Capital Punishment: Objections from Principle and Practice

1983 ◽  
Vol 18 (4) ◽  
pp. 407-420 ◽  
Author(s):  
Nicola Lacey
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Legal Issues ◽  
Constitutional Theory ◽  
Political Issue ◽  
The Past ◽  
Moral Position ◽  
Practical Politics ◽  
The Subject ◽  
Near Future

THE ISSUE OF CAPITAL PUNISHMENT HAS PERHAPS BEEN MORE widely and publicly debated in this country than in any other. It has been a live political issue for well over a century, and the range of views represented by participants is as broad today as at any time in the past. Given the vast amount of literature – philosophical, legal, political and statistical – devoted to the subject, it is difficult to contribute to the debate in some more substantial way then merely by rehearsing well-known opposed positions. What I shall attempt to do in this paper is briefly to set out the positions of principle which might be taken up in arguments about the reintroduction of the death penalty, in the hope of clarifying the exact points of disagreement. Having done this, I shall argue for a particular moral position, before going on to consider some of the more specialized legal issues and the implications for constitutional theory which any form of reintroduction would raise. In the light of all these arguments, I shall finally draw some conclusions for both the debate of principle and the problem of practical politics with which the members of both Houses of Parliament are likely to be faced in the near future.

The Value of Life

1977 ◽  
Vol 23 (3) ◽  
pp. 237-252 ◽  
Author(s):  
Marlene W. Lehtinen
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
State Policy ◽  
Value Of Life ◽  
Careful Examination ◽  
General Deterrence ◽  
The Public ◽  
The Past

Criminologists have generally attacked capital punishment and have argued for its abolition. They contend (1) that there is no evidence showing the superior general deterrent effectiveness of the death penalty, (2) that the death penalty has been applied discriminatorily in the past, (3) that innocent persons may be executed, (4) that the public does not want a constitutionally acceptable form of the death penalty, (5) that the death penalty does not allow rehabilitation, and (6) that the application of the death penalty is too costly. A careful examination of these arguments reveals their inherent limitations and weaknesses. This paper outlines the benefits to be gained from systematic employ ment of the death penalty—greater general deterrence and conformity to law, strengthening of taboos generally, and emphasis on the value of life—and argues for systematic use of the death penalty as a part of rational state policy for the greater protection of society and a net saving of innocent lives.

Closing remarks

1967 ◽  
Vol 299 (1456) ◽  
pp. 145-145 ◽  
Keyword(s):  
Variational Method ◽  
Mode Interaction ◽  
Random Wave ◽  
Interaction Techniques ◽  
Dispersive Waves ◽  
Wave Fields ◽  
The Past ◽  
Interesting Discussion ◽  
The Subject ◽  
Near Future

This has been a most interesting Discussion to attend, and will, I believe, in its written version, be a work of marked permanent value, especially because the contributors, as well as giving penetrating and comprehensive reviews of their own parts of the subject, have carefully elucidated also the relations between the parts. Methods apparently of very diverse character for analysing the nonlinear development of dispersive waves have been described. Although they have different areas of validity, there are regions of overlap between those areas, where contributors have taken pains to show that they give identical results. In particular, the relations between Whitham’s variational method, Brooke Benjamin’s stability analyses, the mode interaction techniques of Phillips and Longuet-Higgins, and Hasselmann’s work on random wave fields, have become much clearer, so that the advances of the past six years begin to form a coherent pattern. Some uncertainties, and many unsolved problems, remain; but comparisons of the existing theories with experiment have yielded such encouraging results, that many workers are likely to attempt further developments of them in the near future.

scholarly journals Forty Years of Death: The Past, Present, and Future of the Death Penalty in South Carolina (Still Arbitrary after All These Years)

2018 ◽  
Author(s):  
John H. Blume ◽  
Lyndsey S. Vann
Keyword(s):  
South Carolina ◽  
Supreme Court ◽  
Gender Bias ◽  
Death Penalty ◽  
Capital Punishment ◽  
The United States ◽  
The Past ◽  
The Supreme Court ◽  
And Gender ◽  
Looking Back

