10008602 Topics in Legal Political Philosophy Lectures on Capital Punishment
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TOPICS IN LEGAL & POLITICAL PHILOSOPHY CAPITAL PUNISHMENT I. Five rationales: deterrence-oriented, retributivist, incapacitative, d enunciatory, purgative II. Minimal Invasion Principle: a s ide-constraint on the use of punitiv e techniques. “[G]iven a compelling state interest as the goal or purpose, the government must use the least restrictive means sufficient to achieve that goal or purpose.” III. Deterrence-oriented rationale A. Key Thesis: Executions are more effective than are any gentler san ctions in lowering the incidence of murders by inducing people to fear the consequences of perpetrating such crimes. B. General awareness, rather than explicit or detailed calculations, on the part of the people who are to be deterred C. Marginal deterrence versus absolute deterrence D. General deterrence versus specific deterrence E. The p sychological reaction on which the deterrence-oriented rationale trades is that of fear. People are to be frighten ed into compliance with legal requiremen ts. F. Communicative dimension of punishment G. Approvable (at least conditionally) within a Rawlsian Original Position on the basis of maximin reasoning H. Doesn’t use people solely as means IV. Shortcomings of deterrence-oriented rationale A. Empirically dubious: conflicting results , ten dentious methodological restrictions, and heavy model-dependence of results B. Some general empirical doubts 1. Prospects versus certainties 2. Undeterrable wrongdoers 3. Marginal deterrence versus absolute deterrence 1
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Transcript of 10008602 Topics in Legal Political Philosophy Lectures on Capital Punishment
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