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Volume :28 Issue : 111 2010      Add To Cart                                                                    Download

On the Moralities of the Grand Penalty (in Arabic)

Auther : Najeeb Al-Husadi

This study deals with the issues of Grand Penalty (GP), known as Capital Punishment. It attempts to:
1. Clarify the mixed emotions raised by such a penalty;
2. Discuss the nature of ethical disputes in religious contexts;
3. Distinguish between legal justifications and moral justifications;
4. Provide some significant factual considerations;
5. Present the arguments of proponents of GP;
6. Present the arguments of opponents of GP;
7. Analyze the stances taken by Kant and Hart with regard to GP;
8. Suggest some conditions to be met by any coherent account which purports to solve the relevant issues.
In providing the relevant factual considerations (4), the study compares the Arabic-Libyan society, which adopts the Islamic (divine) Jurisprudence, with the American society, which prefers a positive (man_made) one. The motive behind this choice is that although GP is applied in both societies, it is applied for different reasons. Furthermore, the arguments provided by scholars of Law and Ethics in the latter society, but not the former, discuss the relevant problems without postulating any religious doctrines, or assuming any conventional rules. Instead, they tackle them in accordance with a variety of ethical principles, and in a way which is conducive to presenting visions that are sufficiently different to enrich philosophical discussion, and promising to open new horizons for lawmakers.

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