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Eugene Volokh provides some much needed moral clarity regarding the murders in Afghanistan committed by Afghans enraged by Florida pastor Terry Jones’s decision to burn Korans: 

[A]s readers might imagine, I refuse to blame Terry Jones for the crimes, even in part. (I blame him for his largely pointless, non-substantive rudeness - as opposed to fair and substantive criticism of Islam, which would be perfectly proper - but that’s a different matter.)

I refuse to blame Salman Rushdie for the deaths, injuries, and property damage caused by people upset by his Satanic Verses (see here for some examples); I’m not sure how many of the deaths were of innocents as opposed to of the rioters, but I would likewise not blame him for deaths of innocents. Nor do I blame the Mohammed cartoonists for the deaths, injuries, and property damage caused by people upset by the cartoons. Nor do I blame the Indonesian man for the damage caused by church-burning rioters upset by his alleged blasphemy against Islam. Nor do I blame a woman who “provokes” her violent husband or boyfriend by leaving him - or even provokes him by saying insulting things about him, or for that matter by cheating on him - which then leads him to violently attack her family or friends or coworkers or anyone else. I think Terry Jones is in the same moral position as these people.

To be sure, all these people, including Jones, are factual causes of the deaths, injuries, and other damage. And they might even have foreseen that there would be a violent reaction to their actions. But that foreseeable risk of harm cannot constrain their liberty, either legally or morally. People are entitled to speak their mind. If their speech is unkind or irrational or similarly improper, it should be condemned on those grounds. But neither law nor morality can demand that they restrict what they do because of the murderousness of others. That’s as true of Jones as it is of Rushdie, the cartoonists, or the people who anger their violent ex-lovers.

Volokh’s logic is straightforward and easy to grasp. Murderers are culpable for murder — it’s that simple.  

View all comments (43) |

JP| 4.7.11 @ 10:43AM

From Afghanistan to Iraq to Egypt, Muslims fire bomb mosques, ambush funeral processions, and commit murder during religious services -sometimes quite violently. And in the process I am sure a few Korans get charred. And not a peep from the Imans.

jharp| 4.7.11 @ 11:38AM

And Charles Manson is innocent according to you dumbasses.

Occam's Tool| 4.7.11 @ 11:44AM

JHarp,

if I reacted to you calling me a dumbass by doing something violent, would you be to blame? Of course not. And, come to think of it, you have, personally, called me a dumbass, whereas I have praised you on more than one occasion...oh, well, pearls before swine...

I have had to do violence assessments in my time, and decision making capacity assessments, all the time. Your reasoning would not fly in any court that I know of, and I know quite a few.

Occam's Tool| 4.7.11 @ 11:46AM

Charlie Manson is guilty; and he's guilty despite being inspired by the Beatles' Helter Skelter. I'm not sure of your thinking, JHarp. Or with WHAT you use to think.

Ryan| 4.7.11 @ 12:01PM

I oppose what Jones did as to serving no GOSPEL purpose. It did nothing to show the Muslim world who Christ is nor what He has done, nor their state in sin nor the Hope for redemption. In fact, it probably did the opposite.

Muslims are not going to come to Christ because we burn Korans.

I believe that there are times - and often - that we need to call out Islam for what it is. However, that can be done plenty of times without endangering both Christians and US soldiers, which is what Terry Jones did.

Jonah| 4.7.11 @ 12:23PM

Charlie Manson and harp are both braindead Liberals.
Jones said he's received hundreds of death threats since the Koran burning, including a multi-million dollar bounty put on his head by Hezbollah.
Ah, the Religion of Peace strikes again!

Warrior | 4.7.11 @ 12:29PM

Mr. Lawler, I guess you are allright with yelling FIRE in a crowded theater, then the subsequent deaths can be blamed on the overzealous person attempting to exit the theater. If you burn a Koran knowing it would cause rioting and murder, then you have willingly incited the violence. Incitement of a riot in the US is a crime and it would be hard to believe as ignorant as this pastor may be that he does not understand that is not only morally wrong but a criminal offense.

jharp| 4.7.11 @ 12:32PM

Occam's Tool| 4.7.11 @ 11:44AM

JHarp,

"if I reacted to you calling me a dumbass by doing something violent, would you be to blame?"

If I called your wife an ugly stinking c*nt and you punched me in the nose I clearly share no blame.

