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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.
This book is the product of a major British Academy Symposium held
in 2007 to mark the centenary of the birth of H.L.A. Hart, the most
important legal philosopher and one of the most important political
philosophers of the twentieth century.
The book brings together contributions from eighteen of the world's
foremost legal and political philosophers who explore the many
subjects in which Hart produced influential work. Each essay
engages in an original analysis of philosophical problems that were
tackled by Hart, some essays including extended critical
discussions of his major works: The Concept of Law, Punishment and
Responsibility, Causation in the Law and Law, Liberty and Morality.
All the main topics of Hart's philosophical writings are featured:
general jurisprudence and legal positivism; criminal responsibility
and punishment; theories of rights; toleration and liberty;
theories of justice; and causation in the law.
What is objectivity? What is the rule of law? Are the operations of
legal systems objective? If so, in what ways and to what degrees
are they objective? Does anything of importance depend on the
objectivity of law? These are some of the principal questions
addressed by Matthew H. Kramer in this lucid and wide-ranging study
that introduces readers to vital areas of philosophical enquiry. As
Kramer shows, objectivity and the rule of law are complicated
phenomena, each comprising a number of distinct though overlapping
dimensions. Although the connections between objectivity and the
rule of law are intimate, they are also densely multi-faceted.
What is objectivity? What is the rule of law? Are the operations of
legal systems objective? If so, in what ways and to what degrees
are they objective? Does anything of importance depend on the
objectivity of law? These are some of the principal questions
addressed by Matthew H. Kramer in this lucid and wide-ranging study
that introduces readers to vital areas of philosophical enquiry. As
Kramer shows, objectivity and the rule of law are complicated
phenomena, each comprising a number of distinct though overlapping
dimensions. Although the connections between objectivity and the
rule of law are intimate, they are also densely multi-faceted.
The authors of this book engage in essay form in a lively debate over the fundamental characteristics of legal and moral rights. They examine whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices. In the course of this debate the authors address many questions through which they clarify, though not finally resolve, a number of controversial present-day political debates, including those over abortion, euthanasia, and animal rights.
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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