Revisiting Death's Difference: The Philosophical Anthropology of the U.S. Death Penalty and the Impossibility of Capital Due Process

Within the United States, legal challenges to the death penalty have held it to be a “cruel and unusual” punishment (contrary to the Eighth Amendment) or arbitrarily and unfairly enacted (contrary to the Fifth and Fourteenth Amendments). The Eighth Amendment requires that punishments not be dispropo...

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Bibliographic Details
Main Author: Marcar G.P.
Format: Article
Language:English
Published: Sciendo 2020-05-01
Series:British Journal of American Legal Studies
Subjects:
Online Access:https://doi.org/10.2478/bjals-2020-0003