Encyclopedia of Opinion
Question
Should the death penalty be abolished?
Position‹2 of 2
No, we should not abolish the death penalty
Argument‹2 of 5›

The death penalty affirms the value of human life

By punishing human rights violations zealously, the death penalty affirms the value of all human life.

The argument

The argument starts from a premise its opponents also accept: human lives are invaluable. If that is so, then we must treat every person's life with dignity and respect, and the institutions of a society have to express that valuation rather than merely announce it. What follows is a claim about punishment. In committing heinous crimes, people do not simply break a rule; they treat invaluable human beings as if their lives are dispensable. They grievously violate their victims' rights, often subjecting them to torturous treatment and death. The wrong lies not only in the harm inflicted but in the judgement embodied in inflicting it — the practical declaration that this particular life counted for nothing. Punishment, on this view, is how a community answers that declaration. A penalty is not only a deterrent or a cost imposed on the offender; it is a public statement about the seriousness of what was done. If our society claims to value its citizens, it must punish those who take human life appropriately, which means proportionately to the wrong. Where the response to deliberately destroying an invaluable life is something the offender can serve out and survive, the response itself implies that the life taken was worth less than everything, and the valuation the society claims to hold is quietly contradicted by its own practice. The only fitting punishment for such a grievous wrong is death. Understood this way the death penalty is not a contradiction of the principle that life is invaluable but its strictest application. It sends a clear message: humans are valuable and taking another's life is not an inconsequential wrong. In making this statement it ultimately affirms the value of human life, and because the penalty is what gives the statement its force, removing it would weaken the very valuation it expresses. For this reason, we should not abolish the death penalty.

Premises

[P1]Human lives are invaluable, so every person's life must be treated with dignity and respect. [P2] Those who commit murder treat invaluable human beings as dispensable and grievously violate their victims' rights. [P3] A society that genuinely values its citizens must punish such a wrong appropriately, and the only fitting punishment for taking a life is death, which sends the clear message that human life is valuable. [C] Therefore, because the death penalty affirms the value of human life, we should not abolish it.

Counter-arguments

Our society should certainly value human life, and punish murder in a fitting way. However, this does not necessarily mean that we must retain the death penalty. Through giving life in prison sentences, we can continue punishing human rights violations, ensuring that our communities know life is valuable. In this way, we can send a clear message of value for all life- not just the victims' lives. Although many argue that the death penalty reflects value for life, it completely devalues the lives of criminals. Regardless of their past mistakes, criminals are people too. They deserve to be treated with dignity and respect. The death penalty reflects value for only certain peoples' lives and should be abolished.

Rejecting the premises

[Rejecting P1] This premise is the one the argument's conclusion has to survive, and it stands in tension with it. If every life is invaluable and must be treated with dignity, the principle covers the person to be executed as well, and no ground is offered for exempting them beyond their conduct — which is precisely the point in dispute. [Rejecting P2] The description of the wrong is not contested, but nothing about the gravity of an act settles the form its punishment must take. The same reasoning would license torture for torture and arson for arson, which almost no proponent of this position accepts. [Rejecting P3] "The only fitting punishment" is asserted, and the whole argument rests on it. Proportionality does not require equivalence, and legal systems abandoned exact reciprocity long ago for reasons the premise never addresses: irreversibility in the face of wrongful conviction, which is not hypothetical; unequal application by jurisdiction, by race of the victim and by quality of counsel; and the finding that capital cases cost more and take longer than life sentences. The counter puts the expressive point directly — a state that declines to kill can equally be understood as making a statement about the value of life.