5.3.2 |
KILLING OTHER PEOPLE OR THEIR BODIES AGAINST
THEIR WILL |
In the first instance it is murder to intentionally cause
the death of another person when
'e does not want to die,
or to intentionally cause the death of
'er body when 'e has expressed
the wish that 'er body should be kept alive. This is why active
involuntary euthanasia is murder. There is no conceivable case
in which it can be justified. Even if someone's well-being is
threatened in that 'er future life is going to be 'utterly
hellish' this is no reason to override 'er autonomy as a person.
No-one knows for sure that a life, or a future life, will on
balance be more unhappy than happy, and even if it is, it is
only in utilitarianism the sole thing that counts. Nonutilitarians
may come to a different decision, and so may
utilitarians, because even inconsistence does not override
personhood. Insofar as it does not harm the integrity of other
people, people do even have the extrinsic right to lead 'utterly
hellish' lives. In the event that the human, or other sentient,
being in question 'cannot grasp what it will be like', it is
either no person or a person who does not accept someone else's
advice. If it is not a person (but, for example, a small infant),
then the act of euthanasia is not involuntary but nonvoluntary;
if it is a person who does not accept another person's advice,
then it is 'er extrinsic right not to accept the authority of
other people, even when this would be foolish.
If active involuntary euthanasia is wrong, that is, the
intential killing of people who are ill (if not fatally ill),
injured (if not severely injured) or whose well-being is
threatened by external factors (if not seriously threatened),
then intentionally killing other people against their will who
are not fatally ill, not severely injured and whose well-being
is not seriously threatened by external factors, is definitely
wrong, one would say. It is wrong, then, both from a metadoctrinal
and from a doctrinal point of view, and as such plain
murder. Or, is it? If it is indeed murder per se, then
assassination, killing people in times of war and executions are
murders too. Absolute pacifists may agree with this. But
absolute pacifists or not, there is something that requires our
special attention in questions of killing others against their
will. This is that the reason why it is wrong to kill them is
primarily based on their extrinsic right to life and our
extrinsic duty not to interfere with them. But what when someone
else contemptuously flouts the rules of
the extrinsic right-duty constellation?
'E may be in good health, 'e may not have any injuries, and 'er well-being
may not be threatened by any external factor, least of all by us.
The situation is analogous to that in questions of
discrimination: we must not discriminate between people, but we may
make a distinction between people who do and people who do not
discriminate. Similarly, we must not interfere with other
people's freedom against their will, but we may interfere with
the freedom of other people who interfere with other people's
freedom against their will. Those who discriminate deliberately
cannot appeal to
the norm of inclusivity, or to a principle of
relevance, in order not to be discriminated against themselves; and
those who deliberately infringe the rules of the extrinsic
right-duty constellation cannot appeal to
the right to personhood, to a
metadoctrinal principle, or to a principle of
liberty, in order to be left alone themselves. But this means
that not all cases of killing another person who does not want
to die, are wrong, even not all cases of intentionally killing
such a person. The clearest cases that it is not, are killings
in self-defense in which the person attacked has not provoked
the attack. (Provoked in the sense that 'e
'imself first
interfered with the right to personhood of the person killed.)
But even these cases have their complications. May you solely
kill another person in self-defense when you are completely sure
that 'e wants to kill you personally, and when you have never in
any way interfered with 'er right to personhood before? May you
kill another person if 'e 'only' wants to enslave (but not kill)
you? May you kill another person if 'e merely attempts to occupy
a negligible part of what is your property in terms of the
extrinsic right-duty constellation (the loss of which will not
affect your material well-being at all)? The doctrinal counterpart
of these primarily metadoctrinal questions is should you
kill such a person?
The most simplistic answer to the may questions is that one
may not, or must not, kill such a person, and that only 'the
state' or 'the government' may do so, with the possible
exception of that form of killing which is needed for immediate
self-defense. This is a legalist position which takes no notice
of the fact that the questions posed are independent, normative
questions. What this means, becomes clear at once, when 'the
state' or 'the government' itself is the person, or personified
being, that must be able to justify 'er own acts of killing.
This applies then both to the killing of 'er own citizens or
residents and to that of foreigners, that is, armed or unarmed
citizens or residents of other countries. May a country A kill
persons of another country B if they only want to enslave the
citizens and residents of country A? May this country A kill
persons of country B if they only want to occupy a negligible
part of what is A's territory in terms of the extrinsic
right-duty constellation? And if so, should it?
In the above questions, in which we have personified 'the
state' and 'the government', we have assumed that that
government itself is somehow legitimate. But what if a government
murders its own citizens or residents, for example, citizens who
have always respected the extrinsic rights of other people, both
with regard to their bodies and with regard to their external
possessions? Such a government cannot be legitimate, unless it
takes appropriate measures to undo the evil done (if possible).
In the above questions we have also assumed that a person or
country would take property away which belongs to another person
or country according to the metadoctrinal principle. But what if
a supposedly legitimate government legally considers something
the property of a resident, or of its own, which is not 'er, or
its, property in the normative sense of the extrinsic right-duty
constellation? Also such a government interferes with the
freedom of other 'persons' (the citizens, residents or countries
whose valid claims are ignored) before its own freedom is
interfered with.
If a person or country has not violated any extrinsic right
to one's own body or any extrinsic right to one's own external
possessions, then killing such a person against 'er will and on
purpose is murder, and then attacking such a country is an
unjust war or terrorism. But in all other cases the aforementioned
problems illustrate very well how hard it is to prove
that the killing of a particular person against 'er will is just
or unjust, or that the killing of more or less arbitrary members
of a particular group against their will is just or unjust
(unless --again-- the person or group concerned have not
violated any right to one's own body and any right to one's own
external possessions on the same metadoctrinal principle). It
is relatively easy to provide some answer to each question, what
makes it difficult is to remain consistent throughout -- a
necessary criterion for both truth and relevance.
