Criminal Justice Ethics 21 (2):40-43 (2002)
Authors |
|
Abstract |
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) |
DOI | 10.1080/0731129X.2002.9992128 |
Options |
![]() ![]() ![]() ![]() |
Download options
References found in this work BETA
The Minimal Invasion Argument Against the Death Penalty.Hugo Adam Bedau - 2002 - Criminal Justice Ethics 21 (2):3-8.
A Sound Retributive Argument for the Death Penalty.Michael Davis - 2002 - Criminal Justice Ethics 21 (2):22-26.
Citations of this work BETA
No citations found.
Similar books and articles
Measure for Measure: Justice in Punishment and the Sentence of Death.Oliver O'Donovan - 1977 - Grove Books.
Retributivist Arguments Against Capital Punishment.Thom Brooks - 2004 - Journal of Social Philosophy 35 (2):188–197.
Should the Death Penalty Be Abolished? Arguments for and Against the Centuries-Old Punishment.Adina Nicoleta Gavrilă - 2011 - Journal for Communication and Culture 1 (2):82-98.
Ordinal Proportionality in Punishment: A Case Against Capital Punishment for Child Rape Under the Eighth Amendment.Issa Kohler-Hausmann - manuscript
Death Penalties: A Review of Raoul Berger, Death Penalties. [REVIEW]William A. Edmundson - 1984 - Duke Law Journal 1984:624-29.
Death as Punishment: An Analysis of Eight Arguments Against Capital Punishment.Dawinder S. Sidhu - manuscript
A Retributive Argument Against Punishment.Greg Roebuck & David Wood - 2011 - Criminal Law and Philosophy 5 (1):73-86.
Desert, Justice and Capital Punishment.Patrick Lenta & Douglas Farland - 2008 - Criminal Law and Philosophy 2 (3):273-290.
Analytics
Added to PP index
2010-08-24
Total views
78 ( #130,153 of 2,421,431 )
Recent downloads (6 months)
1 ( #544,098 of 2,421,431 )
2010-08-24
Total views
78 ( #130,153 of 2,421,431 )
Recent downloads (6 months)
1 ( #544,098 of 2,421,431 )
How can I increase my downloads?
Downloads