The Golden Rule is the principle of treating others as one
would expect to be treated themselves. In this writing I’m going to explore a
possible logical conclusion that is currently frowned upon in Western society;
the subject matter is the death penalty. Please keep in mind the idea of ‘do
unto others as you would them have done unto you’, and when people don’t adhere
to this fairly simple principle then they are tyrants, petty tyrants or willing
slaves.
At its very base, the Golden Rule, means that if you thieve then
you should allow to be stolen from by others, and if you murder then you should
not complain about being killed; which is of course obvious as dead people
don’t talk. A person who beyond a reasonable doubt is found guilty of taking a
life, should accept that their life is forfeit under the Golden Rule unless once
again their intent is to be a tyrant; and seeing as most people typically don’t
like tyrants, seeing as so many tyrants were killed without a trial, while your
basic murderer is typically given a chance in court before any punishment is
applied.
This leaves me asking if the current social balance is based
on allowing individualistic tyranny coupled with willing slavery, or on the
recognition of and the even application of the Law. In other words, has Lady
Justice remained as blind in the countries where the people previously claimed
she was; for me the answer is a resounding NO.
Some detractors of the death penalty will raise whataboutism
with a focus on ‘new evidence’ after death showing an error in conviction. In Canada , both
first and second degree murder carries a life sentence without chance of parole
for 25 years; this for a 55 year old man has a strong potential of being a
death penalty like sentence. And then, what happens if that same new evidence
comes out posthumously, typically the government dips into the public purse for
a cash disbursement. A more pragmatic approach considers takes a monetary
approach, 25 years of prison budget plus new evidence payout budget vs. death
penalty plus new evidence payout; no research was done to see if the new
evidence payout includes an amount for each month behind bars.
Other opponents of the death penalty will trot out the ‘moral
high-ground’ argument; this is where the claim is made ‘that a society can not
condemn a murderer to death if it is willing to execute its own citizens’.
While ad hoc ergo propter hoc (“after this, therefore because of this”) in this
case there is no fallaciousness here. If the primary purpose of the government
is the protection of the citizenry, and that is why most countries have armies
for national defense; I will borrow from the Americans on the topic of ’all
enemies foreign and domestic’.
I consider a person who kills on any country's soil, an enemy
of the citizenry of that country. Taking a human life not in self defense or in the defense of
others must be considered murder or at least manslaughter, and this is why a man I previously knew, his
name being Ed, who may still be a lawyer for Canadian solders; though I think he
worked as both prosecutor and defender.
Blackstone's formulation states, ‘It is better that 10
guilty persons escape than that one innocent suffers’ has, for me become mostly
null and void because of the sciences which has nourished the technologies now
in use in criminal investigations thus leaving little room for doubt of criminality; my the
basic question is how far will a society go in self defense vs. maintaining some moral high ground. That being said, the legal system has been matured with
avenues of checks and balances, such as courts of appeal. Of course there is
always a chance of an ‘oops’, therefore in a case where things aren’t all that
straightforward, a charge of manslaughter is always an option.
While I’m not a lawyer and I’ve never played one on television,
murder and manslaughter are two different things, as manslaughter seems to lack
the ‘mens rea’ or ‘state of mind’ for the
intentional taking of another’s life. Murder and manslaughter have different
standards/recommendations with regards to sentencing, this line of delineation
was probably due to the concept of state of mind; hence a psychological review
is called, especially for crimes of passion.
Moving slightly off topic, if the stories of incarcerated pedophiles
are to be accepted as truth, then we as a Canadian society, do have a death
penalty already in place though it seems to be quite selective, and the
government off loads the deed to someone who has already killed, robbed or sexually abused and are also already incarcerated.
Now, if the other stories of incarcerated pedophiles are to
be accepted as truth, then we as a Canadian condone slavery. When an
incarcerated pedophile doesn’t want Protective Custody (PC) they will upon occasion
do paid labour and hand their monies/earnings over to a cell-block ‘boss’ in
exchange for protection. This means that Canada has government sanctioned
slavery though the government off loads the deed to someone who already killed,
robbed or abused and are also already incarcerated.
So here we are at the end of my Readers Digest version of
this discussion. As an Italian might say ‘c'è molta carne alla griglia’ or in
English ‘there is a lot of meat on the grill’, the intent behind this saying is
that when there are too many items presented it is harder to properly manage
all of the talking-points at the same time without getting burned on at least
one of them.
I don’t expect to sway many minds with this pat on the back
for the ‘death penalty’, as this is a visceral topic and so many people just
won’t change their mind on this topic. This subject matter is kind of like
abortion yet different because in the case of murder, it was the murderer who made the choice to take a human life. In closing, I’m not a doctor
and I’ve never played on television.
Please be good…
5 comments:
Every society (and thus, every government which rules a society) has the *duty* to do its best to protect the property and lives of its members, and, failing that, to extract *just* vengeance upon the perpetrators of the particular injustice committed against some member.
A society (and thus its government) does not have a similar obligation toward the members of other societies, except in cases where the injustice was committed either by a member of that society or was committed within the jurisdiction of that society/government.
When a Canadian is murdered in Canada by another Canadian, it is not the duty of American society/government to enact justice against the murderer. When a Canadian is murdered in Canada by an American, it is primarily the duty of Canada to enact justice against the murderer, and secondarily the duty of America.
So, the moral problem with *all* anti-death penalty arguments is that they implicitly deny the membership-in-society of the murder victim and deny that society has the *duty* to enact justice in place of the injustice committed against the victim -- the arguments assign to the *murderer* the right to exclude the victim from society.
Good Sir,
Your own writings have already caused me much reading and contemplation this evening. So, I do enjoy your closing paragraph above due to both the brevity and simplicity.
Thank you.
I can be long-winded, but I strive for brevity. And what I really like to do is to say something which has layers of meaning to be discovered; not the easiest task.
So, my point was not "Rah! Rah! Death Penalty!", but rather that blanket opposition to the death penalty in any and all situations is immoral and unjust.
Thus, it behooves a just society to judiciously mete out the death penalty when it is moral and just to do so, when morality and justice demand it be imposed.
Now, I'm looking forward to reading "Losing Faith in Atheism"
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