Trial by Fire - a case of death penalty in Texas

Started by viper37, August 31, 2009, 05:02:49 PM

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Razgovory

Quote from: grumbler on October 20, 2009, 08:54:03 AM
Quote from: Razgovory on October 19, 2009, 07:36:15 PM
I didn't think so.  I wasn't sure how that was always handled.  So if the US signed a treaty that banned execution and executed a guy anyway that could make it a murder right?
It would be an extrajudicial execution, so it would be murder.  The "US" couldn't execute anyone in violation of the law; it would have to be a person or persons doing this as private individuals rather than government officials.

Are you saying that the word "execute" is mutually exclusive with illegality?
I've given it serious thought. I must scorn the ways of my family, and seek a Japanese woman to yield me my progeny. He shall live in the lands of the east, and be well tutored in his sacred trust to weave the best traditions of Japan and the Sacred South together, until such time as he (or, indeed his house, which will periodically require infusion of both Southern and Japanese bloodlines of note) can deliver to the South it's independence, either in this world or in space.  -Lettow April of 2011

Raz is right. -MadImmortalMan March of 2017

grumbler

Quote from: Razgovory on October 20, 2009, 01:33:33 PM
Are you saying that the word "execute" is mutually exclusive with illegality?
Not execute, but "judicial execution."  If someone is executed in violation of the law, it cannot be a judicial execution, by definition.
The future is all around us, waiting, in moments of transition, to be born in moments of revelation. No one knows the shape of that future or where it will take us. We know only that it is always born in pain.   -G'Kar

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Razgovory

Ahh.  Thank you for clearing that up.

I was thinking on this subject earlier today.  It occurs to me that using A's reasoning would lead to a bit of trouble.  If say, a legal execution by the state was the moral equivalent to say a man cold bloodedly killing his wife then it puts us citizens in a bind.  Since I may be morally obligated to stop the man from killing his wife, even to the point of using lethal force would I not be so obligated to save the prisoner on death row?  I'd rather not have to charge the local penitentiary guards for the sake of some gangster.
I've given it serious thought. I must scorn the ways of my family, and seek a Japanese woman to yield me my progeny. He shall live in the lands of the east, and be well tutored in his sacred trust to weave the best traditions of Japan and the Sacred South together, until such time as he (or, indeed his house, which will periodically require infusion of both Southern and Japanese bloodlines of note) can deliver to the South it's independence, either in this world or in space.  -Lettow April of 2011

Raz is right. -MadImmortalMan March of 2017

DGuller

Quote from: Razgovory on October 20, 2009, 08:33:17 PM
Ahh.  Thank you for clearing that up.

I was thinking on this subject earlier today.  It occurs to me that using A's reasoning would lead to a bit of trouble.  If say, a legal execution by the state was the moral equivalent to say a man cold bloodedly killing his wife then it puts us citizens in a bind.  Since I may be morally obligated to stop the man from killing his wife, even to the point of using lethal force would I not be so obligated to save the prisoner on death row?  I'd rather not have to charge the local penitentiary guards for the sake of some gangster.
It will also lead to an infinite loop that will depopulate the entire country.  The wife murder gets executed, then his executioners get executed, then the executioners of the executioners get executed, then the executioners of the executioners of the executioners get executed, and so on.

grumbler

Quote from: Razgovory on October 20, 2009, 08:33:17 PM
Ahh.  Thank you for clearing that up.

I was thinking on this subject earlier today.  It occurs to me that using A's reasoning would lead to a bit of trouble.  If say, a legal execution by the state was the moral equivalent to say a man cold bloodedly killing his wife then it puts us citizens in a bind.  Since I may be morally obligated to stop the man from killing his wife, even to the point of using lethal force would I not be so obligated to save the prisoner on death row?  I'd rather not have to charge the local penitentiary guards for the sake of some gangster.
You are not morally obliged to stop a man from killing his wife, if the only means to do so is killing him.  In fact, it would be murder for you to do so, according to Agelastus.  Ditto for saving a man on death row.  Remember that, according to Agelastus, self defense is the sole exception to the rule that killing someone deliberately is murder.  Hell, you could have killed the 9-11 hijackers and saved all the people in the World Trade Center, and been a murderer for doing so if your own life was not in danger from them.
The future is all around us, waiting, in moments of transition, to be born in moments of revelation. No one knows the shape of that future or where it will take us. We know only that it is always born in pain.   -G'Kar

Bayraktar!

Caliga

I have not followed this whole thread so forgive me for asking if it's obvious from earlier posts, but is Agelastus's position that killing of another human being = murder?  If so I have never heard this argument before.
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DontSayBanana

Intentional deprivation of life, apparently.  The question seems to be for him whether or not the state has authority to justify deprivation of life, and he's come down firmly against.  From what I've seen, it's a fairly common approach among legal naturalists, who maintain that the Constitution is subordinate to some ethereal, inviolate "natural law of society."
Experience bij!

