actually I just realized my answer with next-to-no-thought lmao.
P1 & P3 are equally guilty of murder.
P1 should be sentenced to the punishment for murder, augmented in light of the malice aforethought involved in hiring an assassin.
P3 should be sentenced to the punishment for murder, augmented in light of the greedy disregard for life.
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reasoning
in my view, intentionally bringing about the death of another via violation of their innate right to not-be-killed (a definition which, intentionally, excludes actions like self-defense) defines a subset of the actions I'd call "murder". (it's a fuzzy definition that I could hone to higher definition but I feel no need here and I'm lazy)
murder is immoral and should be [remain] criminalized (within the bounds of applicable epistemic standards — one may be guilty of murder without having met any reasonable or coherent hypothetical legal standard for such). in this example, Person 1 ("P1") murders P2 by hiring P3 to execute the execution.
we can see that they are equally guilty of the act of murder through comparison to parallels.
- if PX intentionally, repeatedly, inserts & extracts of a portion of steel into PY's chest, perforating PY's heart such that it stops beating, PX is guilty of murder. that PX used an implement to effect the murder is immaterial.
- if PX intentionally bails out of a car that is left heading, driverless, on a course where it will run over PY, then PX is guilty of murder. that PX used an implement that didn't require his continuous, active intent to effect the murder is immaterial. if, after bailing out, PX immediately realizes his error and begins running after the car, making all possible effort to avoid the murder he'd set in motion, but fails, PX is still guilty.
- if PX works in a dangerous industrial environment, and removes a safety lock-out for a machine in which PY is working, such that PZ comes and turns on the machine, killing PY, PX is guilty of murder. that the final impulse of human will effecting the death of PY belonged to PZ instead of PX is immaterial
notable aside:
if PX works in a dangerous industrial environment, and, instead of manually removing a safety lock-out, by complete chance notices that PY failed to properly lock-out their own work environment such that, when PZ comes to turn on the machine, PY will die, PX will be guilty of murder. that PX took no positive action to bring about what was PY's impending death is immaterial.
however, this can only be morally condemned, and cannot be legally condemned. so-called Good Samaritan laws are virtually always wrong-headed as far as I can tell.
aside to the aside—this does not morally preclude justice being enacted as if in a tribal village, where the nuances of individual cases are given more careful consideration and thus can afford the case-by-case evaluation that must occur to allow for, shall we say, a guilty verdict
- if PX works in a dangerous industrial environment, and , and then, with personal assurances, beckons PZ come remove the safety lock-out for a machine in which PY is working and turn on the machine when no one would otherwise have done so, killing PY, PX is guilty of murder. that the final impulse of human will effecting the death of PY belonged to PZ instead of PX is immaterial.
- and finally, if PX beckons PZ to come and murder PY, and PZ does so when they would demonstrably not otherwise have, then both PX & PZ have committed murder. that the final impulse of human will effecting the death of PY belonged to PZ instead of PX is immaterial.
while you can build the rest of the argument for yourself — I just encountered a problem while writing the last one…
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I REALLY need to go to work so I can't build this out so I'll let y'all take it and run with it for the time being, but: how tenuous can the causality be before it ceases to be strong enough to support culpability?
- am I, in the crowd of a street brawl screaming "kill him", guilty of murder? what if the actual murderous brawler wouldn't have hit quite as hard or as many times without the jeers?
- am I guilty of murder if I know that the meter man comes to check the meter at a random time once a decade when I throw a bucket of knives out the window that's a story above the meter and it JUST HAPPENS to be the day he's there, at the exact time? what if he comes once every year instead of every decade? month? day? once every minute?
- am I guilty of murder if I give birth to someone who grows up to murder of someone?
I have ideas to answer all of the above, but like I said, gotta go