Search results for 'capital punishment' (try it on Scholar)

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  1. Benjamin S. Yost (2011). The Irrevocability of Capital Punishment. Journal of Social Philosophy 42 (3):321-340.
    One of the many arguments against capital punishment is that execution is irrevocable. At its most simple, the argument has three premises. First, legal institutions should abolish penalties that do not admit correction of error, unless there are no alternative penalties. Second, irrevocable penalties are those that do not admit of correction. Third, execution is irrevocable. It follows that capital punishment should be abolished. This paper argues for the third premise. One might think that the truth (...)
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  2. 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 (...)
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  3. Benjamin Yost (2011). Responsibility and Revision: A Levinasian Argument for the Abolition of Capital Punishment. Continental Philosophy Review 44 (1):41-64.
    Most readers believe that it is difficult, verging on the impossible, to extract concrete prescriptions from the ethics of Emmanuel Levinas. Although this view is largely correct, Levinas’ philosophy can, with some assistance, generate specific duties on the part of legal actors. In this paper, I argue that the fundamental premises of Levinas’ theory of justice can be used to construct a prohibition against capital punishment. After analyzing Levinas’ concepts of justice, responsibility, and interruption, I turn toward his (...)
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  4. 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 (...)
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  5. Christian Coons & Noah Levin (2011). The Dead Donor Rule, Voluntary Active Euthanasia, and Capital Punishment. Bioethics 25 (5):236-243.
    We argue that the dead donor rule, which states that multiple vital organs should only be taken from dead patients, is justified neither in principle nor in practice. We use a thought experiment and a guiding assumption in the literature about the justification of moral principles to undermine the theoretical justification for the rule. We then offer two real world analogues to this thought experiment, voluntary active euthanasia and capital punishment, and argue that the moral permissibility of terminating (...)
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  6.  73
    Jimmy Chia-Shin Hsu (2015). Does Communicative Retributivism Necessarily Negate Capital Punishment? Criminal Law and Philosophy 9 (4):603-617.
    Does communicative retributivism necessarily negate capital punishment? My answer is no. I argue that there is a place, though a very limited and unsettled one, for capital punishment within the theoretical vision of communicative retributivism. The death penalty, when reserved for extravagantly evil murderers for the most heinous crimes, is justifiable by communicative retributive ideals. I argue that punishment as censure is a response to the preceding message sent by the offender through his criminal act. (...)
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  7. Patrick Lenta & Douglas Farland (2008). Desert, Justice and Capital Punishment. Criminal Law and Philosophy 2 (3):273-290.
    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 (...)
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  8.  8
    G. P. Marcar (2015). Another Look at Aquinas's Objections to Capital Punishment. New Blackfriars 97 (1067):n/a-n/a.
    According to Thomas Aquinas, a sovereign government may legitimately execute sinners in pursuance of the common good. Aquinas outlines his defence of Capital Punishment in the Summa Theologica 2–2, q.64, a.2 and the Summa Contra Gentiles, Book 3, Chapter 146. Aquinas's stance on this issue is well known and his argument in favour of CP has been extensively discussed. This article will focus instead on the objections Aquinas raises to the institution of CP in the ST and SCG, (...)
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  9.  49
    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 (...)
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  10.  22
    Christopher P. Ferbrache (2014). Capital Punishment: Its Lost Appeal? Essays in the Philosophy of Humanism 21 (2):75-89.
    A large proportion of the population thinks that capital punishment is a reasonable method to reduce crime and punish those who have been convicted of a capital crime. I discuss aspects to the philosophy of capital punishment, and analyze factual elements of murder conviction processes, to significantly cast doubt on the pro-capital punishment argument. In order to measure the true value and need for capital punishment, one must analyze pro capital (...)
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  11.  26
    Rosalind S. Simson (2001). Does Capital Punishment Deter Homicide?: A Case Study Of Epistemological Objectivity. Metaphilosophy 32 (3):293-307.
    This paper uses the debate about whether capital punishment deters homicide as a case study for examining the claim, made by many feminists and others, that the traditional ideal of objectivity in seeking knowledge is misguided. According to this ideal, knowledge seekers should strive to gather and assess evidence independently of any influences exerted by either their individual and societal circumstances or their moral values. This paper argues that, although the traditional ideal rests on some valid precepts, it (...)
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  12.  58
    Joseph B. R. Gaie (2004). The Ethics of Medical Involvement in Capital Punishment: A Philosophical Discussion. Kluwer Academic.
    This book examines the extremely important issue of the consistency of medical involvement in ending lives in medicine, law and war. It uses philosophical theory to show why medical doctors may be involved at different stages of the capital punishment process. The author uses the theories of Emmanuel Kant and John S. Mill, combined with Gerwith's principle of generic consistency, to concretize ethics in capital punishment practice. This book does not discuss the moral justification of (...) punishment, but rather looks at the possible forms of involvement and shows why consistency would demand medical involvement. The author takes a general approach, using arguments that may apply universally. The book broaches different academic fields, such as medicine, ethics, business, politics and defense. The Ethics of Medical Involvement in Capital Punishment is of interest to students, teachers, lecturers and researchers working in the areas of capital punishment, medical, legal and business ethics, and political philosophy. (shrink)
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  13. G. P. Marcar (2016). Another Look at Aquinas's Objections to Capital Punishment. New Blackfriars 97 (1069):289-307.
    According to Thomas Aquinas, a sovereign government may legitimately execute sinners in pursuance of the common good. Aquinas outlines his defence of Capital Punishment in the Summa Theologica 2–2, q.64, a.2 and the Summa Contra Gentiles, Book 3, Chapter 146. Aquinas's stance on this issue is well known and his argument in favour of CP has been extensively discussed. This article will focus instead on the objections Aquinas raises to the institution of CP in the ST and SCG, (...)
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  14. John Danaher (2013). Kramer's Purgative Rationale for Capital Punishment: A Critique. Criminal Law and Philosophy (2):1-20.
    Matthew Kramer has recently defended a novel justification for the death penalty, something he calls the purgative rationale. According to this rationale, the death penalty can be justifiably implemented if it is necessary in order to purge defilingly evil offenders from a moral community. Kramer claims that this rationale overcomes the problems associated with traditional rationales for the death penalty. Although Kramer is to be commended for carving out a novel niche in a well-worn dialectical space, I argue that his (...)
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  15.  29
    David M. Adams (2016). Belief and Death: Capital Punishment and the Competence-for-Execution Requirement. Criminal Law and Philosophy 10 (1):17-30.
    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 —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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  16.  3
    Timothy F. Murphy (2005). Physicians, Medical Ethics, and Capital Punishment. Journal of Clinical Ethics 16 (2):160.
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  17. Author unknown, Capital Punishment. Internet Encyclopedia of Philosophy.
     
