David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
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|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Corey Brettschneider (2007). The Rights of the Guilty. Political Theory 35 (2):175-199.
William A. Edmundson (2002). Afterword: Proportionality and the Difference Death Makes. Criminal Justice Ethics 21 (2):40-43.
Steve Aspenson (2013). The Rescue Defence of Capital Punishment. Ratio 26 (1):91-105.
Adina Nicoleta Gavrilă (2011). Should the Death Penalty Be Abolished? Arguments for and Against the Centuries-Old Punishment. Journal for Communication and Culture 1 (2):82-98.
Thaddeus Metz (2012). African Values and Capital Punishment. In Gerard Walmsley (ed.), African Philosophy and the Future of Africa. Council for Research in Values and Philosophy. 83-90.
Oliver O'Donovan (1977). Measure for Measure: Justice in Punishment and the Sentence of Death. Grove Books.
A. John Simmons (2009). Locke on the Death Penalty. Philosophy 69 (270):471-.
Michael Cholbi (2006). Race, Capital Punishment, and the Cost of Murder. Philosophical Studies 127 (2):255 - 282.
Thom Brooks (2004). Retributivist Arguments Against Capital Punishment. Journal of Social Philosophy 35 (2):188–197.
Added to index2010-08-10
Total downloads73 ( #23,580 of 1,410,434 )
Recent downloads (6 months)4 ( #57,804 of 1,410,434 )
How can I increase my downloads?