Is that how it goes?

God you people are stupid.

Jonah| 4.7.11 @ 12:36PM

Harp is a perfect example of the Left today--worthless. What a waste of oxygen.

Jonah| 4.7.11 @ 12:41PM

Warrior, do you think Jones should be prosecuted for burning the Koran? How about the Bible?

jharp| 4.7.11 @ 12:45PM

Jonah| 4.7.11 @ 12:41PM

"Warrior, do you think Jones should be prosecuted for burning the Koran? How about the Bible?"

Of course not you idiot. There aren't any laws against burning either you big dumbass. And if one of your wingnut crazies did try to pass any such law it'd be declared unconstitutional in it's first test.

God you people are stupid.

Lorenzo Dow| 4.7.11 @ 12:45PM

Sometimes the truth is painful. Perhaps if the American colonists had understood that fighting for their freedom might cause a war, then should they have decided to remain subject to a madman on the throne of Great Britain?

CalMark| 4.7.11 @ 12:58PM

So Koran-burners are responsible for the violence of angry Muslims?

OK, let's turn it around.

Let's say conservatives were like Muslims. Let's say they had started rioting in the streets last year to protest Obama ordering the burning of Bibles (donated to soldiers) in Afghanistan.

Barack Obama would then be morally and criminally liable for the consequences. Right, libs?

Right?

Right?

jharp| 4.7.11 @ 1:07PM

"Barack Obama would then be morally and criminally liable for the consequences.

God you people are stupid.

No, he wouldn't be criminally liable you effing dumsh*t. He broke no laws.

And conservatives are exactly like Muslims. Both worship the same sky pixie.

W| 4.7.11 @ 1:17PM

Harpie, your question to O-Tool is revealing. you equate burning a book with a deliberate insulting verbal attack upon a woman. and you choose the most insuting verbal attack upon a woman. so this is what you and your lefty pals think of women? to burn a book is the same as attacking a woman?
I am sure OT can and will do a better job of responding to your moronic analogy.
maybe you are a muslim at heart, and have taken the koran to heart given your view of women, and your treatment of women as clearly shown by your attempt at reasoning by analogy. maybe you can review this with your lefty pals and post something original.
you are not just plain dumb, but disgusting.

Jonah| 4.7.11 @ 1:28PM

Harpy's mother should be held criminally liable for birthing the useless piece of cow-pie.
My question wasn't asked of you, moron troll. Buzz off.

You Fascist Democrats defend radical Islam and you both demand group-think of your followers, moonbat. You have more in common with them than we do.

Pelligrino| 4.7.11 @ 2:02PM

Actually (as perverse as it truly is), Terry Jones' actions serve as a very useful reminder to us: islam is not nor has ever been a _______ (I cannot say it, it is NOT a religion) of peace.

Peace and islam are incompatible.

A peaceful faith and those that devoutly (and lovingly) follow it, sometimes do the absolute incredible by not just turning the other cheek, but by befriending and loving the perpetrator of the evil.

Real faith doesn't seek victimization at the drop of a hat.

Particularly over things trivial.

Burn my Bible tomorrow and I'll be truly bothered and upset. But I'll ask God what I should do. The likely response? "Get down on your knees and pray for the man who did this." Yes, ask for grace and peace in his life.

And let him know that he is forgiven.

When a buffoon General Petraeus stands and apologizes or gets a top aide or SecDef Gates to phone up Terry Jones beseeching him to "Please, stop!!!" we see the lack of wisdom that exists in all top leaders of our land.

If you have not read the book about the rural Pennsylvania Amish parents and their behaviors after the October 2006 shooting of their 10 elementary age daughters, you should.

This is what real faith and belief is.

islam is not. islam is pure evil.

You could get Terry Jones to stop, personally confine himself in a state prison, rend all his clothes, shave his head, convert to islam ....

and there will still be another "provacative attrocity" against islam somewhere else on the globe. Another Teddy Bear named Mohammed, another cartoon, another 20-something radio personality like satirist Molly Norris (her "atrocity!" just one year ago), and ALL the stories like these: http://www.persecution.org/

Daily -- around the globe.

General Petraeus better get used to standing at the microphone and apologizing.

What a lousy man. An Army man? A man?

We have no real men at the national level -- througout the nation.

