20 - Homicide

Summary

In the remainder of this section we concentrate on criminal laws which directly address those who cause death unlawfully. We have already examined many of the areas of legal regulation which touch upon and help to construct the broader social meaning of violence. In Section II we saw how public order laws invoke a wide conception of violence, and how they interact with non-fatal offences against the person. In Chapter 15 we looked at sexual violence in the context of personal autonomy. This section has built up a picture from many facets, ranging from domestic violence to safety on the roads and at work. In relation to each, what might otherwise be regarded as examples of unlawful violence are subjected to systems of enforcement and, in the case of road traffic and workplace deaths, a system of substantive law, which runs parallel with that of traditional homicide offences. Even when we turn to unlawful homicide, this process of construction continues, as can be seen when medical practitioners make decisions not to treat or to withdraw treatment. Before turning to the law of homicide, a basic question needs to be asked – is killing wrong?

Is killing wrong?

Many people would claim that the principle of sanctity of life is absolute. Sorell, below, gives a general introduction to some of the difficulties of holding such a position (cf. Dworkin 1993, quoted in Chapter 17.b.i.).