I realize that I have yet to make my own arguments clear. So, I will now attempt to do so. First of all, I find that I do support the use of capital punishment (when conclusive evidence, etc. proves guilt). My philosophical reasoning behind this takes a number of different forms.
I believe that, when crimes such as cold-blooded murder are commited by a member of society, they lose their rights as a “member” of that society. My reasoning for this goes back to the idea that, by living in society, we agree to follow basic underlying moral rules (Socrates). This social contract includes “thou shalt not kill.” It is my opinion that, once an individual has broken such a rule, they are no longer protected by it.
Furthermore, I find it to be our duty (as continuing members of society) to present some form of punishment for actions that are damaging to society. please note, I do not believe that the death penalty should be PROMOTED, but allowed as an option.
At this point, some who oppose my view would argue that no one is justified in limiting someone’s “right to life.” However, just as I am not truly “justified” to decide if someone should face the death penalty, neither was the murder justified to kill an innocent victim. As Immanual Kant discussed in his work about “the Categorical Imperitive’” we should act only isn such a way that we would want our actions to become universal laws. But… he goes onto say that, at times, we must act in ways that we do not necessarily agree with, simply because it MUST be done, not because we WANT to. (I do not wish to determine weather someone should live or die, but it seems that we have a duty to society which requires us to respond).
As far as the issue of “an eye for an eye,” it seems logical that “punishment must be inflicted in a measure that equalizes the offense.”
Another factor in this issue ties back into the free will debate. In order to support capital punishment, I must believe that humans are not simply products of environment and heredity. On this subject, I find that Tibor Machan put it best when he wrote “free will may not be something that we can see directly, but what best explains what we do see in human life.” Also, taking a concept from Sartre, “man is nothing else but what he makes of himself.” I believe (thus far) that man is responsible for his actions, and should be treated accordingly.
Ok, after that session of rambling, I must add a disclaimer: I am still working out my theory, and I am open to discussion, so long as it is rational and does not become a personal attack upon myself. I say this only because I am aware that many in this forum are far more fluent in the understanding of philosophy, while I am still learning. Please be patient with my ignorance…
-Niki