Can you murder a zombie?

Can you murder a zombie?

I wrote a post a while ago talking about zombies as the ‘other’ in response to a guest lecture by Dr. Troy Innocent. I also study law and I was thinking that if zombies are the ‘other’, what legal protections would they have? Can you murder a zombie? My thinking below.

  • Is it possible to murder a zombie?
  • Murder defined by Sir Edward Coke as: “…the unlawful killing of a reasonable person in being ……… with malice aforethought, express or implied.”
  • Is a zombie a ‘reasonable person in being’?
  • Zombie: A deceased human being who has partially returned to life in a near mindless state with no remains of emotion, personality, or sensation of pain. (Urban dictionary).
  • The Human Tissue Act (1982) s.41 (Vic) – deceased human being has either (a) irreversible cessation of circulation of blood in the body; or (b) irreversible cessation of all function of the brain.
  • Zombies are not deceased – There must be a cessation of ‘all function of the brain’ and a Zombie has ‘partially returned to life’.
  • Zombies exist in a near mindless state with no emotion, personality or sensation of pain and are therefore not ‘reasonable person in being’.
  • In Victoria, Zombies are not deceased and so can be killed, but are not ‘reasonable persons in being’ and cannot be murdered.

Feel free to trot that one out at your next dinner party Victorians.

 

Feature Photo by Kevin Dooley CC BY