Results for 'Death penalty'

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  1. The Death Penalty: For and Against.Jeffrey Reiman & Louis P. Pojman - 1997 - Rowman & Littlefield Publishers.
    Two distinguished social and political philosophers take opposing positions in this highly engaging work. Louis P. Pojman justifies the practice of execution by appealing to the principle of retribution while Jeffrey Reiman argues that although the death penalty is a just punishment for murder, we are not morally obliged to execute murderers.
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  2. The Death Penalty and Deontology.Carol Steiker - 2011 - In John Deigh & David Dolinko (eds.), The Oxford Handbook of the Philosophy of the Criminal Law. Oxford University Press.
     
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  3.  63
    Derrida and the Death Penalty: The Question of Cruelty.Robert Trumbull - 2015 - Philosophy Today 59 (2):317-336.
    This paper looks at the recently published text of Derrida’s 1999–2000 Death Penalty Seminars, reading it alongside a key text from the early 2000s, Derrida’s address to the Estates General of Psychoanalysis. Tracking Derrida’s insistent references to psychoanalysis in his writings on the issue of capital punishment, I argue that the deconstruction of the death penalty, in its full scope, can perhaps best be approached in the terms emerging out of Derrida’s engagement with psychoanalysis in this (...)
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  4. Consequentialism and the Death Penalty.Dominic J. Wilkinson & Thomas Douglas - 2008 - American Journal of Bioethics 8 (10):56-58.
    Comment on "The ethical 'elephant' in the death penalty 'room'". Arguments in defense of the death penalty typically fall into one of two groups. Consequentialist arguments point out beneficial aspects of capital punishment, normally focusing on deterrence, while non-consequentialist arguments seek to justify execution independently of its effects, for example, by appealing to the concept of retribution. Michael Keane's target article "The ethical 'elephant' in the death penalty 'room'" should, we believe, be read as (...)
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  5. Black Lives Matter and the Call for Death Penalty Abolition.Michael Cholbi & Alex Madva - 2018 - Ethics 128 (3):517-544.
    The Black Lives Matter movement has called for the abolition of capital punishment in response to what it calls “the war against Black people” and “Black communities.” This article defends the two central contentions in the movement’s abolitionist stance: first, that US capital punishment practices represent a wrong to black communities rather than simply a wrong to particular black capital defendants or particular black victims of murder, and second, that the most defensible remedy for this wrong is the abolition of (...)
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  6. Justice, Civilization, and the Death Penalty: Answering Van den Haag.Jeffrey H. Reiman - 1985 - Philosophy and Public Affairs 14 (2):115-148.
  7.  16
    The Death Penalty in America.Hugo Adam Bedau - 1965 - Ethics 76 (1):63-66.
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  8. The Death Penalty Debate: Four Problems and New Philosophical Perspectives.Masaki Ichinose - June 2017 - Journal of Practical Ethics 5 (1):53-80.
    This paper aims at bringing a new philosophical perspective to the current debate on the death penalty through a discussion of peculiar kinds of uncertainties that surround the death penalty. I focus on laying out the philosophical argument, with the aim of stimulating and restructuring the death penalty debate. I will begin by describing views about punishment that argue in favour of either retaining the death penalty (‘retentionism’) or abolishing it (‘abolitionism’). I (...)
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  9. Kant's Justification of the Death Penalty Reconsidered.Benjamin S. Yost - 2010 - Kantian Review 15 (2):1-27.
    This paper argues that Immanuel Kant’s practical philosophy contains a coherent, albeit implicit, defense of the legitimacy of capital punishment, one that refutes the most important objections leveled against it. I first show that Kant is consistent in his application of the ius talionis. I then explain how Kant can respond to the claim that death penalty violates the inviolable right to life. To address the most significant objection – the claim that execution violates human dignity – I (...)
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  10. Death Penalties: A Review of Raoul Berger, Death Penalties. [REVIEW]William A. Edmundson - 1984 - Duke Law Journal 1984:624-29.
