Theoretical Foundation Of Abolishment Or Retainment Of The Death Penalty

This article makes a conclusion through the retention of the death penalty taken by the theoretical basis of humanitarian, retributivism , and utilitarianism, that the retention or abolition of the death penalty from our study should take utilitarianism position as a major conclusions.Since the beginning of modern times, scholars in western societies began to reform the death penalty system or want to abolished it. At the same time, some scholars propose the retention death penalty position. The focus of debate on the retention or abolition of the death penalty, primarily focused on the following two concepts . They are the absolute and relative of life right, and utilitarianism and retributivism.The life right is absolute or relative , and their respective advocates are : If the life right regard as an absolute concept of universality, then, even the killers, still has a possession of the right to life. Accordingly, the abolition of the death penalty will also be an inevitable conclusion. With the conclusions of the right to life is absolute commentators. On the contrary, if the right to life as a relative concept, even if the death penalty imposed on other criminals is improper, the death penalty is imposed on murderers legitimate, natural and inevitable. Retentionist commentators take this view. However, in fact, commentators of absolute and relative of life right often embarrassed to realize that the death penalty in reality possess a powerful deterrent, and sometimes had to apply the death penalty. Therefore, utilitarianism and retributivism has become a major controversy positions.Scholars who approve abolish the death penalty based on utilitarianism, argued that other penalty is smaller evil which compared with the death...