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the death penalty and race
ethical issue of capital punishment
ethical issue of capital punishment
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Capital Punishment has been used in the United States justice system for many years now, yet one must question whether or not it should be used at all. This paper will look at the Deontological views of capital punishment through the works of Kant’s categorical imperative. Arguments such as the unethical misuse of medical practice by physicians, who swear an oath to do everything in their power to save the lives of the people they care for, while using their expertise on an individual for an execution. Another argument that can be made would be the understanding just what the role of both race and religion may play in making this particular moral issue and question if individuals have a “right to life” and its effect on future execution rulings. Yet we must ask ourselves, can we still justify capital punishment being used today with the same moral standings of Kant’s Categorical Imperative? An alternative method for dealing with individuals rather than simply killing them off, for it is also important to understand the views of whether the ethical practice made by medical physicians, the social attitudes and religious views of capital punishment, and a look into a person’s right to life should play a role in determining the ethical standings of continuing the use of capital punishment in the United States.
Immanuel Kant, a philosopher in the late 1700s, developed what is now known as the categorical imperative which is an important system in determining the moral standings of important issues in regards with an individual’s intuition of moral law. Certain desires a person feels, such as revenge or hatred, are considered what he would call external forces (Wells-Quash,
2010) these external forces could lead individuals to ...
... middle of paper ...
... alternative method for dealing with criminals that do heinous crimes and use a stable universal law (maxim) to what the categorical imperative intended for the good of everyone.
Works Cited
Bessler, J. D. (2002). America's Death Penalty: Just Another Form of Violence. Phi Kappa Phi Forum, 82(1), 13.
Black, L., & Fairbrother, H. (2008). The Ethics of the Elephant: Why Physician Participation in Executions Remains Unethical. American Journal Of Bioethics, 8(10), 59-61.
Iftene, A., & Paşca, N. (2011). RELIGIOUS FOUNDATIONS OF THE PROTECTION OF THE RIGHT TO LIFE. US-China Law Review, 8(6), 511-547.
Wells, S., Quash.B (2010). Introducing Christian Ethics. Massachetts: John Wiley & Sons. (pp. 121-124).
Young, R. L. (1992). Religious Orientation, Race and Support for the Death Penalty. Journal For The Scientific Study Of Religion, 31(1), 76.
Kantianism is named after a German philosopher Immanuel Kant, who lived in 1724-1804. According to Kant, the only thing that is good is good will; moreover, the good will builds the whole structure of the society. Kantianism is based on the intent of the action or person’s intention which are the predominant attributes of the good will. The basic principle of Kantianism theory depicts the idea of universal truths. It explains that a moral rule must be universal. Also, it describes that people should be treated with respect. Moreover, it explains the credibility of an action why it is right or wrong and convinces the user with logical reasons. Kant proposed the Categorical Imperative, which describes a set up to explain, “What makes a moral rule appropriate?” One version of the Categorical Imperative states that it is wrong for a person to use himself or another person uniquely as a means to an end. Most of the time it is easier to use the second version of the Categorical Imperative to analyze a moral problem from a Kantian point of view. For example, in the case of Jean, misusing the responsibilities of someone else’s duty. It was wrong for Jean to treat the profession of the doctor as a means to an end. Jean deceived the profession of the doctors with the goal of getting benefit to save his nephew. It was wrong for jean to misuse his responsibilities rather than to think that he can find a way to look for a doctor. We can also look at this scenario using the first version of the Categorical Imperative. Jean wanted to save his nephew Pierre. A proposed moral rule might be, “Take a decision in his hands to save his nephew.” However, if everyone followed the same rule, it will diminish the sense of duty, responsibility, and the respect of the profession. If everyone will act the same way in this type of situation and try to misuse his or her professional responsibilities, then there will
Randa, Laura E. “Society’s Final Solution: A History and Discussion of the Death Penalty.” (1997). Rpt.in History of the Death Penalty. Ed. Michael H. Reggio. University Press of America, Inc., 1997. 1-6 Print.
