Russ Shafer-Landau provides us with two separate arguments about the death penalty in his academic book The Ethical Life, fundamental readings in ethics and moral problems. In the first argument, Justifying Legal Punishment, Igor Primoratz gives us substantive reasoning that opts favorably toward the necessity of the death penalty. Contrasting Primoratz, Stephen Nathanson, through An Eye for an Eye, provides us with an argument that hopes to show us that capital punishment, like murder, is also immoral and therefore, unjust. By the end of this essay, I intend to show that while capital punishment may not be the easy choice for a consequence and punishment to murder, it is, however, the necessary one. In the excerpt from his book Justifying …show more content…
Shafer-Landau explains to us ‘lex talionis’ as it is the principle that “tells us to treat criminals just as they treated their victims—an eye for an eye, a tooth for a tooth” (Shafer-Landau 380). Nathanson states the eye for an eye view about capital punishment is not only immoral but illogical. Nathanson makes the argument “to justify using the ‘eye for an eye’ principle to answer our question about murder and the death penalty, we would first have to show that it worked for an entire range of cases; giving acceptable answers to questions about amounts of punishment” (382). According to Nathanson, if we followed the principle of ‘lex talionis,’ we must not only kill murderers, but we must also rape rapists, torture torturers, and kidnap kidnappers. It is argued in this reading that not only would lex talionis-grade punishments be immoral, they would also be illogical. Nathanson continues to argue against capital punishment by arguing not only against the equal punishment principle but also the proportional retributivism view. While Nathanson believes proportional retributivism plays an important role our determination of appropriate punishment for criminals, it does not, however, apply nor aide arguments in favor of the death …show more content…
I am not one to argue that capital punishment is without its flaws, nor am I one to argue that the death penalty is not inherently ugly in its entirety. I simply make the argument that the death penalty, or capital punishment, is a necessary evil. To accomplish this, I will begin by dissecting the arguments made by Stephen Nathanson in An Eye for an Eye. Nathanson states that for some crimes, it would not be considered morally acceptable to provide equal punishment to crimes committed. For example, I listed earlier that if we applied the equal punishment principle flatly across our justice system, it would require us to not only kill murderers, but also rape rapists, torture torturers, and kidnap kidnappers. While it would certainly appear to most of us that we cannot commit these actions upon those who committed them in the first place because it would be immoral, regardless of how Just it may appear. While this is certainly true, what law of morals states that we must apply the equal punishment principle across our entire justice system? Even after presenting this argument, one could still argue against capital punishment by stating that killing a killer is just as immoral as the initial killing. I believe this to be true, as I believe human life to be rather sacred and irreplaceable. However, I also believe in a system of necessary evils. A prime example of this being capital punishment. Providing the
Thus bringing in to account the principle of lex talionis. Which is the right to be paid back with similar harm and the equality of persons. Meaning an eye for an eye, they deserve it because they did it therefore intimidating people from murdering because they don’t want to die. It is also to be said through Kantian ethics that a rational individual who kills another authorizes his own execution. Executing murderers sets as a statement that murder is absolutely evil and will not be tolerated.
Capital punishment has long been a heavily debated issue. In his article, “The Rescue Defence of Capital Punishment,” author Steve Aspenson make a moral argument in favor of capital punishment on the grounds that that is the only way to bring about justice and “rescue” murder victims. Aspenson argues as follows: 1. We have a general, prima facie duty to rescue victims from increasing harm. 2.
In recent years, anti-death penalty propagandists have succeeded in stoking the fear that capital punishment is being carelessly meted out. Ironically, Of the 875 prisoners executed in the United States in modern times, not one has been retroactively proved innocent. The benefits of a legal system in which judges and juries have the option of sentencing the cruelest or coldest murderers to death far outweigh the potential risk of executing an innocent person. First and foremost, the death penalty makes it possible for justice to be done to those who commit the worst of all crimes. The execution of a murderer sends a powerful moral message: that the innocent life he took was so precious, and the crime he committed so horrific, that he forfeits
Eliot Spitzer once said, “Our criminal justice system is fallible. We know it, even though we don't like to admit it. It is fallible despite the best efforts of most within it to do justice. And this fallibility is, at the end of the day, the most compelling, persuasive, and winning argument against a death penalty.” Many people in America are in favor of capital punishment because some crimes violate the moral codes of our society.
