Killing tears the soul apart redux.

[Ceridwen]

No: HPFGUIDX 139520

*(earlier posts skipped)*
aussie objects:
> Harry (and JKR) still considers the EXECUTION of a murderer to 
> damage the soul. Why? Harry's reason in POA to stop Lupin and Black 
> from killing Peter together was "I don't reckon my dad would've 
> wanted them (Lupin & Black) to become killers -- just for you
> (Peter)."

Ceridwen:
I would disagree here.  Lupin and Sirius are not empowered by a 
dispassionate state to oversee to a legally sanctioned and ordered 
execution.  They are acting outside of the law, and without any form of 
hearing from PP.

What they know, what they can prove, are one thing.  Extenuating 
circumstances are things they don't know (although we *now* believe 
there weren't any).  They were about to commit exactly the same sort of 
miscarriage of justice as that which happened to Sirius - being 
sentenced without due process.  And they had no reason, at least 
mentioned in canon, that would have indicated that justice would not be 
served if PP was brought in.

So, their killing of PP would actually be murder.  This is not a 
situation that could not be resolved otherwise.  There are still 
courts, and he could be captured and taken to the proper authorities, 
which would also go toward proving Sirius's innocence.  They were only 
thinking of revenge, a base and discouraged emotion.  It would not have 
been execution, it would have been murder.
 
> I also notice the OOTP guards in Hogwarts in HBP didn't AK any DE. 
> The only fatality during the battle came from a stray curse from 
> another DE that hit their own wizard. JKR protected the Order and DA 
> members from "ripping their soul apart".

Ceridwen:
OotP Guards in Hogwarts would be mindful of the possibility of someone 
not involved wandering along, say a student on his or her way to the 
hospital wing or coming to see what the commotion was about.  
Contrasted with the DE shooting off fatal Unforgivables every which 
way.  Not using a killing curse is acting responsibly under the 
conditions.  And, in most honorable missions of this sort, overkill is 
discouraged.

> (PS: JKR may differ greatly from Mosaic law in this case. If your 
> occupation is a military or police snipper, feel free to save my 
> hide if I am the hostage.)

Ceridwen:
You and me both!  And I doubt if either one of us wishes an officer or 
soldier to go around splitting his or her soul on our behalf, so I 
doubt if 'killing' under those circumstances, or even by accident, is 
considered the same as 'murder' by whatever power it is that splits the 
soul.

Ceridwen.