The Human Body Shield
نویسنده
چکیده
A GRABS B TO USE as a shield; A forces B to stand in front of him, and compels him to walk wherever A wishes. A then hunts C in order to murder the latter by shooting him. C also has a gun. Is it legally permissible for C to shoot at A in self defense under libertarian law? Were C to do so he would have to kill B, the innocent shield, in order to defend himself against the perpetrator, A. Assume that this tableau takes place on unowned property, so that the issue of the owner’s rules does not come into play. The first answer that comes to mind is that it is not. After all, B is a completely innocent person, and, seemingly, the non aggression axiom of libertarianism was meant to apply to cases precisely like this one. This axiom states that it is illicit to initiate aggression against any non aggressor, and B, by stipulation, is a non aggressor. There are no exceptions to this general rule. Thus, it is difficult to see how C shooting B to get to A can be reconciled with libertarianism. This perspective is buttressed by the following assumption. Posit that B has a guardian angel floating just above him at all times. This heavenly creature is also armed. For some reason he is powerless against A, the real bad guy, but stands ready to plug anyone else, such as C, should the latter prove to be any threat to his client, B. It would appear from these considerations that C, another entirely innocent person, is doomed, at least under libertarian law. If C cannot shoot back at A, A will murder C.
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