Hurka believes that capital punishment can never be morally acceptable as there is always another way to provide juctice that does not involve encroaching on the liberties of anyone. The first reasoning Hurka provides is based on the upper limitation qualification. He explains that the upper limit qualification means that the most severe yet acceptable punishment in that case is applied. For Hurka, death is never a sever punishment when other options apply such as incarceration. Hurka explains why capital punishment falls beyond the upper limits qualificationadn why other options are successful by stating, "studies have failled to produce any evidence that capital punishment is more of a deterrent to murder than life imprisonment...capital
