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Case law has established by precedent the current status of capital
punishment in the United States.
Furman v. Georgia, 408 U.S.
238 (1972) (USSC+). This case stated that capital punishment was cruel and unusual treatment.
Gregg v.
Georgia, 428 U.S.
153 (1976) (USSC+). After states rewrote their codes capital punishment
is upheld.
Does eternal law sanction the use of capital punishment?
Pro
Eternal
law is an efficient operation free from the defects of the material laws
of nature and human reason. It would bind both the murderer and victim
equally in participation. Since both persons are created from the same substance
predating such, the eternal law is also injured. Taken in equal measures from the rule the murderer must compensate for the
injury that one's act has occurred to the victim. This may be argued as lex talonis or the position of retributive justice
for an offense, an eye for an eye (Anderson,
1998) (Aquinas, 1992).
Con
Amnesty International
states that major world religions emphasize mercy, compassion and forgiveness in their teachings. All major religious faiths
are still found in states that practice capital punishment. Similarly these faiths are found in states that have abolished
the death penalty. Abolishment does not oppose religion. In relation a desire for retribution states that one has earned the
right to be executed (Foley, 1983). One may oppose such on the ground that all life is sacred and that killing is always wrong
(Honeyman & Ogloff, 1996).
Does natural law sanction the use of capital punishment?
Pro
Natural law
does sanction the use of capital punishment. Such is second in participation to the first law or eternal law. The function
of the demonstratable laws of science are a reflection of their creation from eternal law but the material nature is mutable.
The natural law is fair to all. There is no distinction in the operations of nature from one country or one person to the
other. The natural reason of humans is fallible due to their birth in nature (Aquinas, 1992). Murder is an unnatural act and
compensation to the injured is still justifiable. Capital punishment is proportional to murder.
Con
Natural law does not support capital punishment.
Execution is only an additional unnatural act of state sponsored murder. If murder is an unnatural act; such should also be
kept for the state and the administration of justice. Capital punishment condones unnecessary violence. Execution therefore
could not be proportional by reason.
Does positive law sanction capital punishment?
Pro
All
capital punishment and its administration is the right of the sovereign to protect its citizens. This is a legal right, not
an act of the use of crime or vice to retaliate. Judicial and juridical punishment must be distinguished from natural punishment.
Capital punishment is inflicted on a person who has committed a crime and is legally convicted. In
such light the civil state and the sovereign are immune from guilt as
the agent of the victim and collective will as has been argued by Kant (Anderson, 1998).
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