    This is a critical review of Death Penalties by constitutional scholar Raoul Berger. It rebuts Berger's argument that the Eighth Amendment "no cruel and unusual punishments" clause validates capital punishment.
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  11.  10
    Contractualism and the Death Penalty.Li Hon-Lam - 2017 - Criminal Justice Ethics 36 (2):152-182.
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  12.  24
    Death Penalty: The Political Foundations of the Global Trend Towards Abolition. [REVIEW]Eric Neumayer - 2008 - Human Rights Review 9 (2):241-268.
    The death penalty is like no other punishment. Its continued existence in many countries of the world creates political tensions within these countries and between governments of retentionist and abolitionist countries. After the Second World War, more and more countries have abolished the death penalty. This article argues that the major determinants of this global trend towards abolition are political, a claim which receives support in a quantitative cross-national analysis from 1950 to 2002. Democracy, democratisation, international (...)
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  13.  30
    The Death Penalty Divides the West.Danilo Zolo - 2009 - Iris. European Journal of Philosophy and Public Debate 1 (1):83-110.
    The death penalty is so deeply rooted in the history of humanity that it will not be possible to abolish it any time soon, together with its ancestral models, such as lynching, stoning and torture. There is little use in appealing to absolute ethical values or to juridical principles held to be universal. A realistic approach suggests a careful consideration of the function the death penalty performed – and still performs – in the structures of political (...)
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  14.  14
    From Death Penalty to Thanatopolitics.Sabeen Ahmed - 2019 - Philosophy Today 63 (2):293-314.
    Drawing from the works of Carl Schmitt, Michel Foucault, Giorgio Agamben, and Jacques Derrida, this article offers a theory of political theology for the contemporary Western liberal nation-state. Taking as its starting point the death penalty, it presents a triune theory of governance—what I call Trinitarian Governmentality—which exposes the thanatopolitical dimension fundamental to the very articulation of sovereign power and, as such, the theologico-political. It is thus only by conceptualizing sovereignty as Trinitarian Governmentality—composed of biopower/oikonomia, disciplinary power/theologia, and (...)
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  15. Locke on the Death Penalty.A. John Simmons - 1994 - Philosophy 69 (270):471-.
    Brian Calvert has offered us a clear and careful analysis of Locke's views on punishment and capital punishment. The primary goal of his paper - that of correcting the misperception of Locke as a wholehearted proponent of capital punishment for a wide range of offenses - must be allowed to be both laudable and largely achieved in his discussion. But Calvert's analysis also encourages, I think, a number of serious misunderstandings of Locke's true position.
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  16. Racial Bias, the Death Penalty and Desert.Christopher Meyers - 1990 - Philosophical Forum 22 (2):139-148.
  17.  20
    The Death Penalty Within the Bounds of Life/Death Alone: From the Deconstruction of Life to the Possibility of a Future Abolition.Armando Mastrogiovanni - 2018 - Oxford Literary Review 40 (2):181-205.
    This paper situates Derrida's two-year seminar on The Death Penalty within the new thinking of life he often insists lies at the heart of deconstruction. Derrida argues that the philosophical tradition is fundamentally unable to conceive of a principled opposition to the death penalty because within its system, the latter is both the quasi-transcendental condition of possibility of law in general and the very ‘proper of man’—the sacrificial machinery that makes human life inviolable. Against this tradition, (...)
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  18. The Death Penalty, Volume Ii.Jacques Derrida - 2017 - University of Chicago Press.
    "In this newest installment in Chicagos series of Jacques Derridas seminars, the renowned philosopher attempts one of his most ambitious goals: the first truly philosophical argument against the death penalty. While much has been written against the death penalty, Derrida contends that Western philosophy is massively, if not always overtly, complicit with a logic in which a sovereign state has the right to take a life. Haunted by this notion, he turns to the key places where (...)
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  19.  34
    The Death Penalty and the Peculiarity of American Political Institutions.Sangmin Bae - 2008 - Human Rights Review 9 (2):233-240.
