死刑存廃問題に対する刑法学,文学及び神智学的観点からのアプローチ : ジョゼフ・ド・メーストルの死刑観と生贄による罪障消滅の教理

概要

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This article, by examining various inhumane methods of execution used previously in Europe, in particular the horrible guillotine which was used during the French Revolution until its abolition in 1981, concludes that the death penalty is nothing less than an extremely cruel form of punishment and that under the principle of retribution (the Law of Talion), the death penalty for any criminal is never justifiable. Secondly, in Baudelaire's views, human beings' "innate animal instincts" [nature] have led humans to commit grave crimes such as murder, and as long as humans exist in this world, various crimes will continue to be committed. Finally, taking into account the Catholic dogma and the doctrine of Joseph de Maistre, who, on one hand, believes in the theosophical effect of execution as punishment for a criminal, but on the other hand, affirms that the true way to control humans' "innate animal instincts" is to recognize the significance of the original sin expiated by the Passion, it is possible to find ways to solve the capital punishment debate. According to Joseph de Maistre, all human beings could be linked together through the "unity" embodied in Jesus Christ, who sacrificed his life, so that any criminal can be saved by means of the doctrine of "reversibility" and the dogma of "Communion of Saints".