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  18.  29
    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 (...)
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  19. Matthew H. Kramer (2011). The Ethics of Capital Punishment: A Philosophical Investigation of Evil and its Consequences. OUP Oxford.
    Taking a fresh look at a central controversy in criminal law theory, The Ethics of Capital Punishment presents a rationale for the death penalty grounded in a theory of the nature of evil and the nature of defilement. Original, unsettling, and deeply controversial, it will be an essential reference point for future debates on the subject.
     
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  20.  24
    Radu Stancu (2014). The Political Use of Capital Punishment as a Legitimation Strategy of the Communist Regime in Romania, 1944-1958. History of Communism in Europe 5:106-130.
    In this article, I will describe the evolution of capital punishment and the influence that ideology had during the founding years of Romania’s communist regime, until 1958, when the legislation and application of capital punishment reached its highest peak. Starting with the punishment of war criminals and fascists, I will then describe how the death penalty was used for political motives in a period when the regime had to consolidate, legitimate and fight different enemies. With (...)
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  21. David Garland (2007). The Peculiar Forms of American Capital Punishment. Social Research: An International Quarterly 74 (2):435-464.
    There are two puzzles that confront observers of American capital punishment at the start of the 21st century. One concerns the legal and administrative arrangements through which it is enacted, which strike many commentators as irrational, or at least poorly adapted to the traditional ends of criminal justice. The other concerns the persistence of capital punishment in the USA in a period when comparable nations have decisively abandoned its use. In this essay, I will address both (...)
     
