Justice in the Shadow of Death: Rethinking Capital and Lesser Punishments

Product Description In 1994, Congress established more than sixty new capital crimes with wide public support. Davis argues that, if the U.S. is ever to join the majority of the world in abolishing capital punishment, opponents of the death penalty must make a stronger philosophical case against it. He systematically dissects the arguments in favor of capital punishment and demonstrates why they are philosophically superior to opposing arguments. By connecting the death penalty to a general theory of punishment in which penalties are retributive in proportion to the crime, Davis shows why we must reconceive the entire criminal justice system and address violent crime more successfully before the death penalty can be successfully opposed. Review An interesting, original and provocative book. Davis has illuminating things to say about issues that other philosophers rarely touch, such as, whether it is appropriate for doctors to participate in executions, and what punishment the crime of rape deserves. -- Jeffery Reiman, William Fraser McDowell Professor Philosophy, American UniversityDavis's book is the latest challenge to complacent thinking by those who oppose the death penalty. Whether or not one agrees with him, grappling with his arguments can only improve the level of debate on this controversial issue. His book is an example of applied philosophy at its best. -- Hugo Adams Bedau, Tufts UniversityThis work is important...for its careful discussions of the death penalty, preventive detention, and the method of determining appropriate legal penalties, with case studies in rape and bad samaritanism... It will surely be referred to widely, among scholars, and made use of by scholars and students. -- Nelson Potter, University of Nebraska About the Author Michael Davis is Senior Research Associate at the Center for the Study of Ethics in the Professions at Illinois Institute of Technology. He is the author of To Make the Punishment Fit the Crime.