however, emotion is central to understand the death penalty. Descriptively, emotions help to explain many features of our death-penalty jurisprudence. Normatively, emotions are central to why we punish, and denying or squelching them risks prompting (...)
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  33. Alan Bigel (1994). Justices William J Brennan, Jr. And Thurgood Marshall on Capital Punishment: Its Constitutionality, Morality, Deterrent Effect, and Interpretation by the Court. Notre Dame Journal of Law, Ethics and Public Policy 8 (1):11-164.
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  34. Jamie Billotte (1994). Is It Justified? - The Death Penalty and Mental Retardation. Notre Dame Journal of Law, Ethics and Public Policy 8 (1):333-370.
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  35. Douglas K. Blount (1996). Euthanasia, Capital Punishment and Mistakes-Are-Fatal Arguments. Public Affairs Quarterly 10 (4):279-290.
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  36. J. H. Bogart (1988). Book Review:Death is Different: Studies in the Morality, Law, and Politics of Capital Punishment. Hugo Adam Bedau. [REVIEW] Ethics 99 (1):167-.
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  37. Craig Bradley, Court Upholds Lethal Injections.
    In this article I discuss in detail the Court's holding in Baze v. Rees (dec. 4/16/08) in which the Court upheld, by a vote of 7-2, the use of Kentucky's lethal injection protocol in imposing the death penalty. Chief Justice Roberts' plurality opinion could only garner 3 votes (including his own) and the article explains why this was the case. It also discusses the plurality's conclusion as to why Kentucky's protocol is acceptable, indeed desirable, compared to the alternatives. Finally it (...)
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  38. Corey Brettschneider (2007). The Rights of the Guilty. Political Theory 35 (2):175-199.
    In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state’s relationship to its citizens. Central to my account is Rawls’s “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua citizens. (...)
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  39. Corey Brettschneider (2007). The Rights of the Guilty: Punishment and Political Legitimacy. Political Theory 35 (2):175-199.
    In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua citizens. (...)
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  40. Magdalena Broca, Alejo González & Fulvio Stanis (2006). La Construcción Del Enemigo En la Política de Seguridad Provincial: Cárcel y Derecho de Muerte. In Carlos Balzi & César Marchesino (eds.), Hostilidad/Hospitalidad. Universidad Nacional de Córdoba, Area de Filosofía Del Centro de Investigaciones de la Facultad de Filosofía y Humanidades
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  41. Stanley L. Brodsky, Tess M. S. Neal & Michelle A. Jones (2013). A Reasoned Argument Against Banning Psychologists' Involvement in Death Penalty Cases. Ethics and Behavior 23 (1):62-66.
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  42. Thom Brooks (2012). Punishment. Routledge.
    Punishment is a topic of increasing importance for citizens and policy makers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many others are addressed in this highly engaging guide. Punishment is a critical introduction to the philosophy of punishment offering a new and refreshing approach that will benefit readers of all backgrounds and interests. This is the first critical guide to examine all leading contemporary theories of punishment, (...)
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  43. Thom Brooks (2010). Punishment. Oxford Bibliographies Online.
    The punishment of criminals is a topic of long-standing philosophical interest since the ancient Greeks. This interest has focused on several considerations, including the justification of punishment, who should be permitted to punish, and how we might best set punishments for crimes. This entry focuses on the most important contributions in this field. The focus will be on specific theoretical approaches to punishment including both traditional theories of punishment (retributivism, deterrence, rehabilitation) and more contemporary alternatives (expressivism, restorative justice, hybrid theories, (...)
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  44. Thom Brooks (2010). The Bible and Capital Punishment. Philosophy and Theology 22 (1/2):279-283.
    Many Christians are split on whether they believe we should endorse or oppose capital punishment. Each side claims Biblical support for their professed position. This essay cannot hope to bring this debate to a conclusion. However, it will try to offer a different perspective. The essay recognizes that the Bible itself offers statements in support of each position. The proposed way forward is not to claim there is a contradiction, but to place greater emphasis on understanding these statements in their (...)
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  45. Thom Brooks (2004). Retributivist Arguments Against Capital Punishment. Journal of Social Philosophy 35 (2):188–197.
    This article argues that even if we grant that murderers may deserve death in principle, retributivists should still oppose capital punishment. The reason? Our inability to know with certainty whether or not individuals possess the necessary level of desert. In large part due to advances in science, we can only be sure that no matter how well the trial is administered or how many appeals are allowed or how many years we let elapse, we will continue to execute innocent persons (...)
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  46. Thom Brooks (2003). Kant's Theory of Punishment. Utilitas 15 (02):206-.
    The most widespread interpretation amongst contemporary theorists of Kant's theory of punishment is that it is retributivist. On the contrary, I will argue there are very different senses in which Kant discusses punishment. He endorses retribution for moral law transgressions and consequentialist considerations for positive law violations. When these standpoints are taken into consideration, Kant's theory of punishment is more coherent and unified than previously thought. This reading uncovers a new problem in Kant's theory of punishment. By assuming a potential (...)
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  47. Christian Brugger (2004). Aquinas and Capital Punishment: The Plausibility of the Traditional Argument. Notre Dame Journal of Law, Ethics and Public Policy 18 (2):357-372.
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  48. E. Christian Brugger (2014). Capital Punishment and Roman Catholic Moral Tradition, Second Edition. University of Notre Dame Press.
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  49. E. Christian Brugger (2008). Rejecting the Death Penalty: Continuity and Change in the Tradition. Heythrop Journal 49 (3):388–404.
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  50. E. Christian Brugger (2004). Catholic Moral Teaching and the Problem of Capital Punishment. The Thomist 68 (1):41-67.
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