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  22. Michael Cholbi (2006). Race, Capital Punishment, and the Cost of Murder. Philosophical Studies 127 (2):255 - 282.
    Numerous studies indicate that racial minorities are both more likely to be executed for murder and that those who murder them are less likely to be executed than if they murder whites. Death penalty opponents have long attempted to use these studies to argue for a moratorium on capital punishment. Whatever the merits of such arguments, they overlook the fact that such discrimination alters the costs of murder; racial discrimination imposes higher costs on minorities for murdering through tougher (...)
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  23.  28
    Carol S. Steiker (2015). Can/Should We Purge Evil Through Capital Punishment? Criminal Law and Philosophy 9 (2):367-378.
    Matthew Kramer’s The Ethics of Capital Punishment: A Philosophical Investigation of Evil and its Consequences explores the morality of capital punishment and develops his own “purgative rationale” in support of the practice. I present my objections to Kramer’s purgative rationale and trace our disagreement to differences over the nature of evil, the autonomy of human character formation, and the concept of defilement.
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  24. Thaddeus Metz (2011). 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.
    What is the strongest argument grounded in African values, i.e., those salient among indigenous peoples below the Sahara desert, for abolishing capital punishment? I defend a particular answer to this question, one that invokes an under-theorized conception of human dignity. Roughly, I maintain that the death penalty is nearly always morally unjustified, and should therefore be abolished, because it degrades people’s special capacity for communal relationships. To defend this claim, I proceed by clarifying what I aim to achieve (...)
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  25.  55
    Thomas W. Satre (1991). Human Dignity and Capital Punishment. Journal of Philosophical Research 16:233-250.
    This paper reviews the concept of human dignity as it has evolved in recent decisions by the United States Supreme Court, and the paper then sketches a “rights based” theory of human dignity. Among the principles of human dignity is a principle of compensation for mistakes in the treatment of any person. A broad concept of mistake is outlined, and, in terms of this concept and the principles of dignity, the practice of capital punishment is examined. An argument (...)
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  26.  53
    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 (...)
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  27.  46
    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 (...)
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  28.  12
    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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  29.  16
    W. E. Cooper & John King-Farlow (1989). A Case for Capital Punishment. Journal of Social Philosophy 20 (3):64-76.
    We shall argue that there is adequate moral justification for capital punishment with linkage, that is, with linkage to keeping non-murderers from dying. We present the argument with two aims in mind. The first is to question the conventional wisdom, seldom challenged even by proponents of capital punishment, that being an abolitionist is closely connected to having a civilized respect for human life. This conventional wisdom, we hope to show, is somewhat off the mark. To this (...)
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  30.  2
    M. Cholbi (2006). Race, Capital Punishment, and the Cost of Murder. Philosophical Studies 127 (2):255-282.
    Numerous studies indicate that racial minorities are both more likely to be executed for murder and that those who murder them are less likely to be executed than if they murder whites. Death penalty opponents have long attempted to use these studies to argue for a moratorium on capital punishment. Whatever the merits of such arguments, they overlook the fact that such discrimination alters the costs of murder; racial discrimination imposes higher costs on minorities for murdering through tougher (...)
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  31.  7
    David McCord (2013). “Sociology, I'd Like You to Meet Capital Punishment”. Criminal Justice Ethics 32 (1):51-66.
    The American death penalty is peculiar insofar as it is the only capital punishment system still in use in the West. It is peculiar insofar as the forms through which it is now enacted seem ambivalent and poorly adapted to the stated purposes of criminal justice. And it is peculiar insofar as it seems, somehow, to be connected to the South's ?peculiar institution? of slavery and its legacy of racial violence, though the precise relationship is by no means (...)
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  32.  10
    Paul Litton (2013). Physician Participation in Executions, the Morality of Capital Punishment, and the Practical Implications of Their Relationship. Journal of Law, Medicine & Ethics 41 (1):333-352.
    Evidence that some executed prisoners suffered excruciating pain has reinvigorated the ethical debate about physician participation in executions. In widely publicized litigation, death row inmates argue that participation of anesthesiologists in their execution is constitutionally required to minimize the risk of unnecessary suffering. For many years, commentators supported the ethical ban on physician participation reflected in codes of professional medical organizations. However, a recent wave of scholarship concurs with inmate advocates, urging the law to require or permit physician participation. Both (...)
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  33.  10
    David Cockburn (1991). Capital Punishment and Realism. Philosophy 66 (256):177 - 190.
    In its treatment of capital punishment Amnesty International gives a central place to the suffering of the prisoner. Two quite distinct forms of suffering are relevant here. There is the psychological anguish of the person awaiting execution; and there is the physical suffering which may be involved in the execution itself. It is suggested that if we reflect clearly on this suffering we will conclude that the death penalty involves cruelty of a kind which makes it quite unacceptable. (...)
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  34. E. Christian Brugger (2014). Capital Punishment and Roman Catholic Moral Tradition, Second Edition. University of Notre Dame Press.
    Why is the Catholic Church against the death penalty? This second edition of Brugger’s classic work _Capital Punishment and Roman Catholic Moral Tradition_ traces the doctrinal path the Church has taken over the centuries to its present position as the world’s largest and most outspoken opponent of capital punishment. The pontificate of John Paul II marked a watershed in Catholic thinking. The pope taught that the death penalty is and can only be rightly assessed as a form (...)
     
