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9 - Sovereignty and the Unnecessary Penalty of Death

European and United States Perspectives

Published online by Cambridge University Press:  04 February 2011

Austin Sarat
Affiliation:
Amherst College, Massachusetts
Jürgen Martschukat
Affiliation:
Erfurt University
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Summary

INTRODUCTION

José Luis Rodríguez Zapatero, the Prime Minister of Spain, stated in the United Nations' Palace of Nations in Geneva on February 24, 2010, that the Spanish government will take a leading role in promoting the worldwide abolition of the death penalty. It would promote initiatives within the European Union and the United Nations, and also create an International Academic Network Against the Death Penalty. Prime Minister Zapatero's visionary position can be placed within the marked proliferation, most clearly demonstrated since the late 1980s, of sovereign governments accepting the arguments that the death penalty is an ineffective penal policy, and that it is also a violation of human rights. This statement in the United Nations can be seen as a further political approval, and a strategic continuation, of the first adopted United Nations General Assembly resolution calling for a worldwide moratorium on the death penalty in December 2007, and in 2008 the General Assembly affirmed “the decisions taken by an increasing number of States to apply a moratorium on executions and the global trend towards the abolition of the death penalty.” As of March 2010, 139 countries have abolished the death penalty, and since 2000, there have been 23 countries that have abolished this punishment in all circumstances. A minority of 58 countries have the death penalty on their statute books, but in 2008, only 25 countries were known to Amnesty International to have administered an execution, and it is notable that “[n]inety three percent of all known executions took place in five countries: China, Iran, Saudi Arabia, Pakistan and the USA.”

Type
Chapter
Information
Is the Death Penalty Dying?
European and American Perspectives
, pp. 236 - 267
Publisher: Cambridge University Press
Print publication year: 2011

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References

Schabas, William A., The Abolition of the Death Penalty in International Law, 3rd ed, (Cambridge: Cambridge University Press, 2002)CrossRefGoogle Scholar
Hood, Roger and Hoyle, Carolyn, ‘Abolishing the Death Penalty Worldwide: The Impact of a “New Dynamic,”’ in Crime and Justice: A Review of Research (Chicago: University of Chicago Press, 2009)Google Scholar
Hood, Roger and Hoyle, Carolyn, The Death Penalty: A Worldwide Perspective, 4th ed, (Oxford: Oxford University Press, 2008)CrossRefGoogle Scholar
Derrida, Jacques, ‘Capital Punishment: Another “Temptation of Theodicy,”’ in Benhabib, Seyla and Fraser, Nancy (ed), Pragmatism, Critique, Judgment: Essays for Richard J. Bernstein, (Cambridge: MIT Press, 2004), pp. 202–3Google Scholar
Megivern, James noted that the “old argument used to justify the theoretical legitimacy of the state's right to execute continued to be repeated by defenders of capital punishment, but it would never sound the same after Hitler,” in The Death Penalty: An Historical and Theological Survey (New York: Paulist Press, 1997), p. 282Google Scholar
Paget, R.T. and Silverman, S.S., Hanged-And Innocent? (London: Victor Gollancz Ltd, 1953), p. 259Google Scholar
Hart, H.L.A., Punishment and Responsibility: Essays in the Philosophy of Law (Oxford: Clarendon Press, 1968), p. 71Google Scholar

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