Homicide in the Context of Killing (USP): Unterschied zwischen den Versionen

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== The Anthropology of Homicide ==
== The Anthropology of Homicide ==
'''4. Intraspecific intragroup violence is at the core of the homicide question.''' Violence of the human animal is much like violence of the non-human animal. Animal violence is usually interspecific: The predators practice offensive violence, whereas their victims practice defensive violence to prevent being eaten. Intraspecific competition is usually ritualized and related to fight for access to food, water, and sex. On the other hand, intra-specific killings are not as rare as once believed. Konrad Lorenz, On Aggression, 1966, still believed that that intra-specific killings like homicide and warfare only occurred in humans. Fact is that human violence is normally interspecific, but regularly also intraspecific. Intraspecific violence has proven to be useful in evolutionary terms. Especially for males: Reproductive benefits from intergroup (intra-specific) aggression are high in humans, but primarily accrue to males. - Intraspecific violence of the human animal normally takes the form of intergroup violence which tends to reinforce parochial altruism and improved survival chances. Human patterns of warfare, especially risk-taking, require private incentives or sanctions to solve the collective action problem. This is especially true for humans, and within human groups it is more common in cultures with greater risk-taking and elaborate cultural institutions and complex social organization. In more recent evolutionary times, variation in war practices reflects cultural group selection. Features of more successful groups spread within and between populations. Warfare can enable the rise of ultrasocial normals and complex societies. Groups that contain more individuals willing to behave altruistically towards in-group members, and act parochially towards outgroup members may achieve greater evolutionary success in warfare driving the evolution of human parochial altruism. Self-sacrificial behaviour in war is thus associated with improved group outcomes. - When intraspecific violence goes intragroup, there is a higher likelihood of negative social reactions (definition as homicide and intensive sanctions).
'''4. Intraspecific intragroup violence is at the core of the homicide question.''' Violence of the human animal is much like violence of the non-human animal. Animal violence is usually interspecific: The predators practice offensive violence, whereas their victims practice defensive violence to prevent being eaten. Intraspecific competition is usually ritualized and related to fight for access to food, water, and sex. On the other hand, intra-specific killings are not as rare as once believed. Konrad Lorenz, On Aggression, 1966, still believed that that intra-specific killings like homicide and warfare only occurred in humans. Fact is that human violence is normally interspecific, but regularly also intraspecific. Intraspecific violence has proven to be useful in evolutionary terms. Especially for males: Reproductive benefits from intergroup (intra-specific) aggression are high in humans, but primarily accrue to males. - Intraspecific violence of the human animal normally takes the form of intergroup violence which tends to reinforce parochial altruism and improved survival chances. Human patterns of warfare, especially risk-taking, require private incentives or sanctions to solve the collective action problem. This is especially true for humans, and within human groups it is more common in cultures with greater risk-taking and elaborate cultural institutions and complex social organization. In more recent evolutionary times, variation in war practices reflects cultural group selection. Features of more successful groups spread within and between populations. Warfare can enable the rise of ultrasocial normals and complex societies. Groups that contain more individuals willing to behave altruistically towards in-group members, and act parochially towards outgroup members may achieve greater evolutionary success in warfare driving the evolution of human parochial altruism. Self-sacrificial behaviour in war is thus associated with improved group outcomes. Intergroup violence enhances survival chances of those best at it - developing over time both a strong parochial altruism and equally strong xenophobia. - But: When intraspecific violence goes intragroup, there is a higher likelihood of negative social reactions (definition as homicide and intensive sanctions).
 
The reason why homicide is seen as something exceptionally bad does not even lie in the fact that it is the killing of another human being - i.e. an intraspecies act of aggression. - It is true that human life has a higher value than other lives. This is not necessarily a natural order of things, but we have learned - since the stoneage revolution and the rise of monotheistic religions - to devalue the living environment of human life, and to cherish human life as having some innate higher value. Harari. In that sense, humans are behaving like a Band of Brothers. Against  the rest. - We could even explain why societies scandalize the loss of human life through homicides. Accidents and diseases also kill people, as do predators, but the killing of a human by another human seems avoidable and scandalous, since it undermines trust and the very conditions that have to be fulfilled to guarantee the very possibility of living together in one society. This is why the murder of one person is a crime not only against that individual, but against everyone. Kant.  