Berkut

Quote from: Caliga on October 21, 2009, 08:57:02 AM
I have not followed this whole thread so forgive me for asking if it's obvious from earlier posts, but is Agelastus's position that killing of another human being = murder?  If so I have never heard this argument before.

All you have to understand is that Age thinks that the words "murder" and "homicide" are synonyms.

All you have to do is replace "murder" with "homicide" in his arguments, add in the moral implications of murder to the word homicide (which is why he doesn't just use the word homicide of course) and then you can understand the form of his argument.

The content will still be beyond you, since it doesn't make any logical or rational sense, however.
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Razgovory

I was for the death penalty up until recently (this case had something to do with it), but really I don't care much either way.  It's not something I worry about on a daily basis.
I've given it serious thought. I must scorn the ways of my family, and seek a Japanese woman to yield me my progeny. He shall live in the lands of the east, and be well tutored in his sacred trust to weave the best traditions of Japan and the Sacred South together, until such time as he (or, indeed his house, which will periodically require infusion of both Southern and Japanese bloodlines of note) can deliver to the South it's independence, either in this world or in space.  -Lettow April of 2011

Raz is right. -MadImmortalMan March of 2017

grumbler

Quote from: Caliga on October 21, 2009, 08:57:02 AM
I have not followed this whole thread so forgive me for asking if it's obvious from earlier posts, but is Agelastus's position that killing of another human being = murder?  If so I have never heard this argument before.
No, it is that the death penalty is murder.  All forms of killing beside judicial execution are apparently some subset of a mysteriously all-encompassing concept of "self defense."

I have never heard this argument before, either.  It is based on a private definition of murder, though, so one wouldn't expect to have heard of it.
The future is all around us, waiting, in moments of transition, to be born in moments of revelation. No one knows the shape of that future or where it will take us. We know only that it is always born in pain.   -G'Kar

Bayraktar!

Caliga

But... since murder is a legal term, how can the death penalty be murder if it is conducted by the state which by definition gets to decide what is murder and what isn't?

I can see the argument that execution is "wrong" or maybe unethical or immoral, but not that it is a form of murder.
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grumbler

Quote from: Caliga on October 21, 2009, 11:43:56 AM
But... since murder is a legal term, how can the death penalty be murder if it is conducted by the state which by definition gets to decide what is murder and what isn't?

I can see the argument that execution is "wrong" or maybe unethical or immoral, but not that it is a form of murder.
Agelastus's argument is that the legal definition for murder is bogus because it allow the death penalty, and that he personally uses a new and better private definition which includes judicial execution.
The future is all around us, waiting, in moments of transition, to be born in moments of revelation. No one knows the shape of that future or where it will take us. We know only that it is always born in pain.   -G'Kar

Bayraktar!

Razgovory

Quote from: grumbler on October 22, 2009, 05:00:09 AM
Quote from: Caliga on October 21, 2009, 11:43:56 AM
But... since murder is a legal term, how can the death penalty be murder if it is conducted by the state which by definition gets to decide what is murder and what isn't?

I can see the argument that execution is "wrong" or maybe unethical or immoral, but not that it is a form of murder.
Agelastus's argument is that the legal definition for murder is bogus because it allow the death penalty, and that he personally uses a new and better private definition which includes judicial execution.
Well lets not pretend he's the only one on languish that has his personal defintion of words that don't jive with everyone elses.
I've given it serious thought. I must scorn the ways of my family, and seek a Japanese woman to yield me my progeny. He shall live in the lands of the east, and be well tutored in his sacred trust to weave the best traditions of Japan and the Sacred South together, until such time as he (or, indeed his house, which will periodically require infusion of both Southern and Japanese bloodlines of note) can deliver to the South it's independence, either in this world or in space.  -Lettow April of 2011

Raz is right. -MadImmortalMan March of 2017

Neil

Quote from: Razgovory on October 22, 2009, 05:49:44 AM
Quote from: grumbler on October 22, 2009, 05:00:09 AM
Quote from: Caliga on October 21, 2009, 11:43:56 AM
But... since murder is a legal term, how can the death penalty be murder if it is conducted by the state which by definition gets to decide what is murder and what isn't?

I can see the argument that execution is "wrong" or maybe unethical or immoral, but not that it is a form of murder.
Agelastus's argument is that the legal definition for murder is bogus because it allow the death penalty, and that he personally uses a new and better private definition which includes judicial execution.
Well lets not pretend he's the only one on languish that has his personal defintion of words that don't jive with everyone elses.
Indeed.  Like the way Tim uses 'dreadnaught' in place of 'dreadnought'.
I do not hate you, nor do I love you, but you are made out of atoms which I can use for something else.