11 Duke Journal of Constitutional Law & Public Policy 183 (2016)Forty years ago, the Supreme Court of the United States deemed constitutional new death penalty laws intended to minimize the arbitrariness which led the Court to invalidate all capital sentencing statutes four years earlier in Furman v. Georgia. Over the last four decades the Court has — time and again — attempted to regulate the “machinery of death.” Looking back over the Court’s work, many observers, including two current Supreme Court justices, have questioned whether the modern death penalty has lived up to expectations set by the Court in the 1970s or if, despite 40 years of labor, the American death penalty continues to be administered in an unconstitutionally arbitrary manner. This Article presents data from South Carolina’s forty-year experiment with capital punishment and concludes that the administration of the death penalty in that state is still riddled with error and infected with racial and gender bias. It is — in short — still arbitrary after all these years. The authors maintain that the only true cure it to abolish South Carolina’s death penalty, although they do argue that lesser steps including additional safeguards and procedure may limit, but will not eliminate, some of the arbitrariness and bias which are present in the current imposition of South Carolina’s most extreme punishment.

scholarly journals Interpretation of Dejectedness and Insanity in Buddhist Exegetical Treatises

2020 ◽  
Vol 24 (4) ◽  
pp. 590-600
Author(s):  
Helena Petrovna Ostrovskaya
Keyword(s):  
The Past ◽  
Good Deed ◽  
Moral Position ◽  
Moral Aspect ◽  
The Subject ◽  
The Moment

The subject of the paper is the moral aspect of interpretations of dejectedness (daurmanasya) and insanity (cittavikṣepa-unmāda) in the treatises Abhidharmakośa-bhāṣya by Vasubandhu (4-5th centuries) and Sphuṭārtha-abhidharmakośa-vyākhyā by Yaśomitra (8th century). Buddhist interpretation of these phenomena is based on the canonical postulate that only corporeal suffering is a karmic retribution (vipāka-phala). Dejectedness is treated by Buddhist exegetics as a peculiar trait of imagination (kalpanā) manifesting in the moment of mental construction of evil projective situations. Dejectedness can be good (kuśala) and evil (akuśala) dependent on personal moral position. Good dejectedness is repentance (kaukṛtya) for an undone good deed or sin done. Opposite to it is evil dejectedness. Insanity is treated as destruction of predicative (abhinirūpana) and mnestic (anusmaraṇa) functions of consciousness. This mental suffering is determined by karma in cases when attempts to destroy others consciousness had place in the past. Karmic retribution in these cases is corporeal suffering, or disbalance of gross elements, and insanity is the consequence of this disbalance.

Comments on “Challenges Facing African Universities”

2004 ◽  
Vol 47 (1) ◽  
pp. 61-66
Author(s):  
William Saint
Keyword(s):  
Higher Education ◽  
Twentieth Century ◽  
African History ◽  
Valuable Resource ◽  
The Past ◽  
Depth Analysis ◽  
Political Forces ◽  
African Higher Education ◽  
The Subject ◽  
Near Future

In tackling the topic of current challenges to African universities, Akilagpa Sawyerr has chosen to paint with a broad brush. While giving appropriate acknowledgment to the diversity and complexity of prevailing circumstances in each country, he has elected to focus on a limited number of important issues that he believes constitute, in varying degrees, common challenges to universities across the continent. In electing this approach, he shows a preference for illuminating the dynamic interrelationships among these challenges, and for situating them with regard to some of the larger economic and political forces that have shaped African history in the latter part of the twentieth century. In consequence, he necessarily foregoes in-depth analysis of specific issues. To provide such analysis would require a book, which I sincerely hope Prof. Sawyerr will undertake in the near future.What is valuable about this article? I would like to underscore three aspects.First, it provides a clear overview of the main challenges that have confronted African higher education, especially during the past decade, together with helpful interpretations of the causes and consequences of these events. It also incorporates much of the very recent explosion of research on this topic, particularly by African scholars. The bibliography itself is a valuable resource for those interested in the subject.

scholarly journals DIKOTOMI PIDANA MATI SEBAGAI HAK ASASI MANUSIA DI INDONESIA MENURUT HUKUM POSITIF DAN HUKUM PIDANA ISLAM

2021 ◽  
Vol 3 (01) ◽  
pp. 15-33
Author(s):  
Muhammad Afif
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Capital Punishment ◽  
Subject Matter ◽  
Deterrent Effect ◽  
The Public ◽  
Positive Law ◽  
The Subject ◽  
The Law ◽  
The Difference