'''5. The male human animal is a schizophrenic killer.''' Cum grano salis. He likes to think of himself as a peaceful being, but indulges in the extermination of living organisms - including of his own species.  
'''5. The male human animal is a schizophrenic killer.''' Cum grano salis. He likes to think of himself as a peaceful being, but indulges in the extermination of living organisms - including of his own species.  
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:Georgiev: "Consider, for example, the situation of the European colonial armies that first encountered the local populations in America, Africa, Asia, or Australia. The benefits of using violent aggression against the indigenous populations were enormous: taking away their land, their possessions, and even their people to use as slaves. The costs of the colonists’ aggression were minimal: armed with rifles, they could quickly kill large numbers of indigenous individuals at little or no physical risk to themselves. Moreover, the indigenous populations looked different and spoke a different language; it must have been quite easy for the colonists to find a psychological, political, historical, or religious justification for their violence, without suffering any consequences. These unusually high benefit/cost ratios for violent aggression against people from other countries are rare or nonexistent in animals, which may explain why large-scale aggression toward conspecifics is absent in animals, with the possible exception of chimpanzees and some species of ants and termites that stage wars against other colonies, destroying or taking away their resources and enslaving the workers."
:Georgiev: "Consider, for example, the situation of the European colonial armies that first encountered the local populations in America, Africa, Asia, or Australia. The benefits of using violent aggression against the indigenous populations were enormous: taking away their land, their possessions, and even their people to use as slaves. The costs of the colonists’ aggression were minimal: armed with rifles, they could quickly kill large numbers of indigenous individuals at little or no physical risk to themselves. Moreover, the indigenous populations looked different and spoke a different language; it must have been quite easy for the colonists to find a psychological, political, historical, or religious justification for their violence, without suffering any consequences. These unusually high benefit/cost ratios for violent aggression against people from other countries are rare or nonexistent in animals, which may explain why large-scale aggression toward conspecifics is absent in animals, with the possible exception of chimpanzees and some species of ants and termites that stage wars against other colonies, destroying or taking away their resources and enslaving the workers."
While estimates are ranging all the way from one to three billion, it is an undisputable fact that the intra-species killing of humans by humans in wars has cost so many lives in the course of human history that it is simply impossible to maintain the thesis that what makes murder so exceptionally "bad" is the general respect for human life. And while there are many animals that would never ever kill other members of their own species, the human animal does not have such a barrier in his behavioral repertory. Military, mercenaries, militias, violent gangs, police, euthanasia physicians, and others do kill with a license to kill under certain conditions. The reason why homicide is seen as something exceptionally bad resides in its disobedience with respect to enforceable group interests.
We are living in an age of ethical and moral universalism. We have the Universal Declaration of Human Rights, and universal claims of religions. But when we look at the moral boundaries between allowed and prohibited killings, we soon recognize that there are two different evaluations concerning killings. Killings in the name and interest of the collective are good and laudbale, but killings in just one's own selfish, egotistical interest are forbidden and scandalized.
Examples for moral boundaries along these lines:
*The Jain proscribe all killings, but when it comes to warfare, they require obedience to the commanders
*Intragroup killings are regularly considered reprehensible and severely punished. This goes for illegal groups as well as for legal ones. For PCC as well as BOPE.
While murder is dysfunctional for the collective, killing in coalitionary intergroup aggression including war is good for the survival of the dominant sub-population of that species (and indirectly for the species itself at the expense of its peaceful segments). Insofar, there are important remnants of phylogenetic roots and parochial altruism as well as xenofobia.


== The History of Homicide ==
== The History of Homicide ==
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'''10. There will be one future for the Spartans and another one for the Helotes. Luxury and longevity for the former and misery in oppression for the latter.'''
'''10. There will be one future for the Spartans and another one for the Helotes. Luxury and longevity for the former and misery in oppression for the latter.'''
At present we are witnessing a renewed increase in deaths by political violence from above and below, including extrajudicial killings and social cleansing, terrorisms, and wars. With universalism (ICC) retreating, parochial altruism (in-group coherence) and xenofobia are drawing new moral boundaries between the Rich and Poor, Races, Nationalities, Cultural segments. The polarisation of income and life-chances begets its own violence to come. Groups will increasingly compete over key resouces, access to which will be scured also by weapons and aggression. With only one superpower, the world state (or empire) will make large-scale wars obsolete. Instead, there will be permanent world policing focussing on terrorist threats and the like.
While the criminal code condemns all murder, law-in-action follows a second code.
*Police can execute "bad guys" like [[Police killings]] Stephon Clark who can be considered to constitute a latent risk in a risky situation
*Police can execute suspected drug dealers (and users) - Philippines
The decrease of homicides over the course of history (Steven Pinker, The Better Angels of Our Nature) is an unquestionable fact.
From the legal perspective, the human being as such is basically a good and peace-loving citizen, but there are some individuals who for whatever reasons get out of control and have to be dealt with accordingly in order to protect the public peace, law, and order. This order is seen as something inherently peaceful and non-violent.


