Abstract
Among all the different types of penalties that exist in the various juridical systems around the world, capital punishment, also known as the death penalty, is one of the most controversial ones. The discussion about its legitimacy and legality crosses social, philosophical, cultural, religious and historical fields. The present article aims to first analyze how capital punishment is treated in different parts of the world, whether it is present or not, and to later on focus on the attempts to justify such a harsh punishment, by both the retributive and utilitarian theories of punishment.References
Bailey C., Peterson R., Murder, Capital Punishment, and Deterrence: A Review of the Evidence and an Examination of Police Killings, Sociology & Criminology Faculty Publications,Paper 33, 1994, http://engagedscholarship.csuohio.edu/clsoc_crim_facpub/33 [access: 2.11.2014].
Beccaria C., On crimes and punishments, transl. H. Paolucci, New York 1963.
Bedau H.A., Retribution and the Theory of Punishment, “The Journal of Philosophy” 1978, vol. 75, no. 11.
Bentham J., An Introduction to the Principles of Morals and Legislation, New York 1948.
Deterrence and the Death Penalty, eds. D. Nagin, J. Pepper, Washington 2012.
Hart H.L.A., Punishment and Responsibility. Essays in the Philosophy of Law, Oxford 1968.
Lessnoff M., Two Justifications of Punishment, “The Philosphical Quarterly” 1971, vol. 21, no. 83.
Marquart J.W., Sorensen J.R., A National Study of the Furman-Commuted Inmates: Assessing the Threat to Society from Capital Offenders, “Loyola of Los Angeles Law Review” 1989, no. 5, http://digitalcommons.lmu.edu/llr/vol23/iss1/2 [access: 20.01.2015].
Potter N.T., Jr., Kant and Capital Punishment Today, “The Journal of Value Inquiry” 2002, no. 36.
Sheid D.E., Kant’s Retributivism, “Ethics” 1983, vol. 93, no. 2.