Not all killing is murder.

Bruce Alan Wilson bawilson at citynet.net
Tue Nov 29 04:59:13 UTC 2005


No: HPFGUIDX 143650

Ophelia writes:

If Grindewald was killed, the matter deepens. Because we are 
told that killing fractures the soul, it would clarify some 
of the moral questions roaming the list lately concerning 
Harry's insistence to take as many DE's down as he can in HBP 
(sorry, I don't have the source material readily available).


I respond:

IIRC, the fracturing of the soul is MURDER, not killing.  Not 
every killing is murder.  My legal dictionary defines murder 
as 'the unlawful killing, with malice aforethought, of a human 
being.' Killing in self-defense or defense of a third party is 
not murder.  Killing in a fair fight is not murder.  Killing 
in a sudden and uncontrollable fit of rage is not murder. 
Killing by accident is not murder.  That is why the law 
recognizes other terms for killing than murder---manslaughter 
(voluntary or involuntary), homicide (justifiable, negligent, 
depraved indifference)---and different degrees of murder--
capital murder, first degree murder, second degree murder.

Bruce Wilson










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