Should Murder Be Legalized?

by Carlton Herzog

INTELLIGENCE SQUARED DEBATE, August 21, 2064

QUESTION: SHOULD MURDER BE LEGALIZED?

Arguing for the motion, Carlton Herzog, Professor Emeritus, Miskatonic Institute for Social Philosophy.

Arguing against the motion, Cardinal Clarence Dowd, Vatican Institute for Social Justice.

Moderator: “Gentlemen, please proceed with your opening statements.”

Professor Herzog: “Black’s Law Dictionary defines murder as the unlawful killing of one person by another. One must infer from such a definition that prohibitions against killing are situational rather than absolute. Voltaire famously said, ‘all murderers are punished unless they kill in large numbers and to the sound of trumpets.’”  

“Voltaire implied that humans have been hardwired to embrace mass killing. To confirm that truth, one need only follow the Darwinian vapor trails streaming behind the brutal blood-soaked killing fields of modern warfare to the penumbral days of our ruthless, often cannibalistic, ancestors.”

Cardinal Dowd: “All life is God given and therefore sacred. To deny that truth is to condemn mankind to a life of butchery and madness.”

Professor Herzog: “The prohibition against murder rests on the legal fiction that killing is wrong. That fiction does not enjoy the same inviolable status as physical constants, such as the force of gravity and the speed of light.”

“We live in a nation where the national pastime is mass murder. Does my venerable adversary forget that the United States dropped two nuclear bombs on Japan, firebombed Dresden, and carpet-bombed North Vietnamese civilians? If life be sacred, then how does he explain half a million souls dying in the American Civil War, fifteen million in World War I, and another fifty million in World War II. Let us not forget the Rwandan and Serbian genocides, the two Iraq wars, and the Syrian civil war.  Killing is as American as apple pie whether it be by school shooters, gang members, abortion clinics, or Kevorkians. Killing is baked into American DNA.”

Cardinal Dowd: “Our debate tonight focuses on the legalization of murder by private citizens, and not the justifications or lack thereof for armed conflict. To grant all your citizens the right to use deadly force for good reason or no reason flies in the face of common sense. Look no further than Chicago’s inner city with its poverty and gang violence to see the fruits of unrestrained lethal behavior. The area has fragmented into warring tribes trapped in a never-ending cycle of retribution.”

Professor Herzog: “Then what of MAD, or mutually assured destruction, employed by nuclear states. The fear of an equally devastating retaliation from the target has kept the nuclear peace for 75 years. The desire to kill one’s enemies is balanced by the fear of being killed in kind. Therefore, the practical benefit of a homicidal society would be a massive reduction in military spending. Only a nation of suicidal fools would dare attack America.”

Cardinal Dowd: “Legalized murder cheapens human life, reduces people to things, and insults God.”

Professor Herzog: “When potential victims can sidestep a police investigation and a lengthy legal process to mete out speedy justice, potential criminals have a powerful incentive not to offend. Further, the assertion that God is offended by killing is palpably absurd.  The Abrahamic God was more than willing to eradicate all of humanity with the Flood, the righteous and the wicked alike, including children. In Revelations, He promises to do the same with fire. In between those two divine apocalypses, lies the rampages of God’s genocidal bagmen Joshua and Moses. Their conversion methodology relied heavily on the mass extermination of entire populations including their domesticated animals. It is that same hideous morality that informed the butchery of the Islamic conquest, the Mongol Invasion, the Mayan death cult, and ultimately the Soviet gulags.”

Cardinal Dowd: “I commend the Professor on his artful logic. But it is insensitive to the essential dignity of man as a creature fashioned in the image of a loving God. To be sure, the fragile clay of human nature lends itself to perversions of the most heinous kind. Yet, it also produces, if not murdered in its sleep, the most beautiful and profound things.  It is as, the great Abraham Lincoln once said, we must cultivate “the angels of our better nature” and not be led astray by our inner devils.”

Professor Herzog: “when I look in the mirror, or at another man, I do not see the angelic. Instead, I see the stamp of an irrevocable expiration date. To paraphrase Shakespeare’s Macbeth, life is an exercise in futility, a tale of sound and fury told by an idiot who struts and frets upon the stage and is seen and heard no more.” 

“If that nihilistic arc seems extreme and inhumane, then it would be well to consider that at bottom man is 90% water and two dollars-worth of drug store chemicals. Those chemicals combine to produce cells, 90% of which belong to non-human organisms, such as bacteria, fungi, and viruses. Indeed, when the ontological drill bores deeper, it finds that human existence is a haphazard temporary organization of molecules. In the grand scheme of things, one human killing another is merely the shifting of electrons from a coherent phase state to one more chaotic and open-ended. To borrow from Empedocles, ‘Already have [we] been a boy and a girl. A bush and a bird, and a silent fish in the sea.’”

“Let us give Darwin his due. Genetically, our closest common ancestor is the murderous, sometimes cannibalistic chimpanzee. That we are not a consistently reasoning animal, that our heads contain dark animal impulses, and that our brains are imperfect instruments should come as no surprise. The shadow of our checkered evolutionary past often falls and elongates over our so-called civilized lives. For despite our trousers and phones, we remain beasts of the dark woods and caves.  The hairy and elongated canines may have shrunk, the screeches and ululations may have given over to language, and ballistic fecal matter may be a thing of the past, but we remain intimately tied by our very chromosomes to those voiceless souls we cage and medically exploit.  We treat them as meaningless nobodies. What then is the great truth that elevates our worth over theirs other than the strong dominate and exploit the weak?”