The Swiss paradise and the circles of inclusion. Rights for animals, too.  
The Swiss paradise and the circles of inclusion. Rights for animals, too.  
The polarisation of income and life-chances begets its own violence to come. Groups will increasingly compete over key resouces, access to which will be scured also by weapons and aggression. With only one superpower, the world state (or empire) will make large-scale wars obsolete. Instead, there will be permanent world policing focussing on terrorist threats and the like.


With living conditions worsening in relative and absolute terms for the majority, and with no economic function for it, misery and sporadic revolt wil be as common as violent police interventions in hotspot-regions of restless helotes with their reduced rights and conditions.  
With living conditions worsening in relative and absolute terms for the majority, and with no economic function for it, misery and sporadic revolt wil be as common as violent police interventions in hotspot-regions of restless helotes with their reduced rights and conditions.  
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see: [[Töten und Nicht-Töten]]
see: [[Töten und Nicht-Töten]]


For one thing, there is the religious taboo - "Thou shalt not kill" - very strong, very clear, and quite intimidating; and then there is the legal prohibition to kill, similarly strong, clear, and intimidating, considering that the sanction for violations of this norm are the most severe ones, and in some cases it is tit for tat - whoever kills must be killed.  
For one thing, there is the religious taboo - "Thou shalt not kill" - very strong, very clear, and quite intimidating; and then there is the legal prohibition to kill, similarly strong, clear, and intimidating, considering that the sanction for violations of this norm are the most severe ones, and in some cases it is tit for tat - whoever kills must be killed. - On the other hand, to be a human means to kill and to depend on killings. If to kill means to put an end to the existence of an organism, then we are all killers. We kill plants, like, e.g., trees, by chopping them to sell the wood and to make place for farm land, but we also kill plants by harvesting potatoes, cereals or other food-stuff. We kill animals mostly for producing food for us humans, and we kill humans for many reasons. We kill humans in self-defense and in anger, jealousy. We kill because of greed and hate, and sometimes people kill themselves. We also kill because we are told to do so, because we are members of a hierarchy, a cartel, a gang, a militia, a group of mercenaries, or regular soldiers. Add to this the killing of animals in slaughterhouses and the killing of trees and plants, and find out that the human animal is not as peaceful as it seems, but that the position on top of the food chain means to be a killer.
But how will a cool observer proceed? He will look at the exact meaning of the word "to kill", and she will then search for phenomena that fit this meaning. To kill, of course, means to put an end to the existence of an organism. We can kill humans, animals, and plants, not stones. We kill plants, like, e.g., trees, by chopping them to sell the wood and to make place for farm land, but we also kill plants by harvesting potatoes, cereals or other food-stuff. We kill animals mostly for producing food for us humans, and we kill humans for many reasons. We kill humans in self-defense and in anger, jealousy. We kill because of greed and hate, and sometimes people kill themselves. We also kill because we are told to do so, because we are members of a hierarchy, a cartel, a gang, a militia, a group of mercenaries, or regular soldiers.  
 
Add to this the killing of animals in slaughterhouses and the killing of trees and plants, and find out that the human animal is not as peaceful as it seems, but that the position on top of the food chain means to be a killer.
 
''' The reason why homicide is seen as something exceptionally bad does not even lie in the fact that it is the killing of another human being - i.e. an intraspecies act of aggression'''
 
It is true that human life has a higher value than other lives. This is not necessarily a natural order of things, but we have learned - since the stoneage revolution and the rise of monotheistic religions - to devalue the living environment of human life, and to cherish human life as having some innate higher value. Harari. In that sense, humans are behaving like a Band of Brothers. Against  the rest.
 
We could even explain why societies scandalize the loss of human life through homicides. Accidents and diseases also kill people, as do predators, but the killing of a human by another human seems avoidable and scandalous, since it undermines trust and the very conditions that have to be fulfilled to guarantee the very possibility of living together in one society. This is why the murder of one person is a crime not only against that individual, but against everyone. Kant.
 
