Roughly:
- To murder is to intentionally kill a juridically innocent person.
And:
- To steal is to intentionally appropriate something that belongs to another.
Here, I am bracketing questions of special divine authorization, starving persons taking food for themselves, etc. Instead, the question I am interested in is this: What is the scope of “intentionally” in the two accounts?
There are killings where the killer intends to kill a juridically innocent person. For instance, a particularly evil terrorist organization or invading army may specifically choose to kill children in order to more effectively terrorize their enemy by killing the innocent. Similarly, someone might rob an enemy not just in order to have the enemy’s goods at their disposal, but may do so maliciously in order to dispossess the enemy of something the enemy owns.
But in many cases, the juridical innocence of the victim is not a part of the murderer’s reasons. Suppose Alice kills her rich uncle Bob in order to inherit his property. If it turned out that Alice was an agent of the state and Bob a guilty party whom Alice was supposed to kill, Alice’s killing Bob would serve the end of her inheriting the property just as well. Thus, Bob’s juridical innocence is not relevant to Alice’s reasons.
In fact, even Bob’s personhood may be irrelevant to Alice’s reasons. Imagine that Bob snores so loudly that his neighbor Alice can’t sleep. So Alice fills Bob’s apartment with chlorine gas. If it turns out that Bob is just a dog, Alice was still successful in her action. Thus, Alice’s intention need only have been to kill Bob, not to kill a person.
Similarly, often a thief is interested only in acquiring some item but does not care about dispossessing its rightful owner. Imagine that when Alice is turned away, Bob swipes the apple that was lying in front of her and eats it because the apple looks so delicious and not out of any malice towards Alice. If it turned out that the apple did not belong to anyone, Bob would still have fulfilled his intention, because his intention was to appropriate the apple. Bob may have thought that the apple belong to another, but the fact that the apple belonged to another was irrelevant to his intentions.
In particular, it follows that while a murderer or a thief has to intend to kill or appropriate, they need not intend to murder or steal. And if to attempt to ϕ entails intending to ϕ, as seems plausible, it follows that a murder or theft attempt need not be an attempt to murder or steal. For the the attempted murderer or thief, just as the actual murderer or thief, need not intend murder or theft, but may simply intend to kill or appropriate, while believing, correctly or not, that the victim is innocent or an owner, respectively.
It seems more precise to say:
To murder is to intentionally kill someone whom one believes to be a juridically innocent person.
To steal is to intentionally appropriate something that one believes to belong to another.
But I think that’s not quite right. If Bob takes the apple that he thinks belongs to Alice, but the apple is ownerless, then Bob hasn’t stolen. And if Alice kills Bob whom she believes to be a person but it turns out that Bob is a dog, then Alice hasn’t murdered. In both cases, the agent has done something wrong, something morally on par with theft or murder, respectively, but the thing wasn’t theft or murder.
Here is another suggestion:
To murder is to intentionally kill someone who actually is a juridically innocent person.
To steal is to intentionally appropriate something that actually belongs to another.
But I am inclined to think that’s not right, either. If I take your pen thinking you’ve given it to me, I haven’t stolen. And if Carl intentionally kills Dave while thinking Dave to be a deer and not a man, Carl hasn’t murdered.
Perhaps we need to combine the above two suggestions:
To murder is to intentionally kill someone whom one correctly believes to be a juridically innocent person.
To steal is to intentionally appropriate something that one correctly believes to belong to another.
This is my best bet. But I don’t like its messiness. (Note that replacing “correctly believes” with “knows” will narrow things too much. If I take what I correctly believe to be your pen, but my reasons for believing that the pen is yours are fallacious, I am still a thief.)
