Volume 24, 2017
Capital Punishment: a Buddhist Critique
University of Melbourne
Capital punishment is practiced in many nation-states, secular and religious alike. It is also historically a feature of some Buddhist polities, even though it defies the first Buddhist precept (pāṇatipātā) prohibiting lethal harm. This essay considers a neo-Kantian theorization of capital punishment (Sorell) and examines the reasons underwriting its claims (with their roots in Bentham and Mill) with respect to the prevention of and retribution for crime. The contextualization of this argument with Buddhist-metaphysical and epistemological concerns around the normativization of value, demonstrates that such a retributivist conception of capital punishment constitutively undermines its own rational and normative discourse. With this conclusion the paper upholds and justifies the first Buddhist precept prohibiting lethal action in the case of capital punishment.