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Comparative Capital Punishment

Edited by Carol S. Steiker, Harvard Law School and Jordan M. Steiker, The University of Texas School of Law, US
Comparative Capital Punishment offers a set of in-depth, critical and comparative contributions addressing death practices around the world. Despite the dramatic decline of the death penalty in the last half of the twentieth century, capital punishment remains in force in a substantial number of countries around the globe. This research handbook explores both the forces behind the stunning recent rejection of the death penalty, as well as the changing shape of capital practices where it is retained. The expert contributors address the social, political, economic, and cultural influences on both retention and abolition of the death penalty and consider the distinctive possibilities and pathways to worldwide abolition.
Extent: c 416 pp
Hardback Price: $255.00 Web: $229.50
Publication Date: November 2019
ISBN: 978 1 78643 324 4
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  • Law - Academic
  • Comparative Law
  • Criminal Law and Justice
Comparative Capital Punishment offers a set of in-depth, critical and comparative contributions addressing death practices around the world. Despite the dramatic decline of the death penalty in the last half of the twentieth century, capital punishment remains in force in a substantial number of countries around the globe.

This research handbook explores both the forces behind the stunning recent rejection of the death penalty, as well as the changing shape of capital practices where it is retained. The expert contributors address the social, political, economic, and cultural influences on both retention and abolition of the death penalty and consider the distinctive possibilities and pathways to worldwide abolition.

Scholars in the fields of law, sociology, political science and history, as well as human rights lawyers, abolitionists, law makers and judges who wish to remain up-to-date on changing death penalty practices will need Comparative Capital Punishment on their reading list.
‘The kaleidoscopic contributions to this book provide more comparative insight into capital punishment than any other volume. The Steikers have recruited an all-star team of writers, and they have delivered on everything from methods of execution and miscarriages of justice to capital clemency and international norms. If you want to think better about the death penalty’s past, present, and future, read this magnificent book.’
– David T. Johnson, University of Hawaii and co-author of The Next Frontier: National Development, Political Change, and the Death Penalty in Asia
Contributors include: S.L. Babcock, S. Bae, R.C. Dieter, B.L. Garrett, E. Girling, C. Hoyle, P. Jabbar, S. Lehrfreund, D. Lourtau, B. Malkani, M. Miao, A. Nazir, A. Novak, K. Pant, D. Pascoe, A. Sarat, M. Sato, W. Schabas, C.S. Steiker, J.M. Steiker, J. Yorke
Contents:

Preface
1. Introduction: international perspectives on the death penalty
Richard C. Dieter

Part I Substantive Law
2. Deserving of death: the changing scope of capital offenses in an age of death penalty decline
Delphine Lourtau

3. Deciding who lives and who dies: eligibility for capital punishment under national and international law
Sandra L. Babcock

Part II Procedural Law
4. Extradition and non-refoulement
Bharat Malkani

5. An unfair fight for justice: legal representation of persons facing the death penalty
Sandra L. Babcock

6. Towards a global theory of capital clemency incidence
Daniel Pascoe

Part III Administration
7. Imposing a ‘mandatory’ death penalty: a practice out of sync with evolving standards
Parvais Jabbar

8. Methods of execution: the American story in comparative perspective
Austin Sarat and Keshav Pant

9. Capital punishment at the intersections of discrimination and disadvantage: the plight of foreign nationals
Carolyn Hoyle

10. Innocence and the global death penalty
Brandon L. Garrett

Part IV Institutions
11. International law and the abolition of the death penalty
William Schabas

12. The role of institutions in the norm life cycle: the United Nations and the anti–capital punishment norm
Sangmin Bae

13. Regional institutions and death penalty abolition: comparative perspectives and their discontents
Evi Girling

14. Undoing the British colonial legacy: the judicial reform of the death penalty
Saul Lehrfreund

Part V The Future of the Death Penalty
15. Reframing the debate on attitudes towards the death penalty
Mai Sato

16. Pulling states towards abolitionism: the power of acculturation as a socialization mechanism
Michelle Miao

17. Imagining utopia: the global abolition of the death penalty
Jon Yorke and Amna Nazir

18. After abolition: the empirical, jurisprudential and strategic legacy of transnational death penalty litigation
Andrew Novak

19. Global abolition of capital punishment: contributors, challenges and conundrums
Carol S Steiker and Jordan M. Steiker

Index