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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Format: | Article |
Language: | English |
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Sciendo
2020-05-01
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Series: | British Journal of American Legal Studies |
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Online Access: | https://doi.org/10.2478/bjals-2020-0003 |