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  1. added 2020-05-18
    A Case For Capital Punishment.W. E. Cooper - 1989 - 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 end we exhibit structural (...)
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  2. added 2020-02-11
    Death is Different: Studies in the Morality, Law, and Politics of Capital Punishment. Hugo Adam Bedau.J. H. Bogart - 1988 - Ethics 99 (1):167-168.
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  3. added 2020-02-11
    For Capital Punishment: Crime and the Morality of the Death Penalty.Hugo Adam Bedau - 1980 - Ethics 90 (3):450-452.
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  4. added 2019-11-03
    Can Capital Punishment Survive If Black Lives Matter?Michael Cholbi & Alex Madva - forthcoming - In Michael Cholbi, Brandon Hogan, Alex Madva & Benjamin Yost (eds.), The Movement for Black Lives: Philosophical Perspectives. New York:
    Drawing upon empirical studies of racial discrimination dating back to the 1940’s, the Movement for Black Lives platform calls for the abolition of capital punishment. Our purpose here is to defend the Movement’s call for death penalty abolition in terms congruent with its claim that the death penalty in the U.S. is a “racist practice” that “devalues Black lives.” We first sketch the jurisprudential history of race and capital punishment in the U.S., wherein courts have occasionally expressed worries about racial (...)
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  5. added 2019-09-04
    Some Mortal Questions.J. L. A. Garcia - 2003 - Logos: A Journal of Catholic Thought and Culture 6 (2):125-133.
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  6. added 2019-07-07
    African Values and Capital Punishment (Repr.).Thaddeus Metz - 2018 - In David R. Morrow (ed.), Moral Reasoning: A Text and Reader on Ethics and Contemporary Moral Issues. Oxford University Press. pp. 372-377.
    Reprint of a chapter first published in _African Philosophy and the Future of Africa_ (2011).
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  7. added 2019-06-14
    Why Did Aquinas Hold That Killing is Sometimes Just, But Never Lying?John Skalko - 2016 - Proceedings of the American Catholic Philosophical Association 90:227-241.
    Aquinas held that lying is always a sin, an evil action. In later terminology it falls under what would be called an intrinsically evil action. Under no circumstances can it be a good action. Following Augustine, Aquinas held that even if others must die, one must still never tell a lie. Yet when it comes to self-defense and capital punishment Aquinas’s reasoning seems at odds with itself. One may kill a man in self-defense. Similarly, just as a diseased limb may (...)
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  8. added 2019-06-06
    Abortion and Capital Punishment: A Response to Beverly Harrison: Flannagan Abortion and Capital Punishment.Matthew Flannagan - 2009 - Think 8 (21):99-103.
    Can one consistently oppose abortion on moral grounds, yet think the death penalty is morally acceptable?
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  9. added 2019-06-06
    Abortion and Capital Punishment: No Contradiction: Flannagan Abortion and Capital Punishment.Matthew Flannagan - 2008 - Think 6 (16):87-92.
    Matthew Flannagan explains why Christians can consistently both oppose abortion and support the death penalty.
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  10. added 2019-06-06
    Execution by Lethal Injection, Euthanasia, Organ‐Donation and the Proper Goals of Medicine.Jukka Varelius - 2007 - Bioethics 21 (3):140-149.
    ABSTRACTIn a recent issue of this journal, David Silver and Gerald Dworkin discuss the physicians' role in execution by lethal injection. Dworkin concludes that discussion by stating that, at that point, he is unable to think of an acceptable set of moral principles to support the view that it is illegitimate for physicians to participate in execution by lethal injection that would not rule out certain other plausible moral judgements, namely that euthanasia is under certain conditions legitimate and that organ‐donation (...)
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  11. added 2019-06-06
    5. Capital Punishment, Church Teaching, and Morality: What is John Paul II Saying to Catholics in Evangelium Vitae?S. T. D. Mark S. Latkovic - 2002 - Logos: A Journal of Catholic Thought and Culture 5 (2).
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  12. added 2019-06-06
    How (Not) to Think About the Death Penalty.Stephen Nathanson - 1997 - International Journal of Applied Philosophy 11 (2):7-10.
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  13. added 2019-06-06
    The Legitimacy of Capital Punishment in Hegel’s Philosophy of Right: A Comment.Steven J. Heyman - 1996 - The Owl of Minerva 27 (2):175-180.
    At the end of the first part of the Philosophy of Right, Hegel outlines a retributivist theory of criminal punishment. According to this view, crime is an infringement of right, a negation which itself must be negated in order to establish the actuality of right. Crime is superseded through punishment, which inflicts on the criminal an injury that is equal in magnitude or “value” to the injury inflicted by the crime itself. Nothing in this account appears to foreclose the possibility (...)
