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Well, that's a succinct and interesting defense, indeed. Quite agreeable, in fact.

However, it seems to gloss over the fact that The State was an *evolution* of the Clan or the Tribe.

Therefore, abolition of the death penalty could be argued in turn to be an evolution of The State - wherein the members have mostly all agreed that, ya know, maybe we're better than the death penalty. Or maybe The State has made too many mistakes, executed too many innocent people (insert flawed David Gale assertion here :)), to risk retaining the power of making the ultimate decision in the future.


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