This case note considers the availability in the United Kingdom of the provocation defence in cases of intimate homicide in the context of the recent House of Lords decision in Rv. Smith [2000] 3 W.L.R. 654. The note argues that the expansion of the objective component of the defence to encompass the mental infirmities of individual defendants is dangerous for women. Although it has the potential to help some abused women who kill to use the defence, it has, at (...) the same time, exposed women who are abused by sexually possessive, violent men to even greater danger. It is thus argued that the defence should be restricted in the way envisaged by the minority judgement of Lord Millett so that abused women will still be able to use the defence, but by anon-medical route. Alternatively, the defence should be abolished and defences which pose no risk of encompassing violent men should be developed to accommodate abused women. (shrink)

Potential ethical issues can arise during the process of epidemiological classification. For example, unnatural infant deaths are classified as accidental deaths or homicides. Societal sensitivity to the physical abuse and neglect of children has increased over recent decades. This enhanced sensitivity could impact reported infant homicide rates. Infant homicide and accident mortality rates in boys and girls in the USA from 1940 to 2005 were analysed. In 1940, infant accident mortality rates were over 20 times greater than infant (...) homicide rates in both boys and girls. After about 1980, when the ratio of infant accident mortality rates to infant homicide rates decreased to less than five, and the sum of infant accident and homicide rates became relatively constant, further decreases in infant accident mortality rates were associated with increases in reported infant homicide rates. These findings suggest that the dramatic decline of accidental infant mortality and recent increased societal sensitivity to child abuse may be related to the increased infant homicide rates observed in the USA since 1980 rather than an actual increase in societal violence directed against infants. Ethical consequences of epidemiological classification, involving the principles of beneficence, non-maleficence and justice, are suggested by observed patterns in infant accidental deaths and homicides in the USA from 1940 to 2005. (shrink)

Consensual homicide remains a crime in jurisdictions where active voluntary euthanasia has been legalized. At the same time, both jurisdictions, in which euthanasia is legal and those in which it is not, recognize that all patients (whether severely ill or not) have the right to refuse or withdraw medical treatment (including life-saving treatment). In this paper, I focus on the tensions between these three norms (the permission of active euthanasia, the permission to reject life-saving treatment, and the prohibition of (...) consensual homicide), assuming a justification of euthanasia based on the right to (personal) autonomy. I argue that the best way to provide a coherent account of these norms is to claim that patients have two distinct rights: the right to autonomy and the right to bodily integrity. This solution has some relevant implications for the discussion of the legalization of active euthanasia. (shrink)

For perspicuous comparison and evaluation of moral positions on life-and-death issues, it is necessary to take into account the different meanings that killing and getting killed can bear in the two dimensions of dealing with persons (intention meeting intention) and handling them. A homicidal scenario in Sir Gawain and the Green Knight shows the possibility of courteous dealing coinciding with lethal handling. The extreme possibility of lovingly affirming persons while killing them, suggested by the Augustinian “kindly severity” ideal for state-sponsored (...) punitive killing, requires the killers’ affirmation of a fleshliness and fallibility shared with their victims; but love can accept killing only provisionally, since it postulates freedom from the constraints that are felt to require killing. (shrink)

Sentencing practices in cases of domestic homicide have been the object of critical scrutiny on previous occasions across a number of jurisdictions. It has been suggested by some that these practices reveal judges to be taking a more lenient approach to women who kill their violent male partners than to men who kill allegedly unfaithful female partners. This note evaluates claims of gender bias in sentencing practices in UK cases of domestic homicide following the Court of Appeal sentencing (...) decision in R. v. Suratan, R. v.Humes and R.v. Wilkinson [2002]E.W.C.A. 2982 concerning three men who killed their female partners. It will argue that in the wake of this decision current proposals to review both the substantive law of provocation and sentencing practices are to be welcomed. (shrink)

When an abortion is performed, someone dies. Are we killing an innocent human person? Widespread disagreement exists. However, it’s not necessary to establish personhood in order to establish the wrongness of abortion: a substantial chance of personhood is enough. We defend The Don’t Risk Homicide Argument: abortions are wrong after 10 weeks gestation because they substantially and unjustifiably risk homicide, the unjust killing of an innocent person. Why 10 weeks? Because the cumulative evidence establishes a substantial chance (a (...) more than 1 in 5 chance) that preborn humans are persons around this stage of development. We submit evidence from our bad track record, widespread disagreement about personhood (after 10 weeks gestation), problems with theories of personhood, the similarity between preborn humans and newborn babies, gestational age miscalculations, and the common intuitive responses of women to their pregnancies and miscarriages. Our argument is cogent because it bypasses the stalemate over preborn personhood and rests on common ground rather than contentious metaphysics. It also strongly suggests that society must do more to protect preborn humans. We discuss its practical implications for fetal pain relief, social policy, and abortion law. (shrink)

