publication . Article . 2017

Dignity and the death penalty in the United States Supreme Court

Bharat Malkani;
Open Access English
  • Published: 01 Jan 2017
  • Publisher: University of California
  • Country: United Kingdom
Abstract
The US Supreme Court has repeatedly invoked the idea of dignity in its Eighth Amendment jurisprudence, particularly in cases involving capital punishment. However, it has never articulated a clear and consistent conception of dignity. The first half of this paper examines the Court's inconsistent use, and highlights how various justices have used different conceptions of human dignity, communitarian dignity, and institutional dignity to uphold the constitutionality of capital punishment. This stands in contrast to how foreign and international authorities have used the idea of dignity to advance abolition. \ud \ud The second half of this paper uses the Supreme C...
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