Capital Punishment, the Inevitability of Caprice and Mistake

Capital Punishment, the Inevitability of Caprice and Mistake

Capital Punishment, the Inevitability of Caprice and Mistake

Capital Punishment, the Inevitability of Caprice and Mistake

Excerpt

My thanks are due and gladly given to George Brockway, Calvin Towle, and the staff of W. W. Norton & Company; to Eileen M. Quinn and Carolyn B. Vitale, for help that transcended the secretarial; to Robert S. Davis, Yale Law School 1974, who put thought as well as research work into the product; to Dean William P. Cunningham, the University of Maryland Law School, and the Maryland Law Review, for the stimulus given me, in their invitation to deliver the Morris Ames Soper Lecture in 1972, to begin structuring my thought about this subject; to Professor Aaron Schreiber, who led me back to a half-remembered Talmudic reference; to my son Gavin B. Black, who read and helpfully commented on the manuscript; and to Barbara A. Black, with whom I have talked much on these matters. I ought also to say, though I cannot trace the exact line of indebtedness, that my thoughts on discretion and mistake owe much to the work, and to the conversation in years past, of Professor Ronald Dworkin. I also owe a general indebtedness to Professor Guido Calabresi, to Professor Jay Katz, M. D., and to Edward W. Allen, M. D., with all of whom I have so thoroughly traveled over the subject of the penalty of . . .

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