To kill another
Subtitle: homicide and natural law
By: Graham J. McAleer
Publisher: Transaction Publishers
Published: 2010
Place of publication: New Brunswick, N.J
Language: eng
Number of pages: 228
ISBN-13: 9781412811316
Description: Basing his argument on natural law, Graham J. McAleer asserts that only public authority has the right to intentionally kill. He draws upon the work of Thomas Aquinas and Francisco de Vitoria, who wrote a commentary on Aquinas's theory of homicide in Spain during the 1530s. McAleer defends the claim that these natural law theorists have developed the best available theory of homicide. To have rule of law in any meaningful sense, the author argues persuasively, there must be protections for the guilty and prohibition against killing innocents.

Western theories of law have drifted steadily towards the privatization of homicide. Public acts of homicide like capital punishment are now viewed by many as barbaric, even for heinous crimes, while a private act of homicide like the (increasingly routine) starvation of comatose patients is viewed by many as a caring gesture both to patient and family. This privatization of homicide is ongoing in Western law, despite the fact that it runs counter to the rule of law. This subversion of law is prompted by humanitarian ethics. McAleer argues that humanitarianism is a false friend to those committed to rule of law. As a consequence, the problem of human vulnerability makes political theology an inescapable consideration for law. Readers will find much to reflect upon in this book, which is timely in our twenty-first century. From start to finish, McAleer presents a sustained argument, one that is persuasive and compelling. It can be read as a cultural chapter in the history of moralideas, but as well it presents a close reading of a grim subject, homicide and its consequences. --Book Jacket.
Notes: Includes index and bibliographical references.
Table of contents: title: Introduction: the natural law theory used in the commentary; title: Blood diamonds and the limits of moral knowledge; title: State privilege to kill; title: Victims' rights and double jeopardy; title: Political theology and the law of war; title: Wrongful life tort; title: Is Carl Schmitt right? is just war impossible?; title: Why the case of the Maltese twins was wrongly decided; title: Kosovo air war and why Malthus was really a wise man; title: Conclusion: natural law as political theology.