Is Capital Punishment Morally Required? The Relevance of Life-Life Tradeoffs

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Is Capital Punishment Morally Required? The Relevance of Life-Life Tradeoffs

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Title: Is Capital Punishment Morally Required? The Relevance of Life-Life Tradeoffs
Author: Sunstein, Cass Robert; Vermeule, Adrian

Note: Order does not necessarily reflect citation order of authors.

Citation: Cass R. Sunstein & Adrian Vermeule, Is Capital Punishment Morally Required? The Relevance of Life-Life Tradeoffs (John M. Olin Program in Law and Economics Working Paper No. 239, 2005).
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Abstract: Recent evidence suggests that capital punishment may have a significant deterrent effect, preventing as many eighteen or more murders for each execution. This evidence greatly unsettles moral objections to the death penalty, because it suggests that a refusal to impose that penalty condemns numerous innocent people to death. Capital punishment thus presents a life-life tradeoff, and a serious commitment to the sanctity of human life may well compel, rather than forbid, that form of punishment. Moral objections to the death penalty frequently depend on a distinction between acts and omissions, but that distinction is misleading in this context, because government is a special kind of moral agent. The familiar problems with capital punishment— potential error, irreversibility, arbitrariness, and racial skew—do not argue in favor of abolition, because the world of homicide suffers from those same problems in even more acute form. The widespread failure to appreciate the life-life tradeoffs involved in capital punishment may depend on cognitive processes that fail to treat "statistical lives" with the seriousness that they deserve.
Published Version: http://chicagounbound.uchicago.edu/law_and_economics/287/
Other Sources: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=691447
Terms of Use: This article is made available under the terms and conditions applicable to Other Posted Material, as set forth at http://nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of-use#LAA
Citable link to this page: http://nrs.harvard.edu/urn-3:HUL.InstRepos:12809433
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