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  14. added 2019-06-06
    The Legitimacy of Capital Punishment in Hegel’s Philosophy of Right: A Reply to Heyman.Andy Hetherington - 1996 - The Owl of Minerva 27 (2):181-184.
    Hegel does not directly examine the legitimacy of capital punishment in the Philosophy of Right. There is an implication of vengeful death in the endless retribution that characterizes abstract right, and also in the potential carnage that can result from non-compliance with the prevailing order in a society based upon morality; but in terms of just punishment, which can only occur in the state, Hegel is silent on the matter of the death penalty. It is mentioned occasionally in the “additions” (...)
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  15. added 2019-06-06
    Deciding Who Decides Who Dies: Capital Punishment as a Social Choice Problem: Edward Schwartz and Warren Schwartz.Edward P. Schwartz - 1995 - Legal Theory 1 (2):113-147.
    This article is about decision making by juries in capital cases. A jury is a collection of individuals who may possess differing views about factors relevant to the task before them, but who must, nonetheless, arrive collectively at a decision. As such, the members of the jury face a classic social choice problem. We investigate how this problem is likely to be resolved under various institutional regimes, differentiated by the set of individuals who are allowed to participate and the decision (...)
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  16. added 2019-06-06
    Richard Davenport-Hines. Sex, Death and Punishment: Attitudes to Sex and Sexuality in Britain Since the Renaissance. London: Collins, 1990. Pp. Xv + 439. ISBN 0-00-217956-3. £20. [REVIEW]Deborah Brunton - 1991 - British Journal for the History of Science 24 (4):496-497.
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  17. added 2019-06-06
    Justice and Punishment. [REVIEW]E. C. R. - 1978 - Review of Metaphysics 31 (4):667-669.
    The nine essays in this volume resulted from a symposium on "criminal justice and punishment" at the University of Nebraska at Omaha, in response to concerns about the workability and defensibility of any system of punishment. Among the contributors are Professors of Philosophy, Law, and Government, and the executive director of a Law Enforcement Commission. What emerges as the central focus of the book is a predominant interest in "retributivism." As J. B. Cederblom writes in the introduction, the retributive or (...)
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  18. added 2019-06-06
    Punishing Criminals. [REVIEW]G. M. - 1977 - Review of Metaphysics 30 (3):538-539.
    As the crime rate rises and attempts to rehabilitate criminals prove unsuccessful, attacks upon recent reforms in our handling of crime increase. In this book van den Haag offers both a theory of punishment which supports traditional penal policies and factual data which show the failure of recent reforms. van den Haag claims that the main purpose of a legal system is to preserve order but that not every system that does this is acceptable. Along with preserving order, a legal (...)
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  19. added 2019-06-06
    Philosophical Perspectives on Punishment. [REVIEW]G. M. - 1973 - Review of Metaphysics 27 (2):382-383.
    Although a number of anthologies on the philosophy of punishment have been published in recent years, the inclusion of a number of important but rarely reprinted articles makes this volume a valuable addition to the field. Included are such historically important figures as Plato, Thomas Hobbes, and St. Thomas Aquinas; such rarely included figures as G. B. Shaw, Samuel Butler and Karl Marx; the important but ignored Mill-Gilpin controversy on capital punishment; and the hitherto nearly inaccessible paper by Richard Wasserstrom, (...)
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  20. added 2019-06-06
    Capital Punishment in Athens. [REVIEW]A. W. Gomme - 1937 - The Classical Review 51 (5):190-191.
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  21. added 2019-06-05
    Book Review: Capital Punishment and the Bible by Hanks Gardner C.Herald, Scottetele, 2000. 288 Pp. $16.99. ISBN 0-8361-9195-1. [REVIEW]James J. Megivern - 2003 - Interpretation: A Journal of Bible and Theology 57 (1):92-92.
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  22. added 2019-06-05
    Old World News: Is Capital Punishment Ever Ethical?Richard H. Nicholson - 1995 - Hastings Center Report 25 (4):5.
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  23. added 2019-06-05
    Book Review:Capital Punishment and the American Agenda. Franklin E. Zimring, Gordon Hawkins; Moral Theory and Capital Punishment. Tom Sorrell. [REVIEW]Stephen Nathanson - 1989 - Ethics 99 (4):964-966.
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  24. added 2019-06-03
    Kramer’s Purgative Rationale for Capital Punishment: A Critique.John Danaher - 2013 - Criminal Law and Philosophy 9 (2):225-244.