Jacobite| 4.7.11 @ 2:03PM

The Koran is a piece of crud, and ought to be destroyed whenever one is found. Mohammedanism is a scourge on civilized peoples, and has been, 24/7, for 1300 years. Faithful Mohammedans are at war with all infidels, everywhere, because Allah commands it in the Holy Koran. One goal of every civilized human being ought to be the eradication of Mohammedanism.

CalMark| 4.7.11 @ 2:11PM

Barack Obama's "fake people" to dog the blogs, cooked up with Facebook and other Leftie gazillionaires, are out in force. Amazing number of vicious, profane, hate-filled Democrat ("but I repeat myself," to quote Mark Twain) rants being posted by all the "fake people by committee" who lurk here 24/7.

Either that, or insane asylums are now providing internet privileges.

SoCon| 4.7.11 @ 2:23PM

Pelligrino--great post. I agree with your sentiments regarding "real" men at the national level, but I have faith in the basic decency and courage of most ordinary, everyday American men.

Good American men and women have always worked together to build our great nation and I truly believe we can still prevail. We have to.

CalMark| 4.7.11 @ 2:42PM

Pelligrino: great post.

The old saying goes: "A" people want "A" people for colleagues; "B" people want "C" people.

Good men can't survive on the national stage because the "C" people control media, industry, academia, and politics. In short, there's no place for good me to excel anymore; they somehow get destroyed.

We live in a "New Gilded Age." It will take a woman who wants to re-invite "A" men into worldly affairs, or an extraordinary stroke of luck (truly, we're due for one).

Keep praying.

MOS was 71331| 4.7.11 @ 2:55PM

I greatly respect General Petraeus, but his statement about Terry Jones was wrong. He should have directed all of his forces and contractors to kill any Afghanis apparently attempting to kill them and said "People in the United States, so long as they observe local fire prevention restrictions, are free to burn any book they own at any time and for any reason. Afghanis, deal with it."

Oldefarte| 4.7.11 @ 3:26PM

Have a one wordism/Sheenism for Harpie, you're......DUH, STUPID!!!!!!!!

Oldefarte| 4.7.11 @ 3:31PM

PS, Harpie, that 'sky pixie' will FRY YOUR DERRIERE when you pass on, so be prepared,moron!!!!!!!!!!

Thomas| 4.7.11 @ 3:48PM

I wonder what the above poster, Ryan would say to Jesus after he overturned the money changer's tables in the temple and then made a whip and drove them all out?

Jonah| 4.7.11 @ 4:05PM

If we keep backing up out of fear of/deference for Islam, it's just a matter of time before our backs will be up against the wall.

"The best defense is a good offense." No more backing up.

Ryan| 4.7.11 @ 4:40PM

Jesus turned over the money changers' tables for one reason - they were set up in the Court of the Gentiles in the Temple, and were blocking the access to the temple for gentiles to worship God, using it instead for a marketplace and not a place where they could find God.
HE was the One being insulted and HE was the One Who had full right and justness to act.

There is no parallel here between Jesus overturning the tables and a pastor burning the Koran.

PattyMor| 4.7.11 @ 5:03PM

The Florida Rev. did not incite anyone to violence, nor did he encourge it. The rampagers and their Imans are responsible for stoking hatred of Westerners. Just what is to be accomplished by killing unrelated people? Its intimidation pure and simple. If you don't do as I command you to do, I'll kill.

The Rev. has the freedom to burn anything he pleases. Its the freedoms that I refuse to give up. The rampagers can just stuff it. Read the Koran, its full of killing non Muslims or enslaving them.

jharp| 4.7.11 @ 5:08PM

Oldefarte| 4.7.11 @ 3:31PM

"PS, Harpie, that 'sky pixie' will FRY YOUR DERRIERE when you pass on, so be prepared,moron!"

My sky pixie is better than yours and he is going to burn you racist bigoted haters when you pass on.

Be prepared.

Hanover| 4.7.11 @ 5:32PM

Ryan, there's no parallel between a pastor burning the Koran and Muslims killing each other either. Grow a pair.

John 1:5| 4.7.11 @ 5:35PM

@ Ryan

Jesus was outraged at the evil. Christians are outraged by evil as well. That IS the issue. (parallel).

