jp said:
This sounds nice, but it doesn't make it true.
Human action isn't explained exclusively in terms of irrepressible human will. People do things for a multitude of reasons. People do whats easy, whats convenient, they seize opportunities where they arise. The nature of human action is massively influenced by circumstance.
I didn't say anything about human will. As in every prohibition ever made, as far as I know, people find a way to do things that are prohibited, rightly or wrongly, relatively innocent or hideous. It's not a matter of will - water doesn't have a will when it slips through a strainer. It's water's nature.
Is it not in the nature of many people to do violent things? Perhaps it is not an inherent human genetic factor, but it is certainly a deeply-ingrained cultural factor, varying from culture to culture as to the degree.
We have the right, in almost all societies, to kill in self-defense. That acknowledges the fact that in our collective experience, there are people who will do murder and violence. Yes, opportunity plays into it. You can hardly kill someone who is not near you, after all. Sometimes it doesn't matter who else is near either.
Almost all societies have mitigating circumstances on murder sentencing. As was discussed in another thread, a local musician killed his wife by burning her. Instead of the life sentence the prosecutor asked for, the judge returned 18 years due to the fact that the guy was enraged when he did it.
How can anyone justify rage as a mitigating factor on murder sentencing? It was the taking of a person's life, the most precious thing in existence for each individual. The ultimate rape no matter whether sex was involved. In my mind, such animals do not deserve to live (I am completely against the death penalty for multiple reasons - but they can stay in prison the rest of their lives - that's something I'm happy to help pay for), much less have their sentences mitigated simply because they did something horrendous in a fit of passion.
If they are capable of that, is it not possible that they will do it again? Who really believes that violent people like this can be rehabilitated in prisons? Show me a better way, to really change the "nature" of that person, and I'm willing to consider alternatives.
To me, the only reason to grant mitigating factors in cases such as these is if the law recognizes a certain base human nature. It says we are all capable of this. We are all capable of killing in rage.
Personally, I don't buy it, at least for all people. I can't imagine a situation where I would kill someone purposefully, in a fit of rage. I do believe in manslaughter - I could conceive of me killing someone by accident, say in a fight, as a result of a blow to the head that caused a cerebral hemorrhage, something that I had not intended but caused another person's death.
But to strangle, stab, shoot, burn, etc? I can't imagine me ever being that out of my mind with anger. The very thought nauseates me.
Human nature is a tricky thing. Genetics, memetics, basic animal instincts. All I know is that obviously, some people in society ARE capable of some pretty horrible stuff. It's in their nature.