[quote]BostonBarrister wrote:
Necrophilia: Mala prohibitum or mala in se?[/quote]
Mala fastidiosa. With one proviso.
In my estimation, murder (and Lixy, I don’t consider killing in self-defense to be murder) and rape are the only unambiguous mala in se on my list, inasmuch as I define an MIS as an unjustifiable act that causes irreparable harm to another human being.
We kill animals with impunity, because they are tasty. Unless one is a PETA member, this is not generally considered murder, because the victim is not human. If an animal kills a human, however, we ruthlessly pursue that animal and exact the ultimate penaly for its crimes. It would be no defense for the animal to claim that the human in question was tasty, even if it were possible for the animal to claim such. Moral relativism again: a different set of moral standards for humans and for non-humans.
Similarly, sex with an animal is generally not considered rape, even though in most cases it would be hard to prove consent (Thunder’s twinkly-eyed ewe to the contrary) Bestiality is icky to people who don’t do it themselves, but to my way of thinking, it is far below rape of a human on the sliding scale of evil.
As an aside, there was a case of a Dayak woman in Borneo raped by an adult male orang-utan, but generally this kind of animal-on human rape is extremely rare. Female-on-male interspecies sexual harassment is not unheard of: female orangs have been known to present themselves to human males, even rubbing their genitals on the man’s body and face. Female dolphins do the same thing, and far more aggressively: they have prehensile labia that can grab and hold you like a vise.
Now, if the human male was similarly inclined, I would not consider these couplings to be rape. And no, I am not speaking from personal experience here. I prefer human females, thanks.
Now, back to necrophilia: a corpse is an ex-human. That which made it human (call it soul, spirit, life-force, whatever) is no longer there. It is, for all intents and purposes, a piece of meat. In our culture, it is distasteful (no pun intended) to eat a corpse, but it does the person no further harm if he or she is already dead.
Similarly, to copulate with the dead is supremely disgusting, but the corpse is, by definition, beyond suffering. Think of it as a stinky, clammy RealDoll.
However, here’s the proviso: actively hunting and killing other humans expressly for the purposes of eating and/or copulating with their corpses is, to my way of thinking, an MIS of greater magnitude than either murder or rape.