69 Pages Posted: 19 Feb 2012 Last revised: 22 Feb 2012
Date Written: January 31, 2012
Despite obvious differences, certain historical and conceptual underpinnings of Catholic death penalty teaching parallel core elements of U.S. death penalty jurisprudence, particularly given the Supreme Court’s expansive yet contested moral reasoning in Kennedy v. Louisiana, which stressed that Eighth Amendment analysis "necessarily embodies a moral judgment." This Article compares that jurisprudence with the Catholic Church’s present, near-absolute opposition to capital punishment, assessing how the death penalty, as a quintessential law and morality question, implicates overlapping sources of moral reasoning. It then identifies substantive concepts that permit Eighth Amendment jurisprudence and the Catholic perspective to be mutually translated, presenting this approach as a means to advance death penalty discourse.
Keywords: Capital Punishment, Catholic Church, Catholic Social Teaching, Catholic Social Thought, Civic Discourse, Death Penalty, Eighth Amendment, Jurisprudence, Moral Reasoning, Public Discourse
Suggested Citation: Suggested Citation
Denk, Kurt M., Jurisprudence that Necessarily Embodies Moral Judgment: The Eighth Amendment, Catholic Teaching, and Death Penalty Discourse (January 31, 2012). Notre Dame Law Review, Vol. 88, 2012-2013; Boston College Law School Legal Studies Research Paper No. 256. Available at SSRN: https://ssrn.com/abstract=2007613