Suppose that it is agreed that a cruel tyrant, who keeps 'er
subjects in great poverty by stealing from them what normatively
belongs to them, may be killed ('assassinated') to liberate 'er
subjects, even tho 'e is not directly or indirectly responsible
for the deaths of other people. Does it not follow that a
legitimate government may execute a person for committing a
crime which need not be as serious as murder? If not, why not?
It is plausible to assume that someone who has never killed
another person against 'er will other than in self-defense must
never be killed 'imself against 'er will other than in self-defense.
(What is defended must then be one's body or life, not
one's external property.) In practise a dictator will probably
be at least indirectly responsible for the deaths of other
people, and cannot appeal to the right to life, but if 'e were
solely responsible for cruelties other than murder, 'e could on
this interpretation still appeal to the right to life. All that
could be done, is to expose 'im to the same cruelties and/or to
take all 'er external possessions, while disallowing 'im to make
use of anyone else's. This would amount to imprisonment with or
without corporal punishment. Should 'e try to prevent this by
killing, or attempting to kill, 'er opponents, 'e will forfeit
'er right to life. It is then, indeed, that 'e may be killed
in spite of what was the case before.
Often we do not need to have an answer to the metadoctrinally
Ananormative may question before being able to tackle the
neutral-inclusivist should question. We merely need to know
the answer to the may question when the answer to the should
question is in the affirmative. One would say that it is
particularly those who profess that wars are 'required by the
world spirit' or that wars are 'sublime' or that all murderers
'must die', who always need the solution to the additional may
question. However, these people are usually the very people who
cannot be bothered by the difference between doctrinal and
metadoctrinal considerations: their (doctrinal) should is held
to be automatically a (metadoctrinal) may, and vice versa.
(Incidentally, the philosopher who said that 'even if a society
were to dissolve itself, the last murderer remaining in prison
had first to be executed', was the same one as the one allowing
the killing of children born of parents not married to each
other. It would seem therefore that his murderers did not
refer to unmarried mothers killing their children, nor to
executioners.)
As neutralists we reject any idea of the sublimity or
necessity of war, and as neutralists we reject the obsession
with punitive retribution or the
theodemonist law of retaliation
which requires retaliative punishment. On our view also
murderers and thieves are happiness-catenal and living beings, and
if they should be killed or otherwise punished in spite of
considerations of happiness-catenality and life, then only when
we can be sure that this will in the long run serve, or also
serve, people's respect for each other as persons. Under certain
circumstances retaliation may be a necessary evil to prevent
reoccurrence or to restore an equilibrium, but it must never
degenerate into an end in itself. If a person may be killed
against 'er will, because 'e has killed another person against
'er will who never violated anyone's right to personhood, then
it is still the case that this person should not be killed,
unless 'er killing has a stronger crime-preventive
function, or is a much more effective crime deterrent
than, for example, life imprisonment. (An execution is said to
be a crime-preventive measure if, and insofar as, the person
excuted would have committed other crimes; it is said to be a
crime-deterrent if, and insofar as, it frightens off other
persons from also committing a crime.) The 'crime' we are
talking about must then be a crime in the normative sense of the
extrinsic right-duty constellation. It is not a 'crime' like
witchcraft or cursing one's parents which used to deserve the
death penalty in ancient religious times, nor a 'crime' in the
factual-modal sense of the law of the land (according to which,
in certain countries or states, even passive euthanasia
performed by a doctor at the request of a terminally ill patient
might be designated "a crime" and made illegal).
The question if, and to what extent, capital punishment
does prevent and deter real crimes is an empirical question, the
answer to which may vary from place to place and from time to
time. But if it cannot be made very plausible at a particular
time and place that the number of lives saved due to the
existence of the death penalty at that time and place clearly
exceeds, and continues to exceed, the number of executions, then
capital punishment is definitely murder. It is then murder not
necessarily because no-one may be executed, but because no-one
should be executed. And no-one should be executed, because it
is the killing of a living being and the killing of a
happiness-catenal being, and because of its bad, if not horrible,
side-effects.
If assassination is defined as deliberate, nonlegal
killing of a particular person against 'er will for impersonal
motives, then assassination is not (necessarily) murder, that
is, not wrong by definition. It has been pointed out that the
issue of assassination in this sense closely resembles that of
execution. Thus, as with execution, the bad side-effects of
assassination are sufficient in themselves to set severe limits
to any policy of simply maximizing the number of lives saved
(the assumption being that the death of one particular, public
figure would at least save the lives of two or more other
people). Unlike impartial executions, however --if they exist--,
political, or other ideological, killings set a precedent --as
has been rightly argued-- ' which can soon build up a tradition
of attempts to change society by violence rather than by
persuasion'. The same applies to an even greater extent to
terrorist killing whose targets are more or less arbitrary
members of particular groups. Add to this the fallibility of
assassination and terrorist killing in bringing about the change
aimed at, and it is evident that a public figure or members of
certain groups should solely be killed against their will under
exceptional circumstances, and solely if they may be killed
because of their serious violation or violations of other
people's rights of personhood. (Violations which are either their
personal responsibility or their shared responsibility as
members of a certain group.) Consequently, saving exceptional
circumstances and conditions, assassination and terrorist
killing are murder.
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