Phil 102B: Study Guide for Exam 3

For the exam, you should be able to perform the following tasks:

  • Articulate the four theories of punishment and describe what each of these theories would say about the permissibility of capital punishment.
  • Articulate the arguments the Court gives in Gregg v. Georgia for why the death penalty does not violate the 8th Amendment.
  • Articulate the Court's conception of what justifies capital punishment.
  • Explain the features of the Georgia law that the Court found must be present in order for a capital punishment system to be considered justified.
  • Explain Warren's conception of the two claims being made in the Court's retributivist justification for capital punishment.
  • Explain why Warren dissents from the majority in Greg v Georgia.
  • Explain the two types of punishment described by Kant.
  • Explain Kant's conception of what justifies punishment.
  • Explain how Kant thinks we should apply the lex talionis given that social inequalities render a strict application of the principle impossible.
  • Explain Kant's position on the death penalty.
  • Explain the objections to capital punishment that Van den Haag considers as well as his response to them.
  • Explain Van den Haag's account of what justifies the death penalty.
  • Explain why Van den Haag believes that it would be wrong to televise executions.
  • Describe the two version of retributivism articulated by Reiman.
  • Explain how Reiman justifies retributivism.
  • Explain why Reiman believes the death penalty is not an appropriate punishment for the crime of murder.
  • Describe the four arguments Reiman gives against Van den Haag.
  • Expalin Gelernter's position on Capital Punishment.
  • Describe the objections to his position that Gelernter considers and why he rejects them.
  • Explain Gelernter's position on death row inmates who repent of their crimes.