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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