Welcome to what we expect will be a very interesting and productive discussion of Michael Cholbi and Alex Madva‘s, “Black Lives Matter and the Call for Death Penalty Abolition.” The paper is published in the most recent edition of Ethics and is available through open access here. Erin Kelly has kindly agreed to contribute a critical précis, and it appears immediately below. Please join in the discussion!
Erin Kelly writes:
Michael Cholbi and Alex Madva’s paper, “Black Lives Matter and the Call for Death Penalty Abolition,” argues that capital punishment wrongs black defendants and black communities, and that the proper remedy for this wrong is abolition of the death penalty. In developing this argument, they make an interesting case for understanding the racial wrongs of capital punishment in political terms—as instances of distributive injustice—rather than (simply) in terms of a failure to achieve retributive justice. I will explore both the nature of their claims about distributive justice and their criticism of retributive justice. I won’t address the case for abolition, which flows naturally from their conclusions about the harm done by the death penalty. Instead I will suggest, briefly, how their argument against the retributive theory could be stronger.