When committing murder is morally justified

However, although the common law is by nature flexible and adaptable, in the interests both of certainty and of securing convictions, most common law jurisdictions have codified their criminal law and now have statutory definitions of murder.

Yes and no.

Generally, second-degree murder is common law murder, and first-degree is an aggravated form. This helps keep discussion in the comments on topic and relevant to the linked material. This means that a person may be found guilty of "manslaughter" on the basis of "diminished responsibility" rather than being found guilty of murder, if it can be proved that the killer was suffering from a condition that affected their judgment at the time.

For example, a number of Tibetan monks have killed themselves in protest against the Chinese occupation of Tibet—although this is perhaps more a case of self-sacrifice than suicide proper. Thus, if the defendant intentionally uses a deadly weapon or instrument against the victim, such use authorizes a permissive inference of intent to kill.

Depending on the jurisdiction, such circumstances may include: The question remains as to whether the non-realization of further life is an absolute evil, or whether this depends on what can naturally be hoped for: S, federal law 18 U.

In obedience to any judgment of a competent Court; or, 2. To learn more about what is and is not considered philosophy for the purposes of this subreddit, see our FAQ.

For instance, if an intelligent person receives a head injury that reduces his mental condition to that of a contented infant, this should be considered a serious evil even if the person himself in his current state is oblivious to his fate.

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Many questions come on the borderline and are difficult to answer such as killing one innocent person to When committing murder is morally justified a thousand. In other words, under the law one cannot murder a corpsea corporation, a non-human animal, or any other non-human organism such as a plant or bacterium.

Those who successfully argue a defence based on a mental disorder are usually referred to mandatory clinical treatment until they are certified safe to be released back into the community, rather than prison. In modern times, this reflects a social contract where allegiance is rewarded by the provision of policing and other civil defense systems, and the apparatus of redress is a court system.

Accidental killings are considered homicides. Post titles cannot be questions and must describe the philosophical content of the posted material. Preemptive self-defense, in which one kills another on suspicion that the victim might eventually become dangerous, is considered criminal. The former type of murder is often called premeditated murder, although premeditation is not the only way murder can be classified as first-degree.

Regardless of the morality or permissibility of committing suicide, suicide entails death, and so the question naturally arises as to whether death should or should not be feared. Abstracts should make clear what the linked material is about and what its thesis is.

The following not exhaustive list of items require moderator pre-approval: For Nagel, the bare experience of life is intrinsically valuable, regardless of the balance of its good and bad elements. On the one hand, states usually allow citizens to protect themselves from harm.

The Laws of Solonin early Athenian law, stated that if an accused pleaded that he was justified in killing another, his case would be tried in a dedicated court called the Delphinion where, for example, it was considered justifiable homicide to kill an adulterer or burglar caught in the act.

Many jurisdictions divide murder by degrees. Posts about well-trod issues e. Therefore, if death is an evil this is not because it involves a period of non-existence, but because it deprives us of life.

A homicide performed out of vengeance, or retribution for action in the past, would not be considered justifiable. The nature and consequences of such conduct; or 2.Is killing ever justified? 67% Say Yes 33% Say No In some cases, it can be. Can killing ever be be morally justified?

What it does is upsetting people and causing more people to die or murder other people. Diplomacy and helping those people is the only sollution. Question 4 It has been established that the death penalty deters people from committing murder.

True False Question 5 Strictly speaking, parents cannot "punish" their children (in a philosophical sense of the word), because punishment requires the existence of an official, government-backed legal system.

True%(7). Murder is the unlawful killing of another human without in California can be convicted of murder for killing a fetus which the mother herself could have terminated without committing a crime in the late s.

This fact has been used to argue that capital punishment serves as a deterrent and, as such, it is morally justified. Jan 26,  · Can Torture Ever Be Moral? By Gary Gutting and Jeff McMahan January The only use of torture that has any chance of being morally justified is to gain important information.

because most of them believe that it can be permissible to kill a person to prevent him from committing murder and also that it can be less bad for a. Is it possible in any way to justify murder using reason or logic? (morally) justified. It's hard to answer without know what you mean there, and also how you define "murder".

Murder in a legal sense or in the more general sense? It is not difficult to imagine a situation in which murder is the morally correct action. Philosophically, why is murder considered wrong? Update Cancel. Answer Wiki. 11 Answers. why is murder morally wrong?

It would take a situation where by the concepts of unlawful and justified could be simultaneous for murder not to be wrong.

Justifiable homicide

As an example: If you were found guilty of murder after killing someone that was about to .

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When committing murder is morally justified
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