Eksekusi hukuman mati dalam hukum positif Indonesia dilakukan dengan cara hukuman mati, yang berarti bahwa eksekusi hukuman mati tidak dilakukan di depan orang banyak atau tidak dipublikasikan. Dalam hukum pidana Islam, dieksekusi dengan cara dipenggal, dilempar dengan batu (Rajam) dan dieksekusi di depan umum, artinya eksekusi hukuman mati disaksikan oleh publik. Jenis penelitian merupakan penelitian normative.Pokok bahasan dari artikel ini adalah bagaimana eksekusi hukuman mati memberikan efek jera bagi masyarakat? karena salah satu tujuan hukuman mati adalah memberikan efek jera kepada seseorang / masyarakat agar tidak melakukan kejahatan. Tidak ada perbedaan antara eksekusi hukuman mati dilihat dalam hukum positif Indonesia dan hukum Islam, pada dasarnya kedua tindak pidana tersebut sama-sama memberikan efek jera berupa ketakutan kepada publik untuk melakukan kejahatan atau tindakan yang melanggar hukum. Perbedaan antara hukum positif Indonesia dan hukum Islam, hanya dalam hal prosedur eksekusi. Abstract The execution of the death penalty in Indonesian positive law is carried out by means of a death shot, meaning that the execution of the death penalty is not carried out in front of a crowd or unpublished. In Islamic criminal law, the execution is executed by beheaded, thrown with stone (Rajam) and the execution is executed in front of the public, meaning that the execution of capital punishment is witnessed by the public. this type of research is normative research. The subject matter of this article is how the execution of capital punishment theoretically gives more deterrent effect to society? because one of the objectives of criminalizing, especially capital punishment is to give deterrent effect to a person / society in order not to commit a crime / crime. The execution of the death penalty between two criminal sides namely the positive crime of Indonesia and Islamic crime, basically the two criminal act equally give a deterrent effect in the form of fear to the public to commit a crime or a crime that violates the law. It's just possible to see the difference between positive criminal Indonesia and Islamic crime in terms of the procedure of execution execution.  

The Death Penalty under Fianna Fáil and the Inter-Party Governments

2020 ◽  
pp. 63-100
Author(s):  
David M. Doyle ◽  
Liam O’Callaghan
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Public Discourse ◽  
Political Discussion ◽  
Law And Order ◽  
State Institutions ◽  
State Security ◽  
Fianna Fail ◽  
The Subject ◽  
Second World

This chapter, spanning the period 1932-54 continues the broadly political discussion of the death penalty initiated in chapter one. Though Fianna Fáil, in opposition, were critical of Free State institutions and policies, particularly those concerned with law and order, this chapter argues that little changed after the party came to power and the application of the death penalty was marked by continuity rather than reform. Indeed, the renewed threat to state security posed by the IRA during the Second World War led to the introduction of draconian emergency legislation and a series of executions of IRA men. The chapter also discusses the first tenuous steps taken towards reform of the capital punishment laws through the convening, by Fianna Fáil, of a committee to discuss the subject. Moreover, the arrival of the interparty government signalled a shift in the mood around the issue as two of the administration’s key figures, Seán MacBride and Noël Browne, were staunch abolitionists. This gave the death penalty a presence in public discourse not previously evident.

scholarly journals The legal issues of the substantiation of new types of national security

2020 ◽  
Vol 4 (2) ◽  
pp. 67-72
Author(s):  
Anna K. Rozhkova ◽  
Irena V. Kochetkova
Keyword(s):  
National Security ◽  
Legal Aspects ◽  
Legal Issues ◽  
Controversial Issues ◽  
External Threats ◽  
Philosophy And Religion ◽  
The Subject ◽  
The Russian Federation ◽  
Near Future

The subject of the article is the typology of national security, and controversial issues of the selection. The purpose of the article is to identify causes of a large number of security’s forms both in theory and in practice, also to analyze acts in this sphere. The methodology of the article includes analysis, synthesis, formal-legal and comparativelegal methods. The main results of the research. The author focuses on the problem of types of national security. The author investigates the national security and methodological, theoretical and legal aspects of the classification of national security’s forms. The reason for the diversity of types of national security should also be recognized as the lack of a clear classification of them. Author investigates the mechanism for detaching forms of national security in acts of the Russian Federation in the field of security and suggests that new forms of nation security (moral security and culture security) should appear in base document of strategic planning of the national security. Moral security includes cultural, ideological, informational, psychological, scientific, educational, and religious security. Cultural security in its most general form is the stable existence of culture, the protection of this sphere from internal and external threats, for example, such as the emasculation of spiritual and moral values and globalization. Conclusions. The identification of new types of national security is an objective process due to the very versatility of such a phenomenon as national security. At the same time, it should be recognized that the sphere of spirit and morality in the context of spiritual security does not belong to the legal science, but rather to the field of philosophy and religion. In this regard, their inclusion, even as an adjective, in the text of the strategic planning document raises doubts, so the use of the phrase "moral security" in legal acts in the near future, in our opinion, can hardly be expected.