Cardinal Dowd: “I cannot share your dim view of life as an exercise in futility.  Even if one accepts the rather demoralizing truth of evolution, one can marvel at how far we have come from the simple single-celled organisms that floated in the primordial sea. We became fish, and those fish grew legs and walked on land, and later evolved into primates going on all fours. Then we walked upright and looked to the horizon of our possibilities. Now we have walked on the moon and Mars. I submit that those are far from nothing. They are everything.”

Professor Herzog: “At the most fundamental level, killing is the driver of evolution, helping to eliminate suspect adaptations from the gene pool. With the advent of agricultural abundance and medical technology, humans in the more advanced nations have grown soft. The civilized demographic is addicted to passive entertainment. We have become nations of lookers, watchers, gawkers, and spectators whose life experiences are vicarious thrills obtained through digital feeds. Compounding the matter is the infantilizing effects of intrusive paternalistic governments that insist on protecting the citizenry from itself.”

“Lacking any real existential challenges, our so-called civilized man is devolving into a bipedal jellyfish, lacking the grit and spine of his hardier ancestors. In short, civilized man has no skin in the game of his own existence. He has become a vain decadent thing with an undeserved sense of entitlement. It is that lack of any real humility and perspective that accounts for his wanton disregard for the environment and contempt for nature.”

“Legalizing murder vaccinates the public against the disease of apathy and self-satisfaction. Man’s greatest achievements have occurred when the risks were greatest, and the outcomes were uncertain. To legalize murder is repurpose lethal killing into a focused driver of human evolution and enduring achievement. Survival is that much sweeter when it is earned by dint of our evolved cunning and intelligence, rather than a guaranteed government hand-out.”

Cardinal Dowd: “I am sad that you have such little regard for your own kind. It must truly horrible to be a self-loathing human. I must wonder what childhood trauma caused such a twist in your personality.”

Professor Herzog: “Ad hominem attacks on me, couched in pseudo psychology cannot hide the truth that legalizing murder would be an economic boon.  First, it would relieve the overburdened criminal justice system of investigating capitol cases and housing offenders for life while their appeals drag on for decades. Second, a state licensed and taxed murder for hire industry would contribute enormously to government coffers. Third, the legalization of murder would spawn any number of new businesses:  murder insurance, corpse disposal, murder protection academies, and deadly arts academies. Finally, the dagger, explosives, gun and poison industries would enjoy a long-awaited rebirth.”

Cardinal Dowd: “Your argument makes as much sense as sawing the portion of tree limb between where you are sitting and the trunk.  What do you suppose will happen when corporate heads, doctors, and lawyers wind up at the end of a loaded gun barrel? The day-to-day operation of society would ground to a halt without their coordinating and essential influences. What is to stop a would-be murderer from strolling into an operating room and executing the entire team during an operation?  Or a disgruntled air traveler from stabbing a pilot, an irate felon from strangling a judge?  If murder be legal, then it makes little sense to outlaw any lesser offense.  The nominal benefits flowing from the increased commercial traffic would be more than offset by the rampant chaos. You seem to forget that group cohesion. and other eusocial behaviors are the driving force behind the rise of civilization. If man had opted for killing members of his group, there would have been no one to hunt or gather food, or care for children. Cooperation, the very glue of civilization, would cease to hold things together.”

“I cannot accept the premise that no natural constraints on lethal conduct exist outside man made law. Most mammals operate in groups, from wolves to whales, elephants to chimpanzees.  Rarely, if ever do members of the same animal group murder one another, however ferocious their interpersonal combat for dominance make take. Foraging and hunting are a collaborative effort. If we accept as true your premise that we live in coldly indifferent and random universe, then carving out a modicum of certainty in human affairs is paramount to our personal and collective sanity. If individuals can only feel secure when they sleep with one eye open, pistol in hand, then paranoia and schizophrenia will be the hallmarks of the human condition.”

Professor Herzog: “In an ideal world, there would be no need to legalize murder. But man is still very much a prisoner of his aggressive animality. Until his emotional architecture attains equilibrium with his intellect, he must find a way to redirect his inescapable lethal impulses along more constructive lines. In his Civilization and its Discontents, Doctor Freud observed that laws forbidding man’s primitive desire to kill give rise to discontent and mental illness. Though shackled, such desires do not evaporate but manifest in the more accepted practice of war. To legalize murder is to offer society an alternative to global conflict and eventual extinction.”

“The Cardinal wrongly assumes this is a moral issue in an amoral world.  Rather it is the application of Trolley Problem Logic where priority is given to the needs of the many over the needs of the one or the few. It is the same social arithmetic that decides who gets in the lifeboat first, who goes to war and who stays behind.”

Moderator: “That concludes our debate. Those who want murder legalized should press one on their pads, those who do not press two.”

~

Bio:

Carlton Herzog served as a flight dispatcher in the USAF. He later graduated magna cum laude from Rutgers University. He also graduated from Rutgers Law School, where he served as the Rutgers Law Review Articles Editor. He currently works for the federal government. This is his fourth appearance in Sci Phi Journal.

Leave a Reply

Your email address will not be published.

Previous Story

Infinity Child

Next Story

Sailing The Seas Of Time: What If We Took Alternative History Seriously?

Latest from Fiction

The Existence Of God

Leopoldo Lugones' theological flash translated by Álvaro Piñero González, with commentary by Mariano Martín Rodríguez.