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Against Capital Punishment

Against Capital Punishment

Against Capital Punishment

Author: Benjamin S. Yost
Publisher: Oxford University Press
ISBN: 9780197619018
Published In: February 2022
Format: Paperback
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 389.87

HKD 378.17 Save HKD 11.70 (3%)

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The specter of procedural injustice motivates many popular and scholarly objections to capital punishment. So-called proceduralist arguments against the death penalty are attractive to death penalty abolitionists because they sidestep the controversies that bedevil moral critiques of execution. Proceduralists do not shoulder the burden of demonstrating that heinous murderers deserve a punishment less than death. However, proceduralist arguments often pay insufficient attention to the importance of punishment; many imply the highly contentious claim that no type of criminal sanction is legitimate.

In Against Capital Punishment, Benjamin S. Yost revitalizes the core of proceduralism both by examining the connection between procedural injustice and the impermissibility of capital punishment and by offering a comprehensive argument of his own which confronts proceduralism's most significant shortcomings. Yost is the first author to develop and defend the irrevocability argument against capital punishment, demonstrating that the irremediability of execution renders capital punishment impermissible. His contention is not that the act of execution is immoral, but rather that the possibility of irrevocable mistakes precludes the just administration of the death penalty.

Shoring up proceduralist arguments for the abolition of the death penalty, Against Capital Punishment

carries with it implications not only for the continued use of the death penalty in the criminal justice system, but also for the structure and integrity of the system as a whole.

Introduction

Chapter One: Death and Retribution

Chapter Two: The Necessity of Execution

Chapter Three: The Irrevocability of Execution

Chapter Four: The Argument for Abolition

Chapter Five: The Prospects of the New Proceduralism

References

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