    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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  25. added 2019-02-01
    The Difficulty of Basing Death Penalty Eligibility on IQ Cutoff Scores for Mental Retardation.Tomoe Kanaya, Matthew Scullin & Stephen J. Ceci - 2003 - Ethics and Behavior 13 (1):11-17.
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  26. added 2019-02-01
    Execution Exemption Should Be Based on Actual Vulnerability, Not Disability Label.Harvey N. Switzky & Stephen Greenspan - 2003 - Ethics and Behavior 13 (1):19-26.
    Mental retardation is an invented bureaucratic category, currently undergoing radical rethinking and likely renaming, that includes many who have biologically based brain disorders, but is itself determined on functional criteria that are purely arbitrary. People with MR are socially vulnerable and thus are more likely to be "naíve confessors," "naíve defendants," and "naíve offenders." That is most likely the rationale and justification for the Supreme Court's decision, in Atkins v. Virginia, to exempt the class from execution. Although the decision is (...)
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  27. added 2019-02-01
    Straight Talk About IQ and the Death Penalty.Harrison Kane - 2003 - Ethics and Behavior 13 (1):27-33.
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  28. added 2019-01-30
    Objectivity Versus Beneficence in a Death Row Evaluation.Scott A. Freeman - 2002 - Ethics and Behavior 12 (3):295-298.
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  29. added 2018-06-01
    How Should One Live? An Introduction to Ethics and Moral Reasoning.Bradley Thames - 2018 - San Diego, CA, USA: Bridgepoint Education.
    This book provides an entry-level introduction to philosophical ethics, theories of moral reasoning, and selected issues in applied ethics. Chapter 1 describes the importance of philosophical approaches to ethical issues, the general dialectical form of moral reasoning, and the broad landscape of moral philosophy. Chapter 2 presents egoism and relativism as challenges to the presumed objectivity and unconditionality of morality. Chapters 3, 4 and 5 discuss utilitarianism, deontology, and virtue ethics, respectively. Each chapter begins with a general overview of the (...)
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  30. added 2018-05-09
    Against Capital Punishment.Benjamin S. Yost - 2019 - New York: Oxford University Press.
    _Against Capital Punishment_ offers an innovative proceduralist argument against the death penalty. Worries about procedural injustice animate many popular and scholarly objections to capital punishment. Philosophers and legal theorists are attracted to procedural abolitionism because it sidesteps controversies over whether murderers deserve death, holding out a promise of gaining rational purchase among death penalty retentionists. Following in this path, the book remains agnostic on the substantive immorality of execution; in fact, it takes pains to reconstruct the best arguments for capital (...)
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  31. added 2018-03-28
    Taking Deterrence Seriously: The Wide-Scope Deterrence Theory of Punishment.Lee Hsin-wen - 2017 - Criminal Justice Ethics 36 (1):2-24.
    A deterrence theory of punishment holds that the institution of criminal punishment is morally justified because it serves to deter crime. Because the fear of external sanction is an important incentive in crime deterrence, the deterrence theory is often associated with the idea of severe, disproportionate punishment. An objection to this theory holds that hope of escape renders even the severest punishment inapt and irrelevant. -/- This article revisits the concept of deterrence and defend a more plausible deterrence theory of (...)
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  32. added 2018-02-17
    Kant and Applied Ethics: The Uses and Limits of Kant's Practical Philosophy.Matthew C. Altman - 2011 - Wiley-Blackwell.
    _Kant and Applied Ethics_ makes an important contribution to Kant scholarship, illuminating the vital moral parameters of key ethical debates. Offers a critical analysis of Kant’s ethics, interrogating the theoretical bases of his theory and evaluating their strengths and weaknesses Examines the controversies surrounding the most important ethical discussions taking place today, including abortion, the death penalty, and same-sex marriage Joins innovative thinkers in contemporary Kantian scholarship, including Christine Korsgaard, Allen Wood, and Barbara Herman, in taking Kant’s philosophy in new (...)
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  33. added 2018-02-17
    Physician Participation in Executions: Care Giver or Executioner?Peter A. Clark - 2006 - Journal of Law, Medicine and Ethics 34 (1):95-104.
    The “medicalization” of the death penalty has ignited a debate, by those within the medical profession and by others outside it, about the appropriateness of physicians participating in state-sponsored executions. Physicians participating as “agents” of the State in executions argue that their presence ensures a more humane execution. Opponents argue physician participation violates the Hippocratic Oath which states clearly that physicians should never do harm to anyone. How any physician, who is dedicated to “preserving life when there is hope,” can (...)
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  34. added 2017-10-13
    Contractualism and the Death Penalty.Li Hon Lam - 2017 - Criminal Justice Ethics 36 (2):152-182.
