This article is about the death penalty in KUWAIT. Speakers discussed the death penalty at a seminar entitled, 'The Death Penalty: Is it a Given Right for Society or a Rightful Punishment?,' held at Kuwait University's Faculty of Sharia.
Kuwait Death Penalty
A common social problem is should states or countries abolish capital punishment or leave it as it is with all the traditions that come with it?
Kuwait is undergoing this debate since currently capital punishment is used in the country
Hobbes and the Death Penalty
“ These guidelines are provided in order to prevent people from taking matters into their own hands, which starts an unstoppable chain of revenge that can tear a country apart,”
This is exactly Hobbes view of revenge leading us back to the state of nature
Nozick and the Death Penalty
“ a third, neutral party should be in charge of administering an impartial trial in such situations in order to achieve justice rather than revenge.” (Al-Qattan)
Nozick states that an unemotional third party with regulations should determine punishment to avoid revenge
Social Contract and Death Penalty
“ Kuwaiti culture differs from that of other nations, meaning that Kuwait should have its own laws allowing it to handle issues in its own way, regardless of how they are dealt with elsewhere.” (Al-Qattan)
Same idea as Socrates' theory of a social contract with the state
Nozick and Death Penalty
Nozick stated that every crime deserves punishment
an example from the article is
“ a pregnant woman is found guilty of murder, in which case she cannot receive the death penalty since that is considered to be unjustly penalizing her unborn child, but will instead receive a life sentence in order to ensure that justice is done.” (Al-Qattan)
Weaknesses of the Theories
“an incorrect verdict or false identification of the murderer, the wrongly executed person's family cannot be compensated, unlike the family of the victim.”
This upsets the balance of justice and punishment would not be for the good of the people
Social Contract Problems
Some people might not willingly be in a social contract with their government
Women in the middle east
What happens when legal actions are taken in revenge
Abortion just to hurt the father for example
Both theories were very adequate in explaining the new problem of countries questioning the death penalty and how this country should handle the situation.
Every one in Kuwait has made a social contract to live their and understand that the death penalty is established to avoid revenge and ensure the balance of justice reminds.
Al-Qattan, A. (2009). Death penalty prevents people from taking matters into their own hands . http:// kuwaittimes.net/page.php?newsid =Mw==& nav_id =0
Feser, E. (2005). Robert nozick (1938- 2002). http://www.iep.utm.edu/nozick/
Friend, C. (2004). Social contract theory. Retrieved november 25, 2009, from https:// myasucourses.asu.edu/webapps/portal/frameset.jsp?ta b= courses&url =/bin/common/ course.pl?course_id =_66363_1
Markel, D. (2005). State, be not proud: A retributivist defense of the commutation of death row and the abolition of the death penalty. Harvard Civil Rights-Civil Liberties Law Review, 40 (2), 407-480.
Nozick, R. (1981). What is justice? Philosophical Explanations,
Social contract.(2009). Columbia Electronic Encyclopedia, 6th Edition, , 1-1.