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

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  1. Attila Ataner (2006). Kant on Capital Punishment and Suicide. Kant-Studien 97 (4):452-482.score: 240.0
    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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  2. Thom Brooks (2004). Retributivist Arguments Against Capital Punishment. Journal of Social Philosophy 35 (2):188–197.score: 240.0
    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 S. Yost (2011). The Irrevocability of Capital Punishment. Journal of Social Philosophy 42 (3):321-340.score: 240.0
    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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  4. Benjamin Yost (2011). Responsibility and Revision: A Levinasian Argument for the Abolition of Capital Punishment. Continental Philosophy Review 44 (1):41-64.score: 240.0
    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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  5. Christian Coons & Noah Levin (2011). The Dead Donor Rule, Voluntary Active Euthanasia, and Capital Punishment. Bioethics 25 (5):236-243.score: 240.0
    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. Patrick Lenta & Douglas Farland (2008). Desert, Justice and Capital Punishment. Criminal Law and Philosophy 2 (3):273-290.score: 240.0
    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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  7. Joseph B. R. Gaie (2004). The Ethics of Medical Involvement in Capital Punishment: A Philosophical Discussion. Kluwer Academic.score: 240.0
    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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  8. Peter Brian Barry (forthcoming). Capital Punishment as a Response to Evil. Criminal Law and Philosophy:1-20.score: 240.0
    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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  9. Jimmy Chia-Shin Hsu (2013). Does Communicative Retributivism Necessarily Negate Capital Punishment? Criminal Law and Philosophy:1-15.score: 240.0
    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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  10. Christopher P. Ferbrache (2014). Capital Punishment: Its Lost Appeal? Essays in the Philosophy of Humanism 21 (2):75-89.score: 240.0
    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. David M. Adams (forthcoming). Belief and Death: Capital Punishment and the Competence-for-Execution Requirement. Criminal Law and Philosophy:1-14.score: 216.0
    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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  12. John Danaher (2013). Kramer's Purgative Rationale for Capital Punishment: A Critique. [REVIEW] Criminal Law and Philosophy:1-20.score: 210.0
    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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  13. Rosalind S. Simson (2001). Does Capital Punishment Deter Homicide?: A Case Study Of Epistemological Objectivity. Metaphilosophy 32 (3):293-307.score: 210.0
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  14. Author unknown, Capital Punishment. Internet Encyclopedia of Philosophy.score: 210.0
     
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  15. Christopher Bennett (2013). Considering Capital Punishment as a Human Interaction. Criminal Law and Philosophy 7 (2):367-382.score: 192.0
    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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  16. Michael Cholbi (2006). Race, Capital Punishment, and the Cost of Murder. Philosophical Studies 127 (2):255 - 282.score: 180.0
    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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  17. Steve Aspenson (2013). The Rescue Defence of Capital Punishment. Ratio 26 (1):91-105.score: 180.0
    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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  18. Thom Brooks (2010). The Bible and Capital Punishment. Philosophy and Theology 22 (1/2):279-283.score: 180.0
    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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  19. Thomas W. Satre (1991). Human Dignity and Capital Punishment. Journal of Philosophical Research 16:233-250.score: 180.0
    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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  20. 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.score: 180.0
    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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  21. Carol S. Steiker (2013). Can/Should We Purge Evil Through Capital Punishment? Criminal Law and Philosophy:1-12.score: 180.0
    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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  22. Paul Litton (2013). Physician Participation in Executions, the Morality of Capital Punishment, and the Practical Implications of Their Relationship. Journal of Law, Medicine and Ethics 41 (1):333-352.score: 180.0
    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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  23. Jeffrey H. Barker (1996). Capital Punishment in the New Europe. The European Legacy 1 (2):812-819.score: 180.0
    (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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  24. Matthew H. Kramer (2011). The Ethics of Capital Punishment: A Philosophical Investigation of Evil and its Consequences. OUP Oxford.score: 180.0
    Debate has long been waged over the morality of capital punishment, with standard arguments in its favour being marshalled against familiar arguments that oppose the practice. In The Ethics of Capital Punishment, Matthew Kramer takes a fresh look at the philosophical arguments on which the legitimacy of the death penalty stands or falls, and he develops a novel justification of that penalty for a limited range of cases. -/- The book pursues both a project of critical (...)
     
