Capital Punishment Is Human Sacrifice
Roberta M. Harding, "Capital Punishment as Human Sacrifice": https://uknowledge.uky.edu/law_facpub/373/
I am recommending the linked article above, and contributing the following analysis, as I believe the human sacrifice critique strengthens the intellectual case for death penalty abolitionism (and I make no apology that my neurodivergent mind prioritizes systemic analysis over standard Reddit style).
Just as we need to accept the scientific consensus about the social inutility and discriminatory impact of the death penalty, we also need to accept the scientific understanding of human beings as inevitable products of biological and environmental determinants, some of which are criminogenic. Science, in other words, discredits both consequentialist and retributivist arguments for overriding the presumptive right to life, suggesting that moral opposition to capital punishment abolitionism, in denial of this science, is merely a retaliatory mindset rationalized by a prescientific ideology of cosmic or inherent justice.
Lethal retaliation in the name of cosmic or inherent justice is unintelligible outside a religious or quasi-religious worldview, for at least implicitly it presupposes a divine or natural law, a transcendent or immanent moral order of some kind, whose balance must be restored by expiation when it has been grievously violated. This belief is a primitive superstition traceable to the ancient origins of the death penalty as a cultic practice, which is why capital punishment has been analyzed by scholars as a modern form of human sacrifice (placing it in the same category as ritual murder, blood feud revenge, honor killings, lynchings and pogroms). Such a worldview is incompatible with a scientific outlook, which validates no laws or normative orders except natural regularities and social constructions.
In the case of punishment, the relevant natural regularities are those involving the biological evolution of punitive instincts as adaptive mechanisms for securing individual and collective survival, while the relevant social constructions are those involving the cultural development of punitive instincts into moral institutions for maintaining harmony and righting imbalances. By demystifying this equilibrating function of punishment, thus interpreting the restoration of harmony and balance in social-scientific rather than superstitious terms, we ipso facto shift the corrective paradigm towards restorative or transformative justice — a framework which arguably preserves the best, while eliminating the worst, of both retributivism and consequentialism (a dialectical synthesis), and which experts have proposed as a progressive alternative to either the death penalty or counterproductive incarceration.
Another Recommended Article:
Thomas Roberts, "Theorizing a Restorative Response to Homicide": https://journals.law.harvard.edu/crcl/wp-content/uploads/sites/80/2023/09/HLC205_Roberts.pdf
Edit: Thanks for all the shares!