    It is a truism that there are erroneous convictions in criminal trials. Recent legal findings show that 3.3% to 5%of all convictions in capital rape-murder cases in the U.S. in the 1980s were erroneous convictions. Given this fact, what normative conclusions can be drawn? First, the article argues that a moderately revised version of Scanlon’ s contractualism offers an attractive moral vision that is different from utilitarianism or other consequentialist theories, or from purely deontological theories. It then brings this version (...)
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  35. added 2017-09-12
    African Values and Capital Punishment.Thaddeus Metz - 2017 - In Gerard Walmsley (ed.), African Philosophy and the Future of Africa. Council for Research in Values and Philosophy. pp. 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 in this (...)
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  36. added 2017-02-15
    Capital Report: The Capitol Shooting No Reflex Legislation, No Long-Term Solution.Joanne Silberner - 1998 - Hastings Center Report 28 (6):5.
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  37. added 2017-02-14
    A Rationale for Punishment.J. Charles King - 1980 - Journal of Libertarian Studies 4 (2):151-154.
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  38. added 2017-02-11
    RETHINKING the Ethics of Physician Participation in Lethal Injection EXECUTION.Lawrence Nelson & Brandon Ashby - 2011 - Hastings Center Report 41 (3):28-37.
  39. added 2017-02-11
    An Eye for an Eye: Proportionality as a Moral Principle of Punishment.Morris J. Fish - 2008 - Oxford Journal of Legal Studies 28 (1):57-71.
    The lex talionis of the Old Testament has been widely perceived—understandably, but mistakenly—as a barbaric law of retribution in kind. It is better understood as a seminal expression of restraint and proportionality as moral principles of punishment. This has been recognized from the earliest times. Over the intervening centuries, the lex talionis has lost neither its moral significance nor its penal relevance. This is reflected in H.L.A. Hart's synthesis of modern retributivist and utilitarian theories of punishment and, again, in contemporary (...)
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  40. added 2017-02-11
    Crimes and Punishments.Leslie T. Wilkins - 1977 - Hastings Center Report 7 (4):4-47.
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  41. added 2017-02-09
    The Abolition of Man.John F. Dwyer - 1948 - Thought: Fordham University Quarterly 23 (2):326-327.
  42. added 2017-02-08
    The Ethics of the Elephant: Why Physician Participation in Executions Remains Unethical.Lee Black & Hilary Fairbrother - 2008 - American Journal of Bioethics 8 (10):59-61.
  43. added 2017-02-08
    Justice and Death in Sophocles.L. S. Colchester - 1942 - Classical Quarterly 36 (1-2):21-.
    Regarded aesthetically the Oedipus Coloneus is unsatisfactory. The plot is episodic, consisting of a series of incidents which, except that they involve a single hero, and are derived from the previous history of that hero or his ancestors, are unrelated. That is to say, while Sophocles has in all his other plays combined the two to perfection, he has here given his content precedence over his art. The aim of this paper is to consider one or two aspects of that (...)
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  44. added 2017-02-07
    M.D.S and Lethal Injections.Willard Gaylin - 1980 - Journal of Law, Medicine and Ethics 8 (4):2-2.
  45. added 2017-02-07
    Book Review:The Ethics of Punishment. Walter Moberly. [REVIEW]A. H. Lesser - 1969 - Ethics 79 (3):242-.
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  46. added 2017-02-07
    Book Review:Punishment Human and Divine. W. C. De Pauley. [REVIEW]A. P. Brogan - 1926 - Ethics 36 (3):313-.
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  47. added 2017-02-07
    Book Review:Punishment and Reformation: An Historical Sketch of the Rise of the Penitentiary System. Frederick Howard Wines. [REVIEW]W. D. Morrison - 1896 - Ethics 6 (4):523-.
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  48. added 2017-02-02
    Physicians and Execution: Highlights From a Discussion of Lethal Injection.Atul Gawande, Deborah W. Denno, Robert D. Truog & David Waisel - manuscript
    This article constitutes excerpts of a videotaped discussion hosted by the New England Journal of Medicine on January 14, 2008, concerning a range of topics on lethal injection prompted by the United States Supreme Court's January 7 oral arguments in Baze v. Rees. Dr. Atul Gawande moderated the roundtable that included two anesthesiologists - Dr. Robert Truog and Dr. David Waisel - as well as law professor Deborah Denno. The discussion focused on the drugs used in lethal injection executions, whether (...)
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  49. added 2017-02-02
    From Hemlock to Lethai Injection: The Case for Self-Execution.Bruce N. Waller - 1989 - International Journal of Applied Philosophy 4 (4):53-58.
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  50. added 2017-01-29
    Capital Crimes.George Winslow - 2002 - Science and Society 66 (2):297-300.
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