Introduction
Chapter One: Death and Retribution
Chapter Two: The Necessity of Execution
Chapter Three: The Irrevocability of Execution
Chapter Four: The Argument for Abolition
Chapter Five: The Prospects of the New Proceduralism
References
Benjamin S. Yost is Associate Professor of Philosophy at Providence
College and has previously taught at Harvard University and Cornell
University. His specializations include the philosophy of
punishment and Kant's practical philosophy, with his published work
appearing in journals such as Utilitas, Journal of the American
Philosophical Association, Kantian Review, and Continental
Philosophy Review. He is currently
co-editing a volume entitled Philosophers on the Movement for Black
Lives.
"Yost...has written a brilliant analysis of philosophical arguments
for and against the death penalty. Surveying hundreds of scholarly
articles and works about capital punishment, the author carefully
documents the inadequacies of pro-death penalty reasoning used by
philosophers from Immanuel Kant to the present. Yost covers
political theories, philosophical arguments, and legal
justifications, surveying issues such as deterrence,
irrevocability, cost/benefit
balance, inadequacy of attorneys, and the inherent fallibility of
the American criminal justice system. Most important, he identifies
a serious paradigm shift toward abolition of the death
penalty...This is a seminal, comprehensive treatment of the capital
punishment...Essential." -- CHOICE
"This book is a gem, and it's worth thinking through Yost's
arguments even if one ends up not entirely persuaded. Yost's first
chapter is a model of what every introduction to a philosophy book
should look like: he motivates his position, lays out his argument,
and anticipates objections...Yost develops the irrevocability
argument against the death penalty with more care and
sophistication than anyone else in the literature that I'm aware
of. In light of how
long and storied philosophical debates over the death penalty are,
this is no small feat. Yost leaves those who advocate for the death
penalty with much less ground to stand on." -- Criminal Justice
Ethics
"Benjamin S. Yost has written a meticulously researched and tightly
argued treatment of the morality of execution...Yost's book is the
most powerful treatment of the procedural argument against
execution in the scholarly literature. Its intricate arguments
richly repay close study. In light of the injustice of capital
punishment, we can only hope that Yost's arguments will serve as
potent intellectual ammunition for the righteous citizens fighting
tirelessly
for abolition. I recommend the book wholeheartedly." -- Notre Dame
Philosphical Reviews
"Philosophically, this book is to date the most sophisticated
presentation of the proceduralist case for abolishing capital
punishment. Opponents of the death penalty will be able to draw
with profit upon Benjamin Yost's nuanced arguments, and supporters
of the death penalty will need to come to grips with those
arguments in order to counter them." --Matthew H. Kramer, Professor
of Legal and Political Philosophy, Cambridge University
"The death penalty is the most severe punishment available for
those countries that still retain it. Debates about whether it can
be justified have run for as long as there has been capital
punishment in any society--where each side largely digs in against
the other. Benjamin Yost's defence of procedural abolitionism opens
a new, convincing front as to why all of us, including
retributivists, should not support death as a punishment." --Thom
Brooks, Dean
& Professor of Law and Government, Durham University
"Appealing to the inherent human fallibility in the administration
of the death penalty, Yost's Against Capital Punishment is a
careful (and novel) attempt to show that capital punishment should
be abolished. Legitimate legal systems correct and remedy their
errors, but this commitment, Yost argues, is incompatible with
punishing even the worst criminals with death. By shifting debates
about capital punishment away from familiar disputes about
desert
and deterrence toward neglected questions about its place in fair
legal practices, Yost succeeds in altering the parameters of
scholarly discussions surrounding capital punishment's
defensibility." --Michael
Cholbi, Department of Philosophy, Cal Poly Pomona
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