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The Ethics of Capital Punishment - A Philosophical Investigation of Evil and its Consequences (Paperback)
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The Ethics of Capital Punishment - A Philosophical Investigation of Evil and its Consequences (Paperback)
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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 debunking of the familiar rationales for
capital punishment and a project of partial vindication. The
critical part presents some accessible and engaging critiques of
major arguments that have been offered in support of the death
penalty. These chapters, suitable for use in teaching courses on
capital punishment, valuably take issue with positions at the heart
of contemporary debates over the morality of such punishment. The
book then presents an original justification for executing truly
terrible criminals, a justification that is free-standing rather
than an aspect or offshoot of a general theory of punishment. Its
purgative rationale, which has not heretofore been propounded in
any current philosophical and practical debates over the death
penalty, derives from a philosophical reconception of the nature of
evil and the nature of defilement. As the book contributes to
philosophical discussions of those phenomena, it also contributes
importantly to general normative ethics with sustained reflections
on the differences between consequentialist approaches to
punishment and deontological approaches. Above all, the volume
contributes to the philosophy of criminal law with a fresh
rationale for the use of the death penalty and with probing
assessments of all the major theories of punishment that have been
broached by jurists and philosophers for centuries. Although the
book is a work of philosophy by a professional philosopher, it is
readily accessible to readers who have not studied philosophy. It
will stir both philosophers and anyone engaged with the death
penalty to reconsider whether the institution of capital punishment
can be an appropriate response to extreme evil.
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