On the other hand, there are so many other cases - cases not scandalized - in which humans kill other humans, that even this explanation of the scandalous nature of murder fails to convince.
 
While estimates are ranging all the way from one to three billion, it is an undisputable fact that the intra-species killing of humans by humans in wars has cost so many lives in the course of human history that it is simply impossible to maintain the thesis that what makes murder so exceptionally "bad" is the general respect for human life. And while there are many animals that would never ever kill other members of their own species, the human animal does not have such a barrier in his behavioral repertory. Military, mercenaries, militias, violent gangs, police, euthanasia physicians, and others do kill with a license to kill under certain conditions.
 
'''5. The reason why homicide is seen as something exceptionally bad resides in its disobedience with respect to enforceable group interests.'''
 
We are living in an age of ethical and moral universalism. We have the Universal Declaration of Human Rights, and universal claims of religions. But when we look at the moral boundaries between allowed and prohibited killings, we soon recognize that there are two different evaluations concerning killings. Killings in the name and interest of the collective are good and laudbale, but killings in just one's own selfish, egotistical interest are forbidden and scandalized.
 
Examples for moral boundaries along these lines:
*The Jain proscribe all killings, but when it comes to warfare, they require obedience to the commanders
*Intragroup killings are regularly considered reprehensible and severely punished. This goes for illegal groups as well as for legal ones. For PCC as well as BOPE.
 
6. While murder is dysfunctional for the collective, killing in coalitionary intergroup aggression including war is good for the survival of the dominant sub-population of that species (and indirectly for the species itself at the expense of its peaceful segments). Insofar, there are important remnants of phylogenetic roots and parochial altruism as well as xenofobia.
*Intergroup violence enhances survival chances of those best at it - developing over time both a strong parochial altruism and equally strong xenophobia.
 
At present we are witnessing a renewed increase in deaths by political violence from above and below, including extrajudicial killings and social cleansing, terrorisms, and wars. With universalism (ICC) retreating, parochial altruism (in-group coherence) and xenofobia are drawing new moral boundaries between the Rich and Poor, Races, Nationalities, Cultural segments. While the criminal code condemns all murder, law-in-action follows a second code. Definition. The second code is unwritten. It could be written after deciphering the distinctions made in reality. 
*Police can execute "bad guys" like [[Police killings]] Stephon Clark who can be considered to constitute a latent risk in a risky situation
*Police can execute suspected drug dealers (and users) - Philippines
 
The decrease of homicides over the course of history (Steven Pinker, The Better Angels of Our Nature) is an unquestionable fact. That is a good sign. Pinker's stages and causes.
 
'''A legal perspective on killing'''
 
Starting from the legal perspective on killing we find the law-abiding citizen who does not pose a legal problem, at least not in criminal law, and we find the disobedient citizen who violates a law by either negligence or intent or error of judgment and whom the law tries to lead back on the right track - if necessary, by some more or less benevolent sanctions. He might also be a denizen or a non-citizen or an outright enemy bent on destroying the community. In his case, the sanctions might be really severe punishments designed to incapacitate the offender and to neutralize or eliminate the danger flowing from him.
 
There are, of course, a lot of behavior types defined as criminal offenses - from property crimes to murder. The act of murder has always been considered a very serious breach of the very social contract, since it always entails the risk of retaliation and a spiral of violence endangering the very foundations on which social life is built. No wonder, then, that murder has attracted much attention in both theory and practice, and that the most spectacular trials are murder trials and the most spectacular punishments have always been the public judicial executions of murderers.
 
From its very beginnings, criminology has also been interested in - we can even say focused on - the phenomenology of murderers. Just think of Cesare Lombroso's criminal anthropology and subsequent works of etiological criminologists all the way to Robert Ressler's work on sexual homicide and the mutual interest of criminologists and the larger public in the phenomenon of serial killers, profiling, and the like.
 
From the legal perspective, killing are problematic to the extent that they are illegal. For legal scholars it is evident that prevention and prosecution of all kinds of Illegal killings - from manslaughter to first degree murder - must be done, and that the prosecution of homicide has to be a priority of criminal justice. From this perspective, the human being as such is basically a good and peace-loving citizen, but there are some individuals who for whatever reasons get out of control and have to be dealt with accordingly in order to protect the public peace, law, and order. This order is seen as something inherently peaceful and non-violent.
 
To a certain extent, we are all jurists, and we all believe that most people observe not only the letter of the law, when it comes to killing, but also the 5th commandment: Thou shalt not kill.
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