To Kill Another: Homicide and Natural Law
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, defending 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, there must be protections for the guilty and prohibition against killing innocents.

Western theories of law have drifted steadily towards the privatization of homicide,despite the fact that it runs counter to rule of law. Public acts of homicide like capital punishment are now viewed by many as barbaric, while a private act of homicide like the starvation of comatose patients is viewed by many as a caring gesture both to patient and family. This subversion of the rule of law is prompted by humanitarian ethics.

McAleer argues that humanitarianism is a false friend to those committed to the rule of law. The problem of human vulnerability makes political theology an inescapable consideration for law. Readers will find much to reflect upon in this book. McAleer's argument can be read as a cultural chapter in the history of moral ideas, but also as a close and timely reading of a grim subject.

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To Kill Another: Homicide and Natural Law
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, defending 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, there must be protections for the guilty and prohibition against killing innocents.

Western theories of law have drifted steadily towards the privatization of homicide,despite the fact that it runs counter to rule of law. Public acts of homicide like capital punishment are now viewed by many as barbaric, while a private act of homicide like the starvation of comatose patients is viewed by many as a caring gesture both to patient and family. This subversion of the rule of law is prompted by humanitarian ethics.

McAleer argues that humanitarianism is a false friend to those committed to the rule of law. The problem of human vulnerability makes political theology an inescapable consideration for law. Readers will find much to reflect upon in this book. McAleer's argument can be read as a cultural chapter in the history of moral ideas, but also as a close and timely reading of a grim subject.

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To Kill Another: Homicide and Natural Law

To Kill Another: Homicide and Natural Law

by Graham McAleer
To Kill Another: Homicide and Natural Law

To Kill Another: Homicide and Natural Law

by Graham McAleer

Paperback

$63.99 
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Overview

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, defending 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, there must be protections for the guilty and prohibition against killing innocents.

Western theories of law have drifted steadily towards the privatization of homicide,despite the fact that it runs counter to rule of law. Public acts of homicide like capital punishment are now viewed by many as barbaric, while a private act of homicide like the starvation of comatose patients is viewed by many as a caring gesture both to patient and family. This subversion of the rule of law is prompted by humanitarian ethics.

McAleer argues that humanitarianism is a false friend to those committed to the rule of law. The problem of human vulnerability makes political theology an inescapable consideration for law. Readers will find much to reflect upon in this book. McAleer's argument can be read as a cultural chapter in the history of moral ideas, but also as a close and timely reading of a grim subject.


Product Details

ISBN-13: 9781412849609
Publisher: Transaction Publishers
Publication date: 10/15/2012
Pages: 252
Product dimensions: 5.90(w) x 8.90(h) x 0.40(d)

Table of Contents

Preface ix

Abbreviations xxi

Introduction 1

1 Blood Diamonds and the Limits of Moral Knowledge 15

2 State Privilege to Kill 33

3 Victims' Rights and Double Jeopardy 59

4 Political Theology and the Law of War 85

5 Wrongful Life Tort 101

6 Is Carl Schmitt Right? Is Just War Impossible? 117

7 Why the Case of the Maltese Twins Was Wrongly Decided 139

8 Kosovo Air War and Why Malthus Was Really a Wise Man 161

Conclusion: Natural Law as Political Theology 187

Appendix: The "Summa Theologica" Thomas Aquinas 199

Bibliography 215

Index 227

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