For starters, and for what it’s worth, I also — like Alexham and Michael Joseph — oppose capital punishment. (That said, and like Alexham and Justice Scalia, I believe that the Constitution permits, though it constrains the application of, the death penalty.) And, as it happens, I was at the excellent, provocative conference (and presented this paper) at which Justice Scalia presented his essay, to which Alexham linked, indicating his disagreement with what he takes to be the position set... Read more