On the (Im)morality of the Death Penalty

BERKELEY JOURNAL OF CRIMINAL LAW, Vol. 23, 2018

24 Pages Posted: 7 Apr 2019

See all articles by Meir Dan-Cohen

Meir Dan-Cohen

University of California, Berkeley - School of Law

Date Written: March 14, 2018

Abstract

It is generally agreed that to be morally, and in the US, constitutionally, permissible, the death penalty must accord with human dignity. I argue that it does not. To this end, I sketch a conception of dignity, embedded in Kantian moral theory, which helps assess when violations of dignity take place, as well as appreciate the high moral stakes such violations involve.

Keywords: death penalty, dignity, eighth amendment, banishment, slavery

Suggested Citation

Dan-Cohen, Meir, On the (Im)morality of the Death Penalty (March 14, 2018). BERKELEY JOURNAL OF CRIMINAL LAW, Vol. 23, 2018. Available at SSRN: https://ssrn.com/abstract=3352766

Meir Dan-Cohen (Contact Author)

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States
510-642-7421 (Phone)
510-642-3767 (Fax)

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