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  35. Craig Haney (2005). Death by Design: Capital Punishment as a Social Psychological System. Oxford University Press Usa.
    How can otherwise normal, moral persons - as citizens, voters, and jurors - participate in a process that is designed to take the life of another? In DEATH BY DESIGN, research psychologist Craig Haney argues that capital punishment, and particularly the sequence of events that lead to death sentencing itself, is maintained through a complex and elaborate social psychological system that distances and disengages us from the true nature of the task. Relying heavily on his own research and (...)
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  36. Dale Jacquette (2008). Dialogues on the Ethics of Capital Punishment. Rowman & Littlefield Publishers.
    One in the series New Dialogues in Philosophy, edited by the author himself, Dale Jacquette presents a fictional dialogue over a three-day period on the ethical complexities of capital punishment. Jacquette moves his readers from outlining basic issues in matters of life and death, to questions of justice and compassion, with a concluding dialogue on the conditional and unconditional right to life. Jacquette's characters talk plainly and thoughtfully about the death penalty, and readers are left to determine for (...)
     
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  37. Dale Jacquette (2009). Dialogues on the Ethics of Capital Punishment. Rowman & Littlefield Publishers.
    One in the series New Dialogues in Philosophy, edited by the author himself, Dale Jacquette presents a fictional dialogue over a three-day period on the ethical complexities of capital punishment. Jacquette moves his readers from outlining basic issues in matters of life and death, to questions of justice and compassion, with a concluding dialogue on the conditional and unconditional right to life. Jacquette's characters talk plainly and thoughtfully about the death penalty, and readers are left to determine for (...)
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  38. Matthew Kramer (2014). The Ethics of Capital Punishment: A Philosophical Investigation of Evil and its Consequences. OUP Oxford.
    Taking a fresh look at a central controversy in criminal law theory, The Ethics of Capital Punishment presents a rationale for the death penalty grounded in a theory of the nature of evil and the nature of defilement. Original, unsettling, and deeply controversial, it will be an essential reference point for future debates on the subject.
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  39.  80
    Nelson T. Potter (2002). Kant and Capital Punishment Today. Journal of Value Inquiry 36 (2-3):267-282.
    We will consider alternative ways that Kant’s philosophical views on ethics generally and on punishment more particularly could be brought into harmony with the present near consensus of opposition to the death penalty. We will make use of the notion of the contemporary consensus about certain issues, particularly equality of the sexes and the death penalty, found in widespread agreement, though not unanimity. Of course, it is always possible that some consensuses are wrong, or misguided, or mistaken. We should (...)
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  40.  78
    James J. Megivern (forthcoming). Book Review: Capital Punishment and the Bible. [REVIEW] Interpretation 57 (1):92-92.
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  41. John Stuart Mill, Speech in Favor of Capital Punishment.
     
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  42.  58
    Thaddeus Metz (2010). Human Dignity, Capital Punishment, and an African Moral Theory: Toward a New Philosophy of Human Rights. Journal of Human Rights 9 (1):81-99.
    In this article I spell out a conception of dignity grounded in African moral thinking that provides a plausible philosophical foundation for human rights, focusing on the particular human right not to be executed by the state. I first demonstrate that the South African Constitutional Court’s sub-Saharan explanations of why the death penalty is degrading all counterintuitively entail that using deadly force against aggressors is degrading as well. Then, I draw on one major strand of Afro-communitarian thought to develop a (...)
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  43.  31
    M. B. Crowe (1964). Capital Punishment. Philosophical Studies 13:233-234.
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  44.  53
    Alison Reiheld (2014). BOOK REVIEW: Technologies of Life and Death: From Cloning to Capital Punishment by Kelly Oliver. [REVIEW] Environmental Values 23 (2).
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  45. W. J. Roberts (1905). The Abolition of Capital Punishment. International Journal of Ethics 15 (3):263-286.
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  46. Thomas A. Long (1973). Capital Punishment-"Cruel and Unusual"? Ethics 83 (3):214-223.
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  47. Daniel McDermott (2001). A Retributivist Argument Against Capital Punishment. Journal of Social Philosophy 32 (3):317–333.
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  48.  4
    Thaddeus Metz (2010). Human Dignity, Capital Punishment, and an African Moral Theory. In Luis Arroyo, Paloma Biglino & William Schabas (eds.), Towards Universal Abolition of the Death Penalty. Tirant Lo Blanch 337-366.
    In this chapter, a reprint of an article initially appearing in the Journal of Human Rights (2010), I spell out a conception of dignity grounded on African moral thinking that provides a plausible philosophical foundation for human rights, focusing on the particular human right not to be executed by the state. I first demonstrate that the South African Constitutional Court’s sub-Saharan explanations of why the death penalty is degrading all counterintuitively entail that using deadly force against aggressors is degrading as (...)
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  49. Robert S. Gerstein (1974). Capital Punishment-"Cruel and Unusal"?: A Retributivist Response. Ethics 85 (1):75-79.
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  50. Burton Leiser (2001). Capital Punishment and Retributive Justice. Free Inquiry 21.
     
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