#117
by THWOTH » Oct 03, 2014 12:23 pm
Whenever the subject of capital punishment crops up I always trot out the aphorism: Killing people to show people that killing people is wrong, is wrong.
Of course, killing someone is wrong, except when it isn't--which is simply a way to acknowledge that its not easy to declare all killing axiomatically immoral--but when killing someone forms a portion of any state-run justice system it places an undue and unattainable burden on that system: it requires the system to be functionally flawless if it is to remain, or at least stake any reasonable claim to being, a just system. The very real possibility of error forecloses, at least for me, on the possibility of killing people forming part of any just system.
Having said that, even if a justice system were flawless, and prosecutions could be secured incontrovertibly and without error, I'd still maintain that killing someone for killing someone is wrong, because not only does it contradict itself at a fundamental level but it also runs the risk of foreclosing on other contributory factors, such as personal, situational, and social circumstances, being taken into account.
Additionally, if the State, through the offices of the law, is to say, "If you kill then you will die," then the resultant executions necessarily entail delay and premeditation, two features of killing which distinguish killing in self-defence (which I would say is justifiable, depending on the circumstances) and murder. In these circumstances the State cannot secure a claim that it is acting in self-defence (of society), that is; that it is engaging in a justifiable killing, as the State already has the custody and control of an individual it needs in order to carry out the capital judgement; which now becomes little more than a state-sanctioned murder.
In effect, these elements of delay and premeditation not only make the State complicit in murder but, by extension, as the State administrates justice on behalf of society as a whole it also makes all those who are involved in the justice system, and all of society, complicit in murder.
As an individual who values and aspires to a free, fair and just society I do not wish to see the whole of a society made accomplices to murders carried out in its name, in circumstances where society is necessarily not at risk of further harm from convicted individuals in the custody of the State.
I do not hold with those who say that there is a distinction between 'killing' and 'murder' where killing is justifiable in law and murder isn't, and I particular do not hold with those who say that that the institutions invested with, or in whom we invest, authority can simply declare their killing justifiable, either in law or by edict or fiat, if and when it is carried out on behalf of, or at the behest of, that authority.
"No-one is exempt from speaking nonsense – the only misfortune is to do it solemnly."
Michel de Montaigne, Essais, 1580