In his newest book, The Death Penalty As Torture: From the Dark Ages to Abolition, John Bessler chronicles the historical link between torture and the death penalty from the Middle Ages to the present day and argues that both are medieval relics. The book, released on February 17, 2017, asserts that capital punishment is itself a form of torture, despite modern legal distinctions that outlaw torture while permitting death sentences and executions.
Bessler draws on the writings of philosophers such as Cesare Beccaria and Montesquieu, who condemned both practices and concluded that any punishment that was harsher than absolutely necessary was unjustifiable. Bringing these historical threads to the modern day, Bessler writes that the availability of highly-secure penitentiaries has made the death penalty unnecessary as an instrument of public safety. He argues that with more than 80% of the world’s nations either not conducting executions or barring the death penalty outright, it is time for international law to recognize a norm against the use of the death penalty.
Bessler is a professor at the University of Baltimore School of Law whose previous books on capital punishment include Cruel and Unusual: The American Death Penalty and the Founders’ Eighth Amendment, The Birth of American Law: An Italian Philosopher and the American Revolution, and Against the Death Penalty.
John Bessler, The Death Penalty As Torture: From the Dark Ages to Abolition, Carolina Academic Press, February 17, 2017.
