On the (Im)morality of the Death Penalty
BERKELEY JOURNAL OF CRIMINAL LAW, Vol. 23, 2018
24 Pages Posted: 7 Apr 2019
Date Written: March 14, 2018
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
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