In a well-known paper entitled, ‘Survival Lottery’, published in a philosophical journal, John Harris proposed for discussion an interesting idea for saving the lives of certain kinds of patients who are at the point of death. Let us assume that there are two such patients, one that could be saved by a heart transplant and the other by the transplantation of a pair of lungs. However, no suitable organs are available for this purpose. Might it perhaps not be immoral to (...) select, by national lottery, a healthy person, who would be sacrificed, his organs used as transplants, and thus two lives be saved through the sacrifice of only one? This proposal is subjected first to a critical philosophical and ethical analysis, and then to a critical analysis from the point of view of Jewish Ethics as embodied in Halakhah. CiteULike Connotea Del.icio.us What's this? (shrink)

In this article, I examine politics and protest during the post-authoritarian Indonesian regime by analysing the song ‘Puritan ’ by Homicide., drawing from my fieldwork...

Jonathan Glover and I, while not in such deep disagreement about the ethics of killing as to make all communication impossible, still disagree enough to make sustained confrontation worthwhile. At minimum, such confrontation should make it clear what are the most fundamental issues at stake in ethical arguments about various kinds of killing.

Criminal attempts, it is often said, are crimes of intention. While many complete crimes can be committed recklessly, criminal attempts require “purposive conduct”; in attempts “the intent is the essence of the crime.” But what kind of intention is required; what must be intended, or purposed, by someone who is to be guilty of a criminal attempt?

Criminal attempts, it is often said, are crimes of intention. While many complete crimes can be committed recklessly, criminal attempts require “purposive conduct”; in attempts “the intent is the essence of the crime.” But what kind of intention is required; what must be intended, or purposed, by someone who is to be guilty of a criminal attempt?

Kant formulated a secular argument against suicide’s permissibility based on what he regarded as the intrinsic value of humanity. In this paper, I first show that Kant’s moral framework entails that some types of suicide are morally permissible. Just as some homicides are morally permissible, according to Kant, so are suicides that are performed according to equivalent maxims. Intention, foreseeability, voluntariness, diminished responsibility, and mental capacity determine the moral characterization of the killing. I argue that a suicide taxonomy that differentiates (...) types of suicide according to morally relevant criteria is compatible with Kantian ethics; it establishes that even where we hold a robust deontological sanctity of life position, we are not obligated to preserve the lives of people whose future life only offers profound suffering, and helping them to die may be justifiable if doing so honors their dignity and autonomy. Nevertheless, homicide and suicide are only weakly morally symmetrical in that even if a given suicide is morally impermissible, we do not normally have the right to prevent it forcibly, though this may be altered by juridical laws under some circumstances. (shrink)

When a severely suffering dying patient is deeply sedated, and this sedated condition is meant to continue until his death, the doctor involved often decides to abstain from artificially administering fluids. For this dual procedure almost all guidelines require that the patient should not have a life expectancy beyond a stipulated maximum of days (4–14). The reason obviously is that in case of a longer life-expectancy the patient may die from dehydration rather than from his lethal illness. But no guideline (...) tells us how we should describe the dual procedure in case of a longer life-expectancy. Many arguments have been advanced why we should not consider it to be a form of homicide, that is, ending the life of the patient (with or without his request). I argue that none of these arguments, taken separately or jointly, is persuasive. When a commission, even one that is not itself life-shortening, foreseeably renders a person unable to undo the life-shortening effects of another, simultaneous omission, the commission and the omission together should be acknowledged to kill her. I discuss the legal and ethical implications of this conclusion. (shrink)

This review article examines Jeremy Horder’s proposals for reform of the law of homicide in his book Homicide and the Politics of Law Reform. It focuses on Horder’s defence of the Law Commission’s proposals for a three-tier structure of homicide offences, and the ‘moderate constructivist’ theory that he relies upon in mounting this defence. Horder’s theory, it is argued, fails to provide sound normative foundations for his preferred structure. However, a qualified defence is offered of another of (...) Horder’s proposals: to give public opinion research a role in homicide reform. This would help to give substance to the principle of fair labelling in an area of the law where this principle is frequently invoked, but is also uncertain in its implications and force. (shrink)

This is the first book in recent years to reconsider the shape and details of the English law of homicide, a topic avoided by governments in their plans for law reform. It discusses how the law should define murder, how it should respond to provoked killings, how it should deal with mentally abnormal killers, etc.

