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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