3rd Party Killing

#1

therealUT

Rational Thought Allowed?
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#1
So now what if the scenario is a 3rd party being targeted? Does anyone have any right to intercede on another's behalf? What I'm really getting at is the concept of stopping something negative BEFORE it happens. By definition this is pretty much impossible unless a preventative act is justified before this bad thing, whatever it is, actually occurs.

I figured I would begin a new thread to address this issue.

Many military ethicists, moralists, and theorists argue that the justification for killing another comes from a liability; basically, the person you are killing has somehow lost or forfeited their right to life.

A legitimate act of war is one that does not violate the rights of the people against whom it is directed…no one can be threatened with war or warred against, unless through some act of his own he has surrendered or lost his rights…Soldiers who do the fighting, though they can rarely be said to have chosen to fight, lose the rights they are supposedly defending…Simply by fighting…they have lost their title to life and liberty, and they have lost it even though…they have committed no crime. ‘Soldiers are made to be killed,’ as Napoleon once said.

Just and Unjust Wars p. 135-136
Michael Walzer

Having been a soldier who felt that I never explicitly, nor even implicitly, gave up my right to life, I began to research and investigate into this idea and the entire theory of natural human rights.

A natural human right is basically that which you are entitled to simply by virtue of being a human: life definitely counts, liberty probably counts, property is a bit more problematic, education and health care do not in any way fall under the umbrella of natural human rights. Further, there are certain qualifications of natural human rights, the primary qualification being alienation (e.g., We hold these truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life.) Alienation has two criterion, the first being the ability to transfer the entity in which you hold the right; nobody can transfer their life to anyone else, hence it is inalienable (the second criterion is that such a transfer, if it were possible, would have to produce greater value for the individual partaking in the transfer; Hobbes expresses quite clearly that nothing can be more valuable for any individual than their own life).

From that basis, I then investigated the notion of "forfeit" and concluded that forfeiture is simply a species of transfer (quick breakdown: "giving something up" is "giving"; "giving" is transferring; moreover, nothing reverts to nothing, i.e. one cannot give something to nothing). Thus, since one cannot transfer their right to life, one cannot forfeit their right to life. So, the justification for killing someone cannot be in the notion that said person has no right to life.

There must be a manner in which one can be justified in killing someone in order to preserve their own life, though. Working off of the notion and criteria of the duty to rescue (i.e., B is in peril; A is in a situation in which A can be reasonably successful in rescuing B; A can perform this rescue at a reasonable cost (which I simply place between 0 and 1); A has a duty to perform the rescue), I constructed a formula in which one can kill in order to preserve their own life:

A is morally justified in overriding B’s right to life (i.e. killing B) if, and only if: (1) the threat to A’s right to life is imminent; (2) overriding B’s right to life defends and preserves A’s right to life; and, (3) there is no other viable method in which A can defend and/or preserve his life.

This formula trades upon an innate valuing of one's own life above all others (which may or may not be accepted); so that A is justified in overriding B's right to life (solely in accordance with the above formula) because A's right to life is more valuable to A.

That simply gets one to a justification to defend and preserve their life, and only their life, with deadly force. Unfortunately, because the right to kill is entailed within the right to life (there is no liability/culpability mechanism at play), and one cannot transfer their right to life, then one cannot transfer their right to kill. In order to kill as a "3rd Party" one must first put themselves in harm's way, that is put themselves in a situation in which the only manner in which they can preserve their own life is to kill.
 
#2
#2

Here it is in short, logical form:

Argument re: Right to life
1. There are natural human rights
2. The right to life is a natural human right
3. Some natural human rights are inalienable
4. An inalienable right is a right in which the entity that one has a claim/title to can not be naturally transferred and/or, were it possible to be transferred, the transfer can not produce greater value for the individual making the transfer
5. One cannot naturally transfer their life to anyone else
6. Therefore, the right to life is an inalienable right
7. Forfeiture is a species of transfer
8. Therefore, the right to life cannot be forfeit

Argument re: Right to kill
1. One's life is of absolute value to oneself
2. It is irrational to trade something of greater value for lesser value
3. Complicitly allowing someone to take something of greater value from you is irrational
4. Therefore, it is both rational to preserve your life and to defend your life at any cost that does not exceed the value of your life
5. No value exceeds the value of your own life
6. Therefore, it is both rational to preserve your life and defend your life at any cost
7. Therefore, one may resort to the use of force to defend their life

Argument re: Right to kill, 2: supersession
1. Everyone possesses the inalienable right to their own life
2. Everyone possesses the right to kill to preserve their own life
3. The value of everyone's life is absolute for them
4. My right to life is ostensibly equal to everyone else's right to life
5. Therefore, I do not have a right to kill
6. However, I am absolutely certain of the value of my own life; I am much less certain about the value of the lives of others (I am uncertain, to an extent, even of the existence of other minds)
7. Therefore, my own right to life supersedes others' rights to life
8. Therefore, I can kill others to defend/preserve my right to life.

Argument re: Right to kill, 3: epistemic constraint from duty to rescue
1. There is a duty to rescue
2. That duty exists if and only if:
a. Another is in peril;
b. One is in a situation in which one can be reasonably successful in performing the rescue of another;
c. One can perform this rescue at a reasonable cost (between 0 and 1)
3. The duty to rescue is universal
4. Therefore, there is a duty for one to rescue oneself (universal duties apply universally)
5. Therefore, I have a duty to preserve/defend my life in the case in which I would have a duty to rescue myself
6. Trading on the previous arguments, I can resort to the use of force to perform this personal rescue of myself

Argument re: Third-Party Killing
1. The right to kill is entailed in within the right to life
2. The right to life is non-transferrable
3. Therefore, the right to kill is non-transferrable
4. Therefore, I cannot kill one person to save another person's (who is not myself) life.

As long as one accepts the premises that there are natural human rights, that one's life is of absolute value to oneself, and there is a duty to rescue, then one must accept all of these arguments (it is a proof).
 

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