(From Fraggle): "I make an exception for a terrorist because his buddies will capture twelve of our people and demand that we trade him for them."
Well, if you can make exceptions, then so can others, right? And so I propose the "exception" that anyone convicted of murder should be executed. Or surely ye're not saying that only YOU can make exceptions, are you???
I'm not literally
making the exception because I don't have the authority. I'm simply offering the opinion that this is one of the rare cases in which a civilized people can allow one person to kill another without weakening the structure of civilization itself. I know you have no respect for the concept of civilization (that's why you live in the backwoods of New Guinea with no car, computer or medicine) so I won't pester you with any further arguments on that subject which you will find pointless.
Others can also propose exceptions of course but only those with the authority to enact and enforce laws can
make exceptions to them.
The rationale behind my suggestion is merely the practical application of situational ethics. I believe that civilization is best served by incarcerating even the most heinous criminals. The only reason to execute them instead is that we're unsure of our ability to keep them incarcerated
and that the probability is too high that if they get loose they'll repeat their crime. With a member of a terrorist organization both of those conditions are met. They will take hostages and force us to release their buddy, and assuming he's the typical Muzzie Fundie he will commit further acts of terrorism.
Or... We'll refuse to negotiate with terrorists like the Israelis and we'll succeed in keeping him in prison, but then his buddies will execute the hostages. Either way, we've damaged the structure of civilization by creating a situation in which further murders are virtually inevitable. The only way to avoid that is to kill the prisoner. As evil as that is, it is preferable to the greater evil that will follow from not killing him.
Situational ethics. The real world requires it. Religions can't accommodate it. One of the many reasons why religions are bullshit.
I see no rationale, situational ethics or otherwise, to justify the exception you propose. I do not believe that civilization will be better off if we allow the government to kill people in revenge. Furthermore I believe that it is impossible for the government to be 100% certain of a convict's guilt, therefore there is always a finite chance that they'd be executing an innocent man. It is a hallmark of civilization to believe that it truly is better to allow a hundred--a thousand--guilty men to live than to kill one innocent man, so long as those guilty men are not allowed to commit more murders. Perhaps if it gets up to ten thousand or a hundred thousand, then we can talk. At some point an innocent man will be more likely to be killed by a bee sting than an erroneous execution and situational ethics will have to kick in again.
Sorry I didn't respond sooner. I was back home in California, where the left-liberals are just as annoying to a Libertarian as you conservatives are.