With such great minds and an awesome influence that seems boundless, how can there not be references to the works of Thomas Hobbes and Immanuel Kant. The Fundamental Principles in the Metaphysics of Morality is used by the minority dissenting opinion to reiterate the concepts of the intrinsic dignity of man. While the majority uses the literary work the Leviathan to support their own opinions. Transforming and uplifting the case of Gregg v. Georgia into an arena for a debate of Hobbian and Kant philosophies.
The majority claims that the death penalty serves two purposes, restitution and deterrence. Quoting the prior case of Fruman v. Georgia, that "The instinct for retribution is part of the nature of man and channeling that instinct in the administration of criminal justice serves an important purpose in promoting the stability of a society governed by laws. ?.
This is a classic statement that Hobbes himself could have possible uttered. For man is an awkward beast, driven by internal forces. The laws of nature. All men are equal and can perform equal acts of harm. Once harmed, he that who has been hurt will make attempts to revenge. Either in the name of just, duty, honor, or by any other word, it is an example of man conforming to his nature. To curb his nature by law is what the courts claim to be a stable society, Thomas Hobbes calls this a commonwealth under the Leviathan.
Deterrence, the power of the controlling entity to help guide and command those that its laws regulate against taking certain actions. Instilling fear within the hearts of man is a powerful and highly effective tool of leadership. As all me ...