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Death Penalty

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Death Penalty
Minimal Invasion Argument In his paper, “The Minimal Invasion Argument Against the Death Penalty”, Hugo Adam Bedau argues against the death penalty. Bedau’s purpose is to convince people to favor the lifetime imprisonment over the death penalty with an argument that had been previously used by other authors called “The minimal Invasion Argument”, which he considers to be “the best argument against the death penalty”(Bedau, 4). In this paper I will describe Bedau’s argument and show how he has some weaknesses addressing the concept of the minimal invasion argument by ignoring what in my opinion is the main reason why the death penalty has not been abolished; this reason being our incapacity as humans to “define” our environment. When we call one thing by a name we believe this thing is the name by which we have called it. For example when we call somebody a criminal we take away many of the characteristics that make us equal to the criminal and then just call him or her a criminal. With this essay I want to prove that in some cases as human beings we need to believe in re-definition, in change; all this in order to build a better society. To do this I will first explain Bedau’s argument as best as possible and then conclude with the issues I found on it that are based on our language as the interpreter of our world. The Minimal invasion Principle as is described by Bedau goes as follows: (1) The Principle: Governmental invasions of an individual's privacy, liberty, and autonomy (or other fundamental values) are justified only if no less invasive practice is sufficient to achieve an important social goal. (2) Therefore, punishment is justified only if it is necessary as a means to some socially valid end. (3) The death penalty is more severe--more invasive--than long-term imprisonment. (4) To achieve valid social goals, long-term imprisonment is sufficient as an invasion of individual liberty, privacy, and autonomy (and other


Cited: Bedau, Hugo Adam. "The Minimal Invasion Argument against the Death Penalty." Criminal Justice Ethics21.2 (2002): 3-8. Philosopher 's Index. EBSCO. Web. 15 Feb. 2011. Bennett, Jonathan. "Leviathan by Thomas Hobbes." Early Modern Texts - Philosophers and Philosophy Topics. July 2006. Web. 29 Mar. 2011. .

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