David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Criminal Justice Ethics 21 (2):40-43 (2002)
Proponents and opponents of the death penalty both typically assume that punishment, in some form or other, is justified, somehow or other, and that just punishment must in some sense be proportionate to the crime. These shared assumptions turn out to embarrass both parties. Proponents have to explain why certain prima facie proportionate punishments, such as torture, are off the table, while death remains, so to speak, on it. Opponents have to explain why their favored alternatives to capital punishment, such as life without parole, are both proportionate to the worst crimes and not as bad as death. The commitment to proportionality makes trouble for both sides of the issue, and its resolution is unlikely until there is a satisfactory general account of proportionality in punishing. Such an account is nowhere in sight.
|Keywords||Capital punishment Death penalty proportionality punishment|
|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
Hugo Adam Bedau (2002). The Minimal Invasion Argument Against the Death Penalty. Criminal Justice Ethics 21 (2):3-8.
Claire Finkelstein (2002). Death and Retribution. Criminal Justice Ethics 21 (2):12-21.
Tom Sorell (2002). Two Ideals and the Death Penalty. Criminal Justice Ethics 21 (2):27-35.
Michael Davis (2002). A Sound Retributive Argument for the Death Penalty. Criminal Justice Ethics 21 (2):22-26.
Citations of this work BETA
No citations found.
Similar books and articles
Oliver O'Donovan (1977). Measure for Measure: Justice in Punishment and the Sentence of Death. Grove Books.
Attila Ataner (2006). Kant on Capital Punishment and Suicide. Kant-Studien 97 (4):452-482.
Greg Roebuck & David Wood (2011). A Retributive Argument Against Punishment. Criminal Law and Philosophy 5 (1):73-86.
Marguerite la Caze (2009). Derrida: Opposing Death Penalties. Derrida Today 2 (2):186-199.
William A. Edmundson (1984). Death Penalties: A Review of Raoul Berger, Death Penalties. [REVIEW] Duke Law Journal 1984:624-29.
Issa Kohler-Hausmann, Ordinal Proportionality in Punishment: A Case Against Capital Punishment for Child Rape Under the Eighth Amendment.
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.
Thom Brooks (2004). Retributivist Arguments Against Capital Punishment. Journal of Social Philosophy 35 (2):188–197.
Patrick Lenta & Douglas Farland (2008). Desert, Justice and Capital Punishment. Criminal Law and Philosophy 2 (3):273-290.
Added to index2010-08-24
Total downloads28 ( #111,105 of 1,726,249 )
Recent downloads (6 months)3 ( #231,316 of 1,726,249 )
How can I increase my downloads?