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Death Penalty as A Moral Controversy Issue
Name: Abbygayle Blackwood
Institutional Affiliation: Chamberlain University
Course: ETHC445N
Instructor: Eldar Sarajlic
Date: May 23
rd
, 2023
Death Penalty as A Moral Controversy Issue
Given that it touches on significant concerns like human rights and dignity, the topic of
the death penalty, often known as capital punishment, is one of moral controversy. The perpetual
nature of the death penalty is also causing concern because the legal system is faulty and
innocent individuals may be wrongfully indicted and executed (Rachels & Rachels, 2014).
Another highly debated subject is the usefulness of the death sentence as a deterrent to crime.
While opponents claim that there is little scientific evidence to back the claim that the death
penalty is more deterrent than other types of punishment, proponents maintain that the harshness
of the death penalty may prevent potential criminals from committing crimes.
Moral supporters of the death penalty argue that it offers a fair punishment that
appropriately represents the seriousness of the crime in response to horrific crimes. Others
believe that the money spent on housing and caring for those who have been given life sentences
without the possibility of release would be better spent on victim assistance or crime prevention
(Marak & Thanigaivelan, 2022). However, some advocates believe that the death sentence gives
victims' families and loved ones a feeling of closure and justice.
On the other hand, opponents of the death penalty contend that regardless of their deeds,
every human being has an innate sense of worth and the right to life. One of the central moral
objections to the death penalty is the fallibility of the justice system. Critics argue that no legal
system is infallible, and the risk of wrongful convictions and executions is too high. Others argue
that the methods used in capital punishment, such as lethal injection, electrocution, or hanging,
can be seen as cruel and inhumane.
From an ethical egoist perspective, one's opinion of the death penalty would depend on
how they felt it affected their own self-interest. For instance, if an ethical egoist thinks the death
sentence effectively deters crime, reducing the danger of harm to oneself and society, they might
favor it. Some ethical egoists can also contend that everyone, including themselves, gains from a
just and orderly society in which people are held responsible for their acts. On the other hand,
moral egoists who favor minimal government involvement can be opposed to the death penalty.
They may argue that the death penalty gives the government an excessive amount of control over
life and death, and that this control could jeopardize people's freedom and autonomy (Feron,
2021).
Ethical egoism focuses on individual self-interest, and different individuals may have
different interpretations of what is in their own best interest. Thus, ethical egoists can hold
divergent views on the death penalty based on their unique perspectives and assessments of how
it aligns with their self-interest. If the need arises to justify their stance on the death penalty, an
ethical egoist would likely emphasize how they believe it promotes their own self-interest. When analyzing the question of the death penalty for ethical egoists, there can be tension
between commitment to oneself and allegiance to the community. If an ethical egoist's self-
interest conflicts with the goals or ideals of the community, such as in the case of the death
penalty, there may be an issue at play. For instance, if an ethical egoist believes that accepting the
death sentence will help lower crime rates and improve their own safety, they may place more
importance on their own safety and well-being than on the welfare of the community. However,
an ethical egoist might oppose capital punishment if an ethical egoist believes that the death
penalty infringes upon individual rights or grants excessive power to the state. Also, if an ethical
egoist strongly opposes the death penalty based on their moral values, they may choose to
prioritize their own convictions over conforming to the community's norms and support
abolishing or reforming the death penalty. In my opinion, I feel that abolishing the capital
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punishment is the best course of action since the legal system can be fallible and capital
punishment is irreversible.
The social contract theory, which claims that moral obligations and principles originate
from an implicit or explicit agreement among members of a society, would be the lens through
which a social contract ethicist would approach the question of the death sentence (D'Olimpio,
2019). An advocate of the social contract would probably argue that the social contract's
provisions must be upheld for the death sentence to be justified. A social contract theory
argument for the death sentence might be that it preserves social stability and order. Another
justification for the death sentence offered by social contract ethicists is that it is appropriate if it
results from a democratic and inclusive decision-making process. A social contract ethicist would
therefore choose a side. Therefore, social contract ethicists would take sides based on their
interpretation of the social contract and the principles derived from it.
Social contract ethicist would justify their position on the death penalty by arguing that if
most individuals in a society have consented to a legal system that includes the death penalty as a
form of punishment for certain crimes, then it is morally acceptable within that social
framework. They may also claim that the threat of severe punishment, such as the death penalty,
acts as a deterrent against committing heinous crimes and helps to create a stable and secure
society for all members. Those who support capital punishment might argue that individuals who
violate the social contract and commit heinous crimes deserve to face the ultimate punishment as
a proportionate response to their actions.
When analyzing the death sentence issue, a social contract ethicist may see a conflict or
tension between personal and national commitments. The social contract theory strongly
emphasizes the duties and responsibilities that each person has as a member of society.
According to this perspective, individuals are part of a collective agreement or social contract
that establishes their community's rules, institutions, and norms. From a social contract ethicist's
viewpoint, individuals have an obligation to adhere to the terms of the social contract and respect
the decisions made collectively through democratic processes. However, a collision can occur
when an individual's personal moral opposition to the death penalty conflicts with the existence
of a legal system that includes capital punishment as part of the social contract. In such cases,
individuals may face a conflict between their personal obligations based on their moral values
and their obligations as members of a society that has collectively accepted the death penalty.
References
D’Olimpio, L. (2019). Moral education within the social contract: Whose contract is it anyway? Journal of Moral Education
, 48
(4), 515-
528. https://doi.org/10.1080/03057240.2019.1580565
Feron, J. (2021, March 5). The death penalty: Attributability, accountability, and the capacity for self-correction
. UR Scholarship Repository. https://scholarship.richmond.edu/honors-
theses/1582/
Marak, E. B., & Thanigaivelan, S. (2022, November 19). Moral Justifications of Capital Punishment
. One moment, please... https://pnrjournal.com/index.php/home/article/view/3669
Rachels, S., & Rachels, J. (2014). The elements of moral philosophy
. McGraw-Hill Education.
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