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A Buddhist Theory of KillingPersons as the Objects of Lethal Justice

A Buddhist Theory of Killing: Persons as the Objects of Lethal Justice [This chapter engages an in-depth comparative analysis of theories of preventive and neo-Kantian retributivist lethal punishment and their Buddhist critique, taking in metaphysical, psychological and normative grounds. After distinguishing legal lethal punishment in its preventive and deterrent senses of justification, a representative neo-Kantian argument for capital punishment is surveyed in detail. This account is then contextualised with respect to Buddhist normative considerations around suffering and moral consequence, relating these to the Buddhist heuristics analysed in Chap. 3. Buddhist metaphysical and psychological analyses of the bases of and justification for capital punishment are engaged to refute the putatively rational grounds brought to its defence, thereby presenting an alternative account of punishment seeking to honour legitimate grievances. A Buddhist theorisation of restorative justice thus addresses the epistemic and normative dimensions of judging heinous crime and its appropriate punishment, as well as the value of the dignity of persons originally brought to the defence of retributive killing. On the Buddhist account, lethal punishment can only succeed in perpetuating the moral-psychological preconditions for crime such punishment is intended to justly punish.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

A Buddhist Theory of KillingPersons as the Objects of Lethal Justice

Kovan, Martin
Springer Journals — Jun 21, 2022
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22 pages

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Publisher
Springer Nature Singapore
Copyright
© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2022
ISBN
978-981-19-2440-8
Pages
165 –187
DOI
10.1007/978-981-19-2441-5_10
Publisher site
See Chapter on Publisher Site

Abstract

[This chapter engages an in-depth comparative analysis of theories of preventive and neo-Kantian retributivist lethal punishment and their Buddhist critique, taking in metaphysical, psychological and normative grounds. After distinguishing legal lethal punishment in its preventive and deterrent senses of justification, a representative neo-Kantian argument for capital punishment is surveyed in detail. This account is then contextualised with respect to Buddhist normative considerations around suffering and moral consequence, relating these to the Buddhist heuristics analysed in Chap. 3. Buddhist metaphysical and psychological analyses of the bases of and justification for capital punishment are engaged to refute the putatively rational grounds brought to its defence, thereby presenting an alternative account of punishment seeking to honour legitimate grievances. A Buddhist theorisation of restorative justice thus addresses the epistemic and normative dimensions of judging heinous crime and its appropriate punishment, as well as the value of the dignity of persons originally brought to the defence of retributive killing. On the Buddhist account, lethal punishment can only succeed in perpetuating the moral-psychological preconditions for crime such punishment is intended to justly punish.]

Published: Jun 21, 2022

Keywords: Capital punishment and Buddhism; Capital punishment and deterrence; Capital punishment and retribution; Kantian and neo-Kantian retributivism; Just requital; Moral psychology and lethality; Restorative justice and Buddhism

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