Dead Certainty: The Death Penalty and the Problem of Judgment

The death penalty is one of the most emotionally charged issues in law today. Culbert (political science, Johns Hopkins University) does not argue from either side but looks at the question in terms of how the legal system handles the question. She notes that even though the Supreme Court has ruled on the constitutionality of the death penalty, it continues to accept cases that question it. Her underlying premise is that the court, rather than establishing law, is assuming that there is a universal Law that they can eventually define. It is this fallacy that hampers a definitive decision on Eighth Amendment cases. Annotation c2008 Book News, Inc., Portland, OR (booknews.com)