This paper uses the debate about whether capital punishment deters homicide as a case study for examining the claim, made by many feminists and others, that the traditional ideal of objectivity in seeking knowledge is misguided. According to this ideal, knowledge seekers should strive to gather and assess evidence independently of any influences exerted by either their individual and societal circumstances or their moral values. This paper argues that, although the traditional ideal rests on some valid precepts, it is (...) neverthelesss untenable. the author goes on to propose an alternative epistemological ideal – one that retains these valid precepts but also recognizes an important and legitimate role for people's circumstances and moral values in their efforts to find knowledge. (shrink)

I address the questions of whether or not the very existence of heaven provides a motivation for killing. If universalism is true, then anyone killed will end up there, as will the killer. And given that heaven is infinitely better than earth, killing would be, on this view, the greatest gift possible to the “victim.” But if universalism is not true, there is perhaps an even greater incentive to kill one’s loved ones if one knows them to be currently heaven-bound: (...) that is, to save them from the risk of an infinitely terrible fate, that of somehow damning themselves between now and their natural death. This is an issue that we have all surely wondered about: if we’re going to heaven, what’s so bad about death that it must be condemned? But I think there is also a less-discussed problem raised by the very existence of heaven: that the existence of earth is thereby made redundant. What is earth but an annoying antechamber for heaven, one that we all wish we could bypass? I consider various attempts both to forestall the motivation for altruistic killing and to provide a justification for earth as more than a poor version of purgatory, and fail to find any that are truly compelling. I conclude that the existence of earth is therefore itself an argument against the existence of heaven. (shrink)

This book explores the puzzling phenomenon of new veiling practices among lower middle class women in Cairo, Egypt.

The study of child abuse and child homicide has been based on the often implicit assumption that there is a continuum of violence ranging from mild physical punishment to severe abuse and homicide. Empirical data supporting this assumption are sparse. Existing data can be shown, however, to support an assumption that there are distinct forms of violence, not a continuum. This paper reviews these data and discusses their implications for the study of violence, abuse, and homicide in (...) terms of substantive and methodological explanations. In addition, the implications of the assumption that violence consists of distinct behaviors as opposed to a continuum are discussed in light of sociobiological and evolutionary explanations of child abuse and child homicide. (shrink)

Catholic doctrine’s strict prohibition on abortion can lead clinicians or institutions to conscientiously refuse to provide abortion, although a legal duty to provide abortion would apply to anyone who refused. Conscientious refusals by clinicians to end a pregnancy can constitute murder or reckless homicide under American law if a woman dies as a result of such a refusal. Such refusals are not immunized from criminal liability by the constitutional right to the free exercise of religion or by statutes that (...) confer immunity from criminal homicide prosecution. Core principles of the rule of law require the state to protect the lives of all persons equally and to place the life and health of persons above any the interests of providers have in moral integrity or in respecting the moral status of prenatal humans. In some states criminal liability related to conscientious objection also applies to corporate hospital officials. (shrink)

Do individuals have a positive right of self-defence? And if so, what are the limits of this right? Under what conditions does this use of force extend to the defence of others? These are some of the issues explored by Dr Uniacke in this comprehensive 1994 philosophical discussion of the principles relevant to self-defence as a moral and legal justification of homicide. She establishes a unitary right of self-defence and the defence of others, one which grounds the permissibility of (...) the use of necessary and proportionate defensive force against culpable and non-culpable, active and passive, unjust threats. Particular topics discussed include: the nature of moral and legal justification and excuse; natural law justifications of homicide in self-defence; the Principle of Double Effect and the claim that homicide in self-defence is justified as unintended killing; and the question of self-preferential killing. This is a lucid and sophisticated account of the complex notion of justification, revolving around a critical discussion of trends in the law of self-defence. (shrink)

Examining racial profiling in American policing, Naomi Zack argues against white privilege discourse while introducing a new theory of applicative justice. Deepening understanding without abandoning hope, Zack shows why it is more important to consider black rights than white privilege as we move forward through today's culture of inequality.

This paper draws from critical data studies and related fields to investigate police officer-involved homicide data for Los Angeles County. We frame police officer-involved homicide data as a rhetorical tool that can reify certain assumptions about the world and extend regimes of power. We highlight the possibility that this type of sensitive civic data can be investigated and employed within local communities through creative practice. Community involvement with data can create a countervailing force to powerful dominant narratives and (...) supplement activist projects that hold local officials accountable for their actions. Our analysis examines four Los Angeles County police officer-involved homicide data sets. First, we provide accounts of the semantics, granularity, scale and transparency of this local data. Then, we describe a “counter data action,” an event that invited members of the community to identify the limits and challenges present in police officer-involved homicide data and to propose new methods for deriving meaning from these indicators and statistics. (shrink)