Warrior | 4.7.11 @ 5:47PM

Jonah, burning the Koran is not a crime. Incitement of a riot is. Under the law, since the riots and actions are in a foreign land, maybe there is no prosecution possible in a state court. However, knowing that Islam is to peace as Obama is to the truth, Mr. Jones knew what the eventual outcome was going to be. You can't claim to be a Christian and believe it is morally allright to commit a legal act that more than likely would lead to violence and death. I would argue you can't be Christian and bring pain and antagonize mourners of a fallen warrior either.

Hanover| 4.7.11 @ 6:06PM

Warrior, how do you know what Jones knew? Are you claiming omniscience now? Get off your high-horse.
Jones may be a fool, but I think it's ridiculous to say there's equivalency between Jones' actions and those of the Afghan mob.

You need to grow a pair, too.

Sheila| 4.7.11 @ 6:46PM

It's interesting how TAS and all movement republican sites are ignoring this woman, who provides the definitive response to the Koran burning and Lindsey Grahamnesty both:
http://www.youtube.com/watch?f.....eyrp-V3Jvc

No Sharia Law!| 4.7.11 @ 9:44PM

Lindsey Graham sucked before~ he sucks even worse now.
For him to say it was an act of violence to burn the stinking Koran makes him an enemy of freedom, and an enemy of the United states of America. He once again sides with the Left.
He actually WANTS Sharia law, then. It says you deserve the death penalty for insulting or "demeaning" Islam, right?
Shove it, Lindsey!

Sick and Tired of Hacks| 4.7.11 @ 9:55PM

Ryan says,
"I believe that there are times - and often - that we need to call out Islam for what it is. However, that can be done plenty of times without endangering both Christians and US soldiers, which is what Terry Jones did."

So then Jews (or anyone for that matter) who knew the evil that Hitler was shouldn't have spoken openly of his evil, or burned Mein Kampf.

The protesters of the Mosque at Ground Zero in NYC shouldn't have protested it, either, "knowing" it would cause the terrorists to commit murder?!

You and Warrior ought to get a room. Self righteous hacks.

Hanover| 4.7.11 @ 10:27PM

I hope they both grow a pair while they're there!

Warrior | 4.7.11 @ 11:38PM

Hanover, do just a few seconds of research and find out that this stunt was planned for last year and delayed until now. Read the pastors interviews and find out he knew exactly what he was doing through his own words. Provocation was his goal.

I know it's difficult, but if you try real hard you might find research and individual thought can assist in developing an informed decision.

Hanover| 4.8.11 @ 2:06AM

Your handle is a misnomer. You are not a warrior, you are a quivering bowl of jelly afraid of your own shadow. What you lack is courage, a virtue you can't acquire by reading a book.
Get it through your head right now; Pastor Jones is not a threat to our lives and liberty, but radical Islam is!

Each of us has free will, and burning the Koran is no excuse to kill another human being.

Stop giving the Afghan thugs a pass on murder.

Pelligrino| 4.8.11 @ 3:13AM

Sheila, thank you. I was unaware of what Ms. Ann B. has done. Wow! Can we get her to be our new Secretary of Defense to wage carte blanche war on global islam?

She's pure dynamite!

I particularly love how she takes Lindsey Flimsy Graham to task for ROE (rules of engagement) that cripple the decision-making, swiftness, and fighting of our troops. She's 100% correct about that.

She is a woman and an American in the pure, wonderful frontier spirit.

I just hope that -- despite her courage -- nothing occurs to her. These islam people are straight from Satan.

God in Heaven, please protect her. Yes, she'll be forever in Heaven. But we need her here still with us for awhile. She is proof of what real adult is supposed to be.

Warrior | 4.8.11 @ 3:17PM

Nice to see that in reality there is little difference between liberals and conservatives after all. Both groups have no interest in discussion of differing viewpoints and opinions and resort to mindless name calling in order to shout down any opposition. You ideologues keep meandering down clueless street, it suits your limited cognitive abilities.

Jon| 4.8.11 @ 5:08PM

In the meantime, we "idealogues" will protect and defend your sorry ass, yellow-belly.

Someone's got to do it because you're sure not up to the task!

Truth is King| 4.9.11 @ 5:58PM

Shove it, Warrior.

More Blog Posts by Joseph Lawler

http://spectator.org/blog/2011/04/07/moral-clarity-regarding-koran

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