In 2008, proponents of capital punishment for rape believed they had a winning case that would allow the use of capital punishment for some nonlethal crimes. Patrick O’Neal Kennedy from Harvey, Louisiana was sentenced to death after he was convicted of raping his eight-year-old stepdaughter. The rape was uncommonly brutal in its severity. The injuries that Kennedy’s stepdaughter sustained from the repeated rapes required emergency surgery. Kennedy initially maintained that the battery was committed by two neighborhood boys. He even refused to plead guilty when a settlement was offered to spare him from a death sentence. In 2003, Kennedy was convicted and sentenced under a 1995 Louisiana law that allowed the death penalty for the rape of a child under the age of 12. The Court did not share the same optimism that proponents of capital punishment did. The majority, relying on the precedent of the ESD Doctrine, overturned the death penalty since the rape, though it did involve a child, did not result in the death of the victim (544 U.S. 407).
Category Archives: Social and Political Philosophy
The Historical Development of the Evolving Standards of Decency (ESD) Doctrine in the U.S. Supreme Court
One of the most controversial elements of the U.S. Bill of Rights is the Cruel and Unusual Punishments Clause of the Eighth Amendment which states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (U.S. Const. Amdt. 8). Whether the use of the death penalty is an instance of cruel and unusual punishment has been the subject of sustained and intense debate given that there have been over 16,000 legal executions in the United States from 1700 until 2019 (TIME). Continue reading →
Contra Haidt: A Short Critique of Schwitzgebel and Rust’s Empirical Studies
From Haidt’s impassioned rejection of the “rationalist delusion,” it is difficult to discern why Schwitzgebel and Rust would place such significance on the aforementioned behaviors as they pertain to ethicists versus non-ethicists. There are more morally egregious behaviors that ethicists could engage in would serve to overwhelmingly confirm the fact that they do not act more morally than others despite their professional status as moral philosophers. Yet, in the various articles published by Schwitzgebel and Rust, very little explanation is provided as to why these are truly relevant to determining whether moral philosophers behave better than those who may not have as extensive training or education in moral reasoning. In an article about the library habits of ethicists versus their non-ethicist counterparts, there is only one sentence provided as to why failure to return library books is bad (Schwitzgebel 714). Rather than justifying their choice of moral behaviors to research, Schwitzgebel and Rust spend most of their published articles explaining the methods they use.
A Summary of “The Righteous Mind” by J. Haidt

In his work “The Righteous Mind: Why Good People are Divided by Politics and Religion,” social psychologist Jonathan Haidt coins the term “the rationalist delusion” to explain a tendency of a majority of scholars to overemphasize the importance of rationality in human behavior throughout history (103). Haidt claims that the “worship of reason,” particularly within the realm of morality, is essentially inappropriate and he utilizes the rest of his book to advocate for a different version of moral reasoning and decision making processes based more on emotive intuitions that are dominant (103).