A Reconsider of the Meaning of Death Penalty － Based on Wartime Military Crimes Before or in the Presence of the Enemy
| Autor: | CHAO, JUO-HAN, 趙若漢 |
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| Rok vydání: | 2017 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 105 The issue of abolishing the death penalty has been widely discussed in our country these years, however the part of wartime military crimes seems to have been ignored, even when we know which is unavoidable while seeking to fully abolish death penalty in human society. As history tells, all major countries which had once abolished death penalty, had restored it during WWI and WWII, and decades later after the war ended once again abolished it. Apparently traditional theories supporting the abolishment of death penalty are not able to deny the rightfulness of death penalty in wartime military laws, especially those before or in the presence of the enemy. It is because that laws are born from violence, making it share the same essence with war. As long as the establishment of modern sovereign states can still be effectively described by Thomas Hobbes’ “state of nature” theory, which means war is a nature right of a state, violence cannot be easily removed from law system. Although Carl Schmitt’s “state of exception” could conceal the violent nature of law to a certain degree, with the born of the Unrestricted Warfare, the old theory is no more effective. In conclusion, the only way to fully abolish death penalty without theoretical inconsistency is to deny the logic of violence in law, and a state must first deny the extreme violence, which means war, before it does so. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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