Death penalty neg inherency Answers



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Death Penalty Negative
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2nc – Morally Right

The retributive doctrine is not eye for an eye- its about giving the highest level of punishment to the highest level of crime being the only way to bring justice to insecure societies


Brooks ‘17 (Thom Brooks, "Hegel’s Political Philosophy: On the Normative Significance of Method and System," edited by Thom Brooks & Sebastian Stein, 05 June 2017, Durham Research Online, http://dro.dur.ac.uk/21955/1/21955.pdf, accessed 6-27-2020 MS
An example of how crimes are never fixed for any specific punishment is Hegel’s views on the death penalty. A well known defender of capital punishment, Hegel says: although retribution cannot aim to achieve specific equality, this is not the case with murder, which necessarily incurs the death penalty. For since life is the entire compass of existence [Dasein], the punishment cannot consist [bestehen] in a value – since none is equivalent to life – but only in the taking of another life (PR, §101A). Hegel’s argument is that death is an appropriate punishment for murder, but not because it is a life for a life. Instead, murderers should be executed because the most serious offence should be punished with the highest gravity. That the murderer has taken a life and the most appropriately grave punishment is his death is a coincidence.37 What counts is the comparative value and we should not be misled into thinking Hegel’s support for the death penalty is grounded on some view of the lex talionis or some idea that punishments should mirror their corresponding crimes. But nor is Hegel’s support for capital punishment absolute or timeless. In making some remarks about Beccaria’s theory of punishment, Hegel says: ‘The death penalty has consequently become less frequent, as indeed this ultimate form of punishment deserves to be’ (PR, §100A). For Hegel, a crime may warrant execution as a punishment, but this might change over time as circumstances evolve. And his support for the death penalty is far from unequivocal in claiming it ‘deserves’ to become less frequent. This comment fits his later remarks about how the stability of civil society influences the amount of punishment: as society becomes more secure, the need for punishments like the death penalty start to dissipate.



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