Capital Punishment
• The state-sanctioned killing of a convicted prisoner. Methods include lethal injection, electrocu-
tion, being shot, hanging or beheading.
• Aims of punishment: deterrence, retribution, reformation, vindication (showing that the law must
be enforced), reparation (paying back to society), protection.
• Lex Talionis - theory of reciprocal justice - “anyone who maims another shall suffer the same in-
jury in return: fracture for fracture… eye for eye… the injury inflicted in the injury to be suffered.
… One who kills a human being shall be put to death” Leviticus.
Natural Moral Law Situation Ethics Virtue Ethics
Aquinas argues “it is lawful to kill Fletcher gave no clear view on Aristotle does not give clear guid-
an evildoer in so far as it is di- capital punishment. ance on capital punishment.
rected to the welfare of the whole
community.” Summa Theologica.
For Aquinas the executioner is au- Fletcher writes “love and justice Aristotle writes that in justice “ev-
thorised to kill by the state for the are the same” but it is hard to ery virtue is summed up” therefore
protection of society, and there- imagine how killing a person can the enactment of justice encapsu-
fore bears no individual guilt. ever be seen as a loving act in it- lates courage, temperance, mag-
self, rather only as part of a wider nanimity, etc. Aristotle also sees
Utilitarian argument. Yet, situation justice as the rebalancing of a
ethics is not simply a teleological wrong sonf may therefore take the
system despite Fletcher stating lex talionis to punishment.
that “only the end justifies the
means”.
Capital Punishment may uphold It is perfectly possible that individ- In modern contexts the key virtue
the primary precept of living in an ual cases mean that killing a pris- is compassion. The embodiment
ordered society as it aims at de- oner to protect others is pragmatic of this may be forgiveness which
terring serious crime. However, and even necessary to maximise is likely to reject the death penalty
states that use capital punishment love. in favour of life sentences.
show no fewer instances of mur-
der as a result. If society becomes
brutalised and vengeful as a result
of using capital punishment it
might be argued that the death
penalty creates disorder in society
and is therefore not permissible.
For Against
Gives families sense of justice. C.S. Lewis - only Acting on revenge/emotion has no place in justice
valid principle for justice is that people get what they system. Retribution and revenge are not the same.
deserve/not retribution or revenge or rehabilitation Just because it is the case that we want revenge
or deterrence. does not mean we ought to enact this.
You forfeit your rights including that to life when you C.L. Ten - Punishment embitters and alienates a
take those rights from another. Mill: only way we can person from society.
show respect for life is to have severest of conse-
quences for taking it away.
People getting justice underpins our community har- Hypocritical for group/state to do something that the
mony. D W Ness - It helps define and reinforce com- individual is not entitled to do.
munity values and affirm individual responsibility.
Fairness requires wrongdoers to be vindicated.
• The state-sanctioned killing of a convicted prisoner. Methods include lethal injection, electrocu-
tion, being shot, hanging or beheading.
• Aims of punishment: deterrence, retribution, reformation, vindication (showing that the law must
be enforced), reparation (paying back to society), protection.
• Lex Talionis - theory of reciprocal justice - “anyone who maims another shall suffer the same in-
jury in return: fracture for fracture… eye for eye… the injury inflicted in the injury to be suffered.
… One who kills a human being shall be put to death” Leviticus.
Natural Moral Law Situation Ethics Virtue Ethics
Aquinas argues “it is lawful to kill Fletcher gave no clear view on Aristotle does not give clear guid-
an evildoer in so far as it is di- capital punishment. ance on capital punishment.
rected to the welfare of the whole
community.” Summa Theologica.
For Aquinas the executioner is au- Fletcher writes “love and justice Aristotle writes that in justice “ev-
thorised to kill by the state for the are the same” but it is hard to ery virtue is summed up” therefore
protection of society, and there- imagine how killing a person can the enactment of justice encapsu-
fore bears no individual guilt. ever be seen as a loving act in it- lates courage, temperance, mag-
self, rather only as part of a wider nanimity, etc. Aristotle also sees
Utilitarian argument. Yet, situation justice as the rebalancing of a
ethics is not simply a teleological wrong sonf may therefore take the
system despite Fletcher stating lex talionis to punishment.
that “only the end justifies the
means”.
Capital Punishment may uphold It is perfectly possible that individ- In modern contexts the key virtue
the primary precept of living in an ual cases mean that killing a pris- is compassion. The embodiment
ordered society as it aims at de- oner to protect others is pragmatic of this may be forgiveness which
terring serious crime. However, and even necessary to maximise is likely to reject the death penalty
states that use capital punishment love. in favour of life sentences.
show no fewer instances of mur-
der as a result. If society becomes
brutalised and vengeful as a result
of using capital punishment it
might be argued that the death
penalty creates disorder in society
and is therefore not permissible.
For Against
Gives families sense of justice. C.S. Lewis - only Acting on revenge/emotion has no place in justice
valid principle for justice is that people get what they system. Retribution and revenge are not the same.
deserve/not retribution or revenge or rehabilitation Just because it is the case that we want revenge
or deterrence. does not mean we ought to enact this.
You forfeit your rights including that to life when you C.L. Ten - Punishment embitters and alienates a
take those rights from another. Mill: only way we can person from society.
show respect for life is to have severest of conse-
quences for taking it away.
People getting justice underpins our community har- Hypocritical for group/state to do something that the
mony. D W Ness - It helps define and reinforce com- individual is not entitled to do.
munity values and affirm individual responsibility.
Fairness requires wrongdoers to be vindicated.
