The Death Penalty and Human Dignity: An Existential Fallacy

Susan Nagelsen and Charles Huckelbury
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Susan Nagelsen: Writing Department, Curry College, Milton, MA 02186, USA
Charles Huckelbury: Independent scholar, Henniker, NH 03242, USA

Laws, 2016, vol. 5, issue 2, 1-5

Abstract: Proponents of capital punishment in the United States frequently cite the evolution from electrocution and hanging to lethal injection as an indication that the evolving standards of decency exhibited by such a transition demonstrate a respect for human dignity. This essay examines that claim by evaluating two standards for assessing whether an act comports with accepted definitions of human dignity: a personal-achievement model, based on work by economist Amartya Sen of Harvard University, and a universal and intrinsic approach to human dignity articulated by criminologist Robert Johnson of the American University. We evaluate Sen’s capabilities model through the lens of a condemned prisoner’s ability to achieve self-defined goals. We then assess Johnson’s claim that preserving human dignity requires an elimination of the death penalty, irrespective of any prisoner’s ability to lead a restricted, albeit goal-directed, existence.

Keywords: human dignity; death penalty; capabilities approach; lethal injection (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2016
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