    This article examines distinctive American political institutions that contribute to explaining the continued use of the death penalty. In the light of wide popular support for capital punishment, strong political leadership is considered to be a principal channel for the abolition of capital punishment. The dilemma of the US death penalty, however, lies in populist features of political structures that greatly limit the political leverage and possibilities available to leaders. The institutional arrangements in the United States (...)
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  20.  28
    Protocol: Death Penalty Addiction.Peggy Kamuf - 2012 - Southern Journal of Philosophy 50 (s1):5-19.
    “What if the death penalty were a drug?” This question opens the essay and is pursued through two very different kinds of texts. On the one hand, Derrida's 1999–2000 Death Penalty Seminar is brought to bear for its analysis of what is called there the “anesthesial logic” of capital punishment. This logic, Derrida argues, has determined both pro– and anti–death penalty discourses since at least the mid-eighteenth century. On the other hand, the essay gathers (...)
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  21.  83
    Is the Death Penalty Irrevocable?Michael Davis - 1984 - Social Theory and Practice 10 (2):143-156.
  22. In Defense of the Death Penalty.Louis Pojman - 1997 - International Journal of Applied Philosophy 11 (2):11-16.
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    The Death Penalty, in Other Words, Philosophy.Kas Saghafi - 2012 - Southern Journal of Philosophy 50 (s1):136-142.
    In response to Thomas Dutoit's ambitious summary of the two years of Derrida's Death Penalty Seminars, I take up the following themes: the deconstruction of death, Hugo's “advance,” and “the principle of substitution” in Freud.
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  24. On Deterrence and the Death Penalty.Ernest Van Den Haag - 1968 - Ethics 78 (4):280-288.
  25.  46
    Two Ideals and the Death Penalty.Tom Sorell - 2002 - Criminal Justice Ethics 21 (2):27-35.
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  26.  1
    The Death Penalty, Volume I.Peggy Kamuf (ed.) - 2013 - University of Chicago Press.
    In this newest installment in Chicago’s series of Jacques Derrida’s seminars, the renowned philosopher attempts one of his most ambitious goals: the first truly philosophical argument against the death penalty. While much has been written against the death penalty, Derrida contends that Western philosophy is massively, if not always overtly, complicit with a logic in which a sovereign state has the right to take a life. Haunted by this notion, he turns to the key places where (...)
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  27. The Ethical “Elephant” in the Death Penalty “Room”.Michael Keane - 2008 - American Journal of Bioethics 8 (10):45 – 50.
    The United States Supreme Court recently ruled that execution by a commonly used protocol of drug administration does not represent cruel or unusual punishment. Various medical journals have editorialized on this drug protocol, the death penalty in general and the role that physicians play. Many physicians, and societies of physicians, express the opinion that it is unethical for doctors to participate in executions. This Target Article explores the harm that occurs to murder victims' relatives when an execution is (...)
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  28. The Structure of Death Penalty Arguments.Matt Stichter - 2014 - Res Publica 20 (2):129-143.
    In death penalty debates, advocates on both sides have advanced a staggering number of arguments to defend their positions. Many of those arguments fail to support retaining or abolishing the death penalty, and often this is due to advocates pursuing a line of reasoning where the conclusion, even if correctly established, will not ultimately prove decisive. Many of these issues are also interconnected and shouldn’t be treated separately. The goal of this paper is to provide some (...)
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  29.  31
    Medical Ethics and the Death Penalty.Richard J. Bonnie - 1990 - Hastings Center Report 20 (3):12-18.
  30.  17
    Death Penalty in the Age of Dictatorship and War.Ivan Vuković - 2009 - Theoria: Beograd 52 (1):5-16.
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  31.  17
    The Death Penalty and Our Society.Izhar Groner - 1996 - Radical Philosophy Review of Books 14 (14):40-51.