scholarly journals Religiosity Among Criminals With Death Pinalty: A Study Of Nusakambangan Prison

Dialog ◽  
2020 ◽  
Vol 43 (2) ◽  
pp. 249-264
Author(s):  
Novia Fetri Aliza ◽  
Putri Krisdiana ◽  
Yusri Hamzani
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Islamic Law ◽  
Religious Study ◽  
Field Research ◽  
External Factors ◽  
Internal Factors ◽  
The Past ◽  
Internal And External Factors ◽  
And Behavior

This article discusses religiosity among criminals who pleaded guilty with death penalty at Lembaga Pemasyarakatan (Lapas) Permisan Nusakambangan. This focuses on two major issues; religiosity among the criminals and factors that contribute to the level of religiosity. The author carries out a field research by conducting interview and documentation. Subjects of the research are limited to three main categories; Muslim males in Indonesia, punished with capital punishment, and waiting for execution for more than ten years. The data obtained are analyzed using a theory of religiosity that is developed in religious study and psychology. The result of the study shows that the religiosity of the criminals who are punished with capital punishment are very good based on aspects of religiosity, such as; belief, Islamic law, and behavior of the criminals. Moreover, this religiosity is affected by internal and external factors. Internal factors relate to their confession of the past sins and the fear of death, while the external factors relate to the roles of their parents, children, and wife. Artikel ini membahas tentang religiusitas narapidana vonis hukuman mati di Lembaga Pemasyarakatan Permisan Nusakambangan. Terdapat dua pembahasan utama yang dikaji dalam artikel ini: kondisi religiusitas narapidana vonis hukuman mati yang saat ini mendekam di lapas Permisan dan faktor-faktor yang membentuk sikap religius mereka. Untuk mendapatkan data seputar dua pembahasan utama tersebut, penulis menggunakan jenis penelitian lapangan dengan metode wawancara dan dokumentasi. Subjek dalam pembahasan ini juga dibatasi pada tiga kategori, yaitu orang Indonesia yang beragama Islam, mendapatkan vonis hukuman mati, sedang dalam masa menunggu eksekusi mati lebih dari sepuluh tahun dan berjenis kelamin laki-laki. Pada tahap selanjutnya, informasi yang didapatkan pada subjek penelitian tersebut dianalisis menggunakan teori religiusitas yang terdiri dari tiga dimensi utama, yaitu akidah, syariah, dan akhlak. Berdasarkan beberapa data yang didapatkan, kondisi religiusitas narapidana vonis hukuman mati di lapas Permisan sangat baik, hal ini terlihat dari pelaksanaan tiga dimensi utama religiusitas itu sendiri. Pada sisi kedua, religiusitas narapidana dipengaruhi oleh faktor internal berupa kesadaran atas dosa masa lalu dan ketakutan akan kematian. Sedangkan motivasi eksternal didapatkan dari orang tua, anak dan istri.

The “Penological Exception” to Extradition: On Ultimate Penalties, Human Rights and International Relations

1993 ◽  
Vol 27 (1-2) ◽  
pp. 310-338 ◽  
Author(s):  
Leon Sheleff
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Death Penalty ◽  
Capital Punishment ◽  
Reasoning Process ◽  
Judicial Decisions ◽  
Nation States ◽  
Recent Developments ◽  
The Subject ◽  
The Moment

One of the most significant recent developments in the law of extradition is the serious consideration that courts are willing to display to the punitive consequences of an extradition order, if capital punishment is the specific penalty that the requested person is liable to have imposed on him if convicted. At the same time, this development serves also as one of the most dramatic examples of the manner in which the subject of human rights has become a factor in international relations, which nation-states can disregard only by exposing themselves to negative assessments linked to reluctance to respond to formal requests. For the most part the “linkage” has been focused mainly on economic aid, where donor countries would approve requested aid contingent on positive accounting in human rights, but now, as a result of a number of novel judicial decisions, it seems that similar factors will be examined, when requests for extradition are submitted. At the moment, the focus is on the use of the death penalty, but the very reasoning process used may well open up further possibilities.

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