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Philosophy

1999

Selected Works

Tony Roark

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Full-Text Articles in Arts and Humanities

Retribution, The Death Penalty, And The Limits Of Human Judgment, Tony Roark Dec 1998

Retribution, The Death Penalty, And The Limits Of Human Judgment, Tony Roark

Tony Roark

So serious a matter is capital punishment that we must consider very carefully any claim regarding its justification. Brian Calvert has offered a new version of the "argument from arbitrariness," according to which a retributivist cannot consistently hold that some, but not all, first-degree murderers may justifiably receive the death penalty, when it is conceived to be a unique form of punishment. At the heart of this argument is the line-drawing problem, and I am inclined to this that it is a genuine challenge for the retributivist. I respond on behalf of the retributivist by formulating a line-drawing method that ...