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  32.  7
    Death Penalty.Anindya Sekhar Purakayastha - 2016 - Radical Philosophy Review 19 (2):529-533.
  33.  43
    The Death Penalty, Deterrence, and Horribleness: Reply to Michael Davis.Jeffrey Reiman - 1990 - Social Theory and Practice 16 (2):261-272.
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  34.  6
    The Death Penalty, Deterrence, and Horribleness: Reply to Michael Davis.Jeffrey Reiman - 1990 - Social Theory and Practice 16 (2):261-272.
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  35.  27
    The Death Penalty.Sidney Gendin - 1999 - Teaching Philosophy 22 (3):310-312.
  36.  58
    The Death Penalty and Victims' Rights: Legal Advance Directives. [REVIEW]Heather J. Gert - 1999 - Journal of Value Inquiry 33 (4):457-473.
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    Two Gorillas in the Death Penalty Room.Howard Brody & Margaret Wardlaw - 2008 - American Journal of Bioethics 8 (10):53 – 54.
  38.  47
    Bentham and the Death Penalty.Brian Calvert - 2006 - Dialogue 45 (2):211-231.
    This article examines the three works of Jeremy Bentham on capital punishment dating Irom 1775, 1809, and 1831. Besides Hugo Bedau’s analysis of Bentham’s 1775 and 1831 works and James Crimmins’s assessment of Bentham’s 1809 work, little attention has been paid to his abolitionist arguments on this contentious issue. I review some of the developments in Bentham’s position, noting where the later work corrects some deficiencies in the earlier work, and I assess the cogency of the position as it evolves. (...)
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  39.  50
    The Death Penalty, Civilization, and Inhumaneness.Michael Davis - 1990 - Social Theory and Practice 16 (2):245-259.
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  40.  12
    The Death Penalty, Volume 1 Jacques Derrida Chicago: The University of Chicago Press, 2014. 312 Pp. $35.00. [REVIEW]Christopher Langlois - 2014 - Dialogue 53 (4):756-758.
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  41.  5
    The Death Penalty in China: Policy, Practice, and Reform Edited by Bin Liang and Hong Lu: New York: Columbia University Press, 2016.Mika Obara-Minnitt - 2018 - Human Rights Review 19 (4):503-504.
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  42.  72
    The Purgative Rationale for the Death Penalty: Replies to Steiker and Danaher.Matthew H. Kramer - 2015 - Criminal Law and Philosophy 9 (2):379-394.
    This article defends my 2011 book “The Ethics of Capital Punishment” against the thoughtful critiques written by Carol Steiker and John Danaher respectively. It does not attempt to respond to every point of contention in the two critiques, but concentrates instead on a few of the main points from each of them.
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  43. The Death Penalty and the U.S. Supreme Court.William H. Bruening - unknown
     
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  44. The Death Penalty, Volume I.Jacques Derrida - 2013 - University of Chicago Press.
  45.  1
    Death Penalty “Abolition” in Neoliberal Times: The SAFE California Act and the Nexus of Savings and Security.Andrew Dilts - 2015 - In Lisa Guenther, Geoffrey Adelsberg & Scott Zeman (eds.), Death and Other Penalties: Philosophy in a Time of Mass Incarceration. Fordham Up. pp. 106-129.
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  46. The Death Penalty for Corporations Comes of Age.Russell Mokhiber - 1998 - Business Ethics 12 (6).
     
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  47. The Death Penalty as a Deterrent: Argument and Evidence.Hugo Adam Bedau - 1970 - Ethics 80 (3):205-217.
  48.  21
    The Death Penalty: Response to Ron Paul.Walter E. Block - 2015 - Criminal Justice Ethics 34 (3):339-349.
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  49. The Death Penalty: A Personal View.McCloskey James - 1996 - Criminal Justice Ethics 15 (2):2.
     
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  50.  21
    The Death Penalty, Deterrence, and Horribleness: Reply to Michael Davis.Reiman Jeffrey - 1990 - Social Theory and Practice 16 (2):261-272.
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