PHIL 2103 Lecture Notes - Lecture 2: Eye For An Eye
7 May 2018
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Jeffer reia agaist the death pealt
1. Though the death penalty is just for some murderers, it is not unjust to punish murderers less
harshly
2. Though the death pealt ould e justified if eeded to deter future urders, e do’t hae
any good reason to think it does
3. In refraining from administering the death penalty, the state sets a moral example by reducing
our tolerance for cruelty
• The overall conclusion, then, is that it is good in principle to refrain from the death penalty and
bad in practice to impose it
• First three (bad) reasons to be against the death penalty
A. If murder is wrong, then the death penalty is wrong
▪ Murder is illegal
▪ Death penalty is legal
B. Death is an irrevocable punishment
▪ Prison is irrevocable (time)
C. Killing someone to protect others (i.e. as a deterrent) violates the Kantian prohibition
against using others as a means.
▪ Ought not to treat people as a mere means (Kantian view)
▪ Jail time could also be used as a means
• Even criminals can be served by the death penalty
o They were a potential criminal
o They would think twice about murder
o This would benefit potential criminals (not a mere means)
• Okay now on to the arguments for 1-3
• Argument for 1
o P1: if the lex talionis is just, then the death penalty is just
o P2: the lex talionis is just
o C: so the death penalty is just
o BUT the lex talionis does not imply that punishing less harshly than the rule allows is
automatically unjust
▪ Rape, torture, etc.
o Lex talionis: eye for eye, tooth for tooth; punishment should equal the crime
o Just because it would be just to do X, it may not be unjust to refrain from doing it
o What would you do for a rapist or a torturer?
▪ The same punishment is not given, but a punishment that is severe enough is
okay
• Argument for 2
o P: e do’t ko that the death pealt is eeded to deter future murders
o P: if P the e do’t hae a autoati reaso to support the death pealt
o C: so e do’t hae a autoati reaso to support the death pealt
o Death penalty vs lifetime in prison
▪ 1000 years in hell vs eternity in hell is thought of as equal so the lesser
punishment will be just as good as a deterrent
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