“An eye for eye, tooth for tooth, hand for hand, foot for foot” said the Bible about justice but it also says “You shall not murder,” so is morally accepted the murder to a murderer? The topic in discussion is whether should the death penalty be banned or allowed, if taking the life of a criminal is a necessary punishment. The article of The Editors "Ban the Death Penalty” is based on facts and analysis about how the death penalty is not proved to deter crimes. However, Adrianne Haslet-Davis’s article, "Why the Death Penalty Should Live" does not sustain her thoughts with information. Furthermore, The Editor advocated their article with information of the possible consequences of this punishment to show better their point when Haslet-Davis just shares her experience and beliefs missing to provide specific data.
The topic of capital punishment presents a test of values. The arguments in support of and opposition to the death penalty are complex. In the end, this is a question of an individual’s values and morals. The topic requires careful thought to reach a reasoned position. Both sides of the argument are defensible.
The arguments and disadvantages of the death penalty in the United States. The death penalty is one of the most explosive and emotionally charged debates with some of the most controversial issues regarding, who will be put to death and why? The death penalty has been continuously debated, not only with legal disputes, but as a religious and ethical reasoning. We must ask that question what would cause someone to act in a way that he or she would have a violent impulse which would make him or her commit a murder?
The Death Penalty: Unjustified This paper will argue that neither equality retributivism nor proportional retributivism justify the death penalty. First it will clarify the following concepts: equality retributivism and proportional retributivism. It will then outline the many points that Stephen Nathanson provides in an excerpt from his book “An Eye for an Eye?” These points will consist of how equality retributivism conjures issues when attempting to justify the death penalty as well as provide evidence to support the claim that proportional retributivism in no way justifies the death penalty.
The death penalty has been used as a punishment of execution throughout long periods of time. Through those periods, the penalty has now become a necessary part of the society and government system, as an imperative way to prevent dangerous crimes. Yet subsequently, society has become to question this deterrent, regarding humanistic ideas and its certainty. Much inquiry and debate arise from the thought of executing a person due to crime. This controversy created a worldwide dispute regarding the laws of this penalty.
Death Penalty is a very ominous punishment to discuss. It is probably the most controversial and feared form of punishment in the United States. Many are unaware, but 31 of the 52 states have the Death penalty passes as an acceptable punishment. In the following essay, I will agree and support Stephen Nathanson's statement that "Equality retributivism cannot justify the death penalty. " In the reading, "An Eye for an Eye?", Nathanson gives objections to why equality retributivism is morally acceptable for the death penalty to be legal.
Annotated Bibliography Draft Student name : Haider Zafaryab Student number: 2360526 Thesis Statement : Capital Punishment is a very controversial topic around the globe. I believe that it does more harm than good and breeds violence in society. Source 1: Radelet, M. L., & Akers, R. L. (1996).
The capital punishment is identified as the most radical means of punishment that is aimed at decreasing the number of the murders and other severe crimes that can happen on the streets. However, it is still not proven that the death penalty is effective in terms of reducing the crime rates. As the opponents of the capital punishment claim, “essential objectives the death penalty is meant to serve—crime control, deterrence and retribution—can be achieved without it, and are often not achieved with it” (Šimonović 183). First of all, the death penalty does not perform its main function as a means of punishment directed at the correction of the criminals. Furthermore, through the capital punishment, it is possible to take only one criminal off the streets while others will
Even though it is true that taking the life of another is not right, it is even truer that the punishment should fit the crime. The death penalty is an exercise of justice that promotes retribution for crime and moral punishment for those who choose to take human life. Also, it prevents society 's worse offenders from re-offending, and it provides justice for the victims whose lives were cut short without a second thought. To better understand why capital punishment is a justifiable act, Kant 's theory gives a clear and logical understanding of the eye for an eye approach. Additionally the utilitarian view also explains why capital punishment is justifiable in regards to comfort for the victim 's family and prevention of re-offending.
Death penalty is like the ‘’tooth for a tooth – eye for an eye’’ theory. Instead of acting inhuman to our fellow beings we should find a better way to solve the mind of criminals. Making the problem vanish is not a good idea. We should do psychological researching instead! I, myself have a lot of faith in humanity.
In the case of the death penalty, it has the added bonus in guaranteeing that the person would not offend again. Supporters of harsh punishments argue that the would-be criminal would consider the costs versus the benefits of committing a crime. If the costs outweigh the benefits, then it is assumed that he would stop what he is doing, effectively ‘deterred’. Furthermore, the usage of harsh punishments to effectively deter crime is ethically justified as it prevents more people from falling victim to crime. However it is extremely difficult to judge a punishment’s effectiveness based on its deterrence effect, consequently we must consider other variables that would entail a person to commit a crime.