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  25. David McCord (2013). “Sociology, I'd Like You to Meet Capital Punishment”. Criminal Justice Ethics 32 (1):51-66.score: 180.0
    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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  26. Nelson T. Potter (2002). Kant and Capital Punishment Today. Journal of Value Inquiry 36 (2-3):267-282.score: 156.0
    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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  27. John Stuart Mill, Speech in Favor of Capital Punishment.score: 150.0
     
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  28. Robert S. Gerstein (1974). Capital Punishment-"Cruel and Unusal&Quot;?: A Retributivist Response. Ethics 85 (1):75-79.score: 150.0
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  29. Daniel McDermott (2001). A Retributivist Argument Against Capital Punishment. Journal of Social Philosophy 32 (3):317–333.score: 150.0
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  30. Scott D. Gelfand (2004). The Ethics of Care and (Capital?) Punishment. Law and Philosophy 23 (6):593 - 614.score: 150.0
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  31. David A. Conway (1974). Capital Punishment and Deterrence: Some Considerations in Dialogue Form. Philosophy and Public Affairs 3 (4):431-443.score: 150.0
  32. Philip E. Devine (2000). Capital Punishment and the Sanctity of Life. Midwest Studies in Philosophy 24 (1):229–243.score: 150.0
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  33. Gary Colwell (2002). Capital Punishment, Restoration and Moral Rightness. Journal of Applied Philosophy 19 (3):287–292.score: 150.0
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  34. Steven Goldberg (1974). On Capital Punishment. Ethics 85 (1):67-74.score: 150.0
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  35. Michael Clark (2004). Mill on Capital Punishment--Retributive Overtones? Journal of the History of Philosophy 42 (3):327-332.score: 150.0
  36. Thomas A. Long (1973). Capital Punishment-"Cruel and Unusual"? Ethics 83 (3):214-223.score: 150.0
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  37. 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.score: 150.0
    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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  38. Thomas Hurka (1982). Rights and Capital Punishment. Dialogue 21 (04):647-660.score: 150.0
  39. Margaret Atkins (2006). Capital Punishment and Roman Catholic Moral Tradition by E. Christian Brugger. Heythrop Journal 47 (4):664–666.score: 150.0
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  40. W. J. Roberts (1905). The Abolition of Capital Punishment. International Journal of Ethics 15 (3):263-286.score: 150.0
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  41. D. S. (2004). The Ethics of Care and (Capital?) Punishment. Law and Philosophy 23 (6):593-614.score: 150.0
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  42. Hugo Adam Bedau (1980). Book Review:For Capital Punishment: Crime and the Morality of the Death Penalty. Walter Berns. [REVIEW] Ethics 90 (3):450-.score: 150.0
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  43. Eric Reitan (1993). Why the Deterrence Argument for Capital Punishment Fails. Criminal Justice Ethics 12 (1):26-33.score: 150.0
  44. Daniel Gordon (1999). Capital Punishment for Murderous Theorists? History and Theory 38 (3):378–388.score: 150.0
  45. J. D. Charles (1993). Outrageous Atrocity or Moral Imperative?: The Ethics of Capital Punishment. Studies in Christian Ethics 6 (2):1-14.score: 150.0
  46. Matthew J. Kelly & George Schedler (1978). Capital Punishment and Rehabilitation. Philosophical Studies 34 (3):329 - 331.score: 150.0
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  47. Tom Sorell (1993). Aggravated Murder and Capital Punishment. Journal of Applied Philosophy 10 (2):201-213.score: 150.0
    It is possible to defend the death penalty for aggravated murder in more than one way, and not every defence is equally compelling. The paper takes up arguments put forward by two very distinguished advocates of the death penalty, Mill and Kant. After reviewing Mill's argument and some weaknesses in it, I shall sketch another line of reasoning that combines his conclusion with premisses to be found in Kant. The hybrid argument provides at least the basis for a sound defence (...)
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  48. David Heyd (1991). Hobbes on Capital Punishment. History of Philosophy Quarterly 8 (2):119 - 134.score: 150.0
  49. Seana Valentine Shiffrin (2002). Caution About Character Ideals and Capital Punishment: A Reply to Sorell. Criminal Justice Ethics 21 (2):35-39.score: 150.0
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  50. Richard Wasserstrom (1982). Capital Punishment as Punishment: Some Theoretical Issues and Objections. Midwest Studies in Philosophy 7 (1):473-502.score: 150.0
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