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作者 Yost, Benjamin S. (Benjamin Schertz), author
書名 Against capital punishment / Benjamin S. Yost
出版項 New York, NY : Oxford University Press, [2019]
國際標準書號 9780190901165 (cloth : alk. paper)
9780190901196 (online content)
9780190901172 (epdf)
9780190901189 (epub)
book jacket
館藏地 索書號 處理狀態 OPAC 訊息 條碼
 人文社會聯圖  HV8698 .Y67 2019    在架上    30660020210295
 文哲所  585.51 Y65    在架上    30580003459950
說明 xi, 280 pages ; 22 cm
text rdacontent
unmediated rdamedia
volume rdacarrier
附註 Includes bibliographical references (pages 259-270) and index
Death and retribution -- The necessity of execution -- The irrevocability of execution -- The argument for abolition -- The prospects of the new proceduralism
"Against Capital Punishment offers an innovative proceduralist argument against the death penalty. Worries about the specter of procedural injustice animate many popular and scholarly objections to capital punishment. Philosophers and legal theorists are attracted to procedural abolitionism because it sidesteps controversies over whether murderers deserve death, holding out a promise of persuading those whose favor the death penalty on substantive grounds. Following in this path, Yost's contention is not that the act of execution is substantively immoral; in fact, he presumes the appropriateness of execution for some first-degree murderers and carefully reconstructs the best defenses of the death penalty. Rather, his strategy is to show that the possibility of irrevocable mistakes precludes the just administration of capital punishment. Yost's approach is novel in its breadth and depth. He is the first to provide a comprehensive philosophical defense of the well-known irrevocability argument, analyzing its premises, establishing their validity, and vindicating them against objections. Yost's central claim is that capital punishment is unjust insofar as execution violates the principle of remedy, which requires legal institutions to remedy their mistakes and to compensate those who suffer from wrongful sanctions. The death penalty is repellent to the principle of remedy by dint of its irrevocability. This incompatibility is at the heart of his abolitionist argument: because the wrongly executed cannot enjoy the obligatory remedial measures, execution is impermissible. Yost also takes pains to defend the irrevocability of execution"-- Provided by publisher
主題 Capital punishment -- Moral and ethical aspects
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