David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Criminal Law and Philosophy 2 (3):273-290 (2008)
Our purpose in this paper is to consider a procedural objection to the death penalty. According to this objection, even if the death penalty is deemed, substantively speaking, a morally acceptable punishment for at least some murderers, since only a small proportion of those guilty of aggravated murder are sentenced to death and executed, while the majority of murderers escape capital punishment as a result of arbitrariness and discrimination, capital punishment should be abolished. Our targets in this paper are two recent attempts, by Thomas Hurka and Michael Cholbi respectively, to defend the view that âlevelling downâ (that is, reducing the punishment imposed on a criminal from the punishment he absolutely deserves to a less severe punishment in order to achieve proportionality relative to the criminals who have escaped the punishment they absolutely deserve) is, in the context of capital punishment, morally permissible. We argue that both Hurka and Cholbi fail to show why the arbitrariness and discrimination objection impugns the death penalty
|Keywords||Arbitrariness Discrimination Capital punishment Desert Justice Levelling down|
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References found in this work BETA
H. L. A. Hart (1994). The Concept of Law. Oxford University Press.
John Stuart Mill (2009). Utilitarianism. In Steven M. Cahn (ed.), Exploring Ethics: An Introductory Anthology. Oxford University Press
Jeffrey H. Reiman (1985). Justice, Civilization, and the Death Penalty: Answering Van den Haag. Philosophy and Public Affairs 14 (2):115-148.
Joel Feinberg (1974). Noncomparative Justice. Philosophical Review 83 (3):297-338.
Citations of this work BETA
Matt Stichter (2014). The Structure of Death Penalty Arguments. Res Publica 20 (2):129-143.
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