Rule of law abolitionism

Abstract

In the dark days of the 1980s and 1990s, the abolition of capital punishment was virtually unthinkable. However, a new form of abolitionism – which I call Rule of Law abolitionism – has raised the hopes of death penalty opponents. In this chapter, I elucidate the logic of the Rule of Law abolitionist argument, distinguishing it from its more familiar doctrinal and moral variants. I then assess its strengths and weaknesses. On the basis of this critique, I indicate the route Rule of Law abolitionism must travel to bring about the demise of the death penalty.

Citation

Yost, B.S. (2008), "Rule of law abolitionism", Sarat, A. (Ed.) Special Issue: Is the Death Penalty Dying? (Studies in Law, Politics, and Society, Vol. 42), Emerald Group Publishing Limited, Leeds, pp. 53-89. https://doi.org/10.1016/S1059-4337(07)00403-6