The article compares the U.S. Jurisprudence with the death penalty teaching of the Catholic Church through a court case of Patrick Kennedy v. Louisiana Supreme Court. It focuses on the Eighth Amendment Jurisprudence and argues on the translated approach of Catholic Church to advance the death penalty discourse. The article also discusses moral judgment embodied by the Eighth Amendment Jurisprudence.
Kurt M. Denk,
Jurisprudence That Necessarily Embodies Moral Judgment: The Eighth Amendment, Catholic Teaching, and Death Penalty Discourse,
Notre Dame L. Rev.
Available at: http://scholarship.law.nd.edu/ndlr/vol88/iss1/7