Before addressing the dilemma of capital punishment and its relation to Kant's "Respect for Persons" ethics, it is important to be informed of the background of this dilemma. A topic of growing and heated debate in today's society, capital punishment involves many more aspects than the average citizen may think. This controversial practice, which is also commonly referred to as the death penalty, is defined as the legally authorized killing of someone as punishment for a crime. Today, the federal government and thirty-two of the fifty states permit execution for first-degree murder. (Death Penalty Information Center) A majority of executions are carried out through lethal injection, but electrocution, hanging, the gas chamber, and firing squads are still legal in a few states. In states that allow for more than one option, death row inmates are allowed to choose their execution given qualifying circumstances. Under specific circumstances and in certain jurisdictions, treason, kidnapping, aggravated rape, felony murder, and murder while unde...
Support for the death penalty has fluctuated throughout the century. According to Gallup surveys, in 1936 61% of Americans favored the death penalty for persons convicted of murder...
Koch, L.W., Wark, C., Galliher, J.F. (2012). The death of the American death penalty. Lebanon, NH: Northeastern University Press.
The question has been raised whether it is moral for a physician to participate in the administration of the death penalty. This is an issue that many professionals in the field have strong opinions about, regardless of their own personal beliefs about the death penalty in general. Physicians are traditionally practitioners of the healing arts; is using this knowledge to put someone to death a corruption of their professional ethics? In order to fully understand the issues surrounding physician participation in the death penalty, it is necessary to explore three main areas of analysis. First, we must survey the ethical justification for the death penalty. If the death penalty itself is morally unjustified, then physician participation in it is, by definition, wrong. Secondly, justification of the death penalty aside, do condemned criminals retain a right to health that the death penalty would violate? Finally, we will examine the special duties of the physician - even if the death penalty in general is justified, is there perhaps a subtler breach of ethical duties by inviting physician participation in the process?
Kant formulates several notions of what the categorical imperative must be and sometimes seems to confuse how many definitions he has suggested. But it seems to be clear that the Formulas I and III carry more importance in developing our subjective maxims for action than the other three Formulas. While these other three formulas provide additional considerations for our formulation of subjective principles, they are secondary to the Formulas I and III.
24 U.S. General Accounting Office, "Death Penalty Sentencing: Research Indicates Patterns of Racial Disparities," The Death Penalty in America, 271.
In this paper I will argue for the moral permissibility of the death penalty and I am fairly confident that when the case for capital punishment is made properly, its appeal to logic and morality is compelling. The practice of the death penalty is no longer as wide-spread as it used to be throughout the world; in fact, though the death penalty was nearly universal in past societies, only 71 countries world-wide still officially permit the death penalty (www.infoplease.com); the U.S. being among them. Since colonial times, executions have taken place in America, making them a part of its history and tradition. Given the pervasiveness of the death penalty in the past, why do so few countries use the death penalty, and why are there American states that no longer sanction its use? Is there a moral wrong involved in the taking of a criminal’s life? Of course the usual arguments will be brought up, but beyond the primary discourse most people do not go deeper than their “gut feeling” or personal convictions. When you hear about how a family was ruthlessly slaughtered by a psychopathic serial killer most minds instantly feel that this man should be punished, but to what extent? Would it be just to put this person to death?
Mappes, Thomas A., Jane S. Zembaty, and David DeGrazia. "The Death Penalty." Social Ethics: Morality and Social Policy. 8th ed. New York: McGraw-Hill, 2012. 105-53. Print.
Peffley, Mark, and Jon Hurwitz. "Persuasion And Resistance: Race And The Death Penalty In America." American Journal Of Political Science 51.4 (2007): 996-1012. Academic Search Complete. Web. 7 Nov. 2014.
Pasquerella, Lynn. “The Death Penalty in the United States.” The Study Circle Resource Center of Topsfield Foundation. July 1991. Topsfield Foundation. 03 Feb 2011. Web.
The first formulation of the Categorical Imperative “act only according to that maxim by which you can at the same time will that it should become a universal law” seems at face value viable. Nevertheless the lack of guidelines to determine which maxim should be used to describe an action causes problems with the consistency of the Universal Law formulation. Moreover, the abundance of false positives and false negatives suggests a deep problem with the first formulation of the Categorical Imperative that may not be fixable.
Bedau, H. A. (2004). Killing as Punishment:Reflections on the Death Penalty in America. York, Pennsylvania. Maple Press. Northeastern University Press. Print
Van Den Haag, Earnest, and John Conrad. The Death Penalty: A Debate. New York: Plenum Press, 1997.