The Justice of Capital Punishment

In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan. pp. 725-746 (2022)
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Abstract

This chapter sets out the traditional natural law defense of the claim that the death penalty can in principle be a just punishment for certain offenses. It begins by explaining the relevant principles of traditional natural law theory and how they are grounded in a broadly Aristotelian-Thomistic metaphysics. It then shows how the goodness of retribution follows from these principles, and thus is intelligible given that metaphysical picture. This is followed by an application of these results to the justification of capital punishment specifically, as an instance of retributive justice. Finally, Feser responds to some objections.

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