I could think of a dozen different ways they could take this guy prisoner without beating on him. He surrenders. Charm Person spell. Hold Person spell. Power Word Sleep. Pretty much any Charm type spell. Single human vs party=monkey pile grapple attack. Good grief, there are any number of ways.
And, let's not forget, in the example, he's caught red handed. He's got his hands inside the victim's chest cavity and has just murdered the victim. Guilt is pretty clear here. And, he really is guilty.
But summary justice isn't an option in your games. Which is perfectly fine. It just means that your players will almost never take prisoners. This is hardly a rare case. Most parties i've seen won't take prisoners for exactly this reason.
Why do you assume every game I might play or run to be identical? The question here is whether the Paladin (or the Lawful Good party, etc.) has the Lawful right to convict, sentence and execute a criminal. In some games, they may have that right by virtue of the game's premise (they are representatives of a legal system within the game world). In others, they may actively pursue and perhaps attain this status. In still others, they may be typical adventurers with no special relationship to the legal system. Where they stand in regards to their legal right to dispense justice determines the appropriateness of their actions.
[MENTION=42582]pemerton[/MENTION] regularly describes a situation in his game where the characters interrogated a prisoner before turning him over for lawful justice. The argument was whether, and to what extent, they would use their influence to mitigate the sentence likely to be handed down. At no point do I recall them ever considering just killing the prisoner and having done with it. That sounds like a much more interesting scenario than "well, we've got all the info we're going to get - "Prisoner, the verdict is guilty, the sentence is death, cut his throat and go through his pockets."
I find it funny though, that the paladin cannot dispense summary justice, even knowing that he is 100% in the right to do so, but, he can deliver up the prisoner to someone else who is going to execute the prisoner based on the Paladin's testimony. IOW, the paladin just has to leave the room and let other people do the evil stuff, and that's ok. Why is it justified that the magistrate can hang the prisoner but the paladin can't?
Funny...that is precisely how our justice system works. The police can gather evidence that is 100% proof positive, know that this vile scum deserves the death penalty under the law of their jurisdiction, but they must turn him over to the justice system, where their testimony will be used to convict and sentence the criminal. If they just kill him outright, they will be facing a trail themselves. The Rule of Law is why it's OK for a court to sentence someone to death, but not acceptable for a civilian, a police officer or a mob to do so on their own initiative.
Actually, strike that question. I'll ask another. Why is it okay that your interpretation must automatically over rule mine? Can you honestly not see that both interpretations are valid? If it's not okay for the paladin to execute the prisoner, then how can the paladin hand someone over for execution?
I can see that either can be valid. I cannot see both being valid simultaneously. The game will require a decision. Your characters may choose to pursue recognition and authority within the system and obtain the right to carry out summary justice. We may discuss the campaign beforehand and decide that the players want their characters to have that right, so we build the campaign around that. Or they may lack that right in this setting at this time. You seem to chafe whenever there is a ruling you don't like at that specific moment, so it hardly surprises me you don't like the idea that someone else gets to decide any detail of the setting whatsoever.
We come back, as we have many times before, to the lack of consistency when each player gets 100% freedom to define "lawful" or "good". Your character can carry out a summary execution. The question is whether taking the law into his own hands and taking the life of a helpless prisoner is considered Lawful and/or Good in this setting. Your character does not get to make that decision, any more than I decide it is OK to imprison my neighbour in my garage for three days because he ran his lawnmower at 7 AM on Sunday morning.
Now if the Paladin has been granted authourity to dispense summary justice then he's perfectly in line to kill the criminal he's caught in the act of murder.
And there we have it - depends on the setting. No hard and fast rule. We could even have a setting where it is expected that the PC's bring their enemies back alive to face justice, so having captured them, they are not allowed to cut their throats. Perhaps they are cast in the role of police officers, and their use of force subject to careful review.
The issue with killing prisoners is mainly this, unless a character is dead set on performing certain last rites before executing the prisoner, or going through some other process ("By the authourity of Bob you have been found guilty of murder and sentenced to death.") what is the point of taking them prisoner if you're just planning on killing them? Now if the character's goal is to question him before carrying out sentence for the crime he's committed that's one thing, but if they're just killing him because he's of no further use, or they don't want him interfering later, that's another.
A echo the question. What is the point? [MENTION=22779]Hussar[/MENTION] comments on the group "never taking prisoners". If the fate of prisoners is execution shortly thereafter, then I suggest the group does not actually "take prisoners", they just delay the final hit of the combat before killing their opponents and moving on.
Well, @jsaving said this above. And you implied it, I thought, in post 1570, in which you asked me whether I "believe that the dictators who purge their enemies and pursue genocide are sincere in their benevolence and professed love of the people".
So do you believe a dictator who ruthlessly purges his enemies and pursues genocide is a sincere, benevolent person who wants only what is good and right for everyone?
Are you saying that the American Revolutionaries were in fact Neutral, and neither Lawful (despite their admiration for the rule of law) nor Chaotic (despite their obvious moral and political individualism)?
I am saying I am not writing a thesis for my Ph.d. in gaming morality, and do not have an intention or a need to classify everything in the real world into game terms. I am also saying that a balance of Lawful and Chaotic means and values generally means Neutral with respect to Law and Chaos. Pure chaos is anarchy. Pure law is totalitarian. Some chaotic traits may still be Lawful if Law predominates, and vice versa. I'm not running a game of American Revolutionaries, so I have no need to assess the situation. For a game in a fantasy setting, I will likely not look for real world historical accuracy anyway.
The real issue is, should a character care that s/he is evil? Well, in the real world nearly everyone does. Very few wrongdoers defend their actions on the basis that they were wrong but justified. They argue that they were right. If we have to radical change moral psychology to make alignment work, why are we bothering? Why not work with a common-sense moral psychology (in which most people, rightly or wrongly, think of themselves as more-or-less good) and drop the alignment rules that cause the problem?
Do they care about being evil? If so, why would they actively pursue evil acts? Or do they care about being perceived as evil, which leads to the acts being committed and rationalized away?
I don't follow. In the situations @Hussar is describing the paladin is acting as a justiciar, and hence the killing is lawful.
Only if the Paladin has the lawful authority to act in that capacity. Lacking that legal backing, he is a vigilante, and the killing is not lawful.
It's not very strange to me. The PCs in question wanted to punish the prisoner for wrongdoing. So they capture him (using one of the many means that the game provides for such things), pronounce a verdict and then kill him.
Since you are so set on real world examples, show me how that works in the real world. I, and a few buddies, decide that the accused need not wait for a trial, so instead of calling the police to deal with the guy we caught red-handed (assumed for the sake of discussion), we string him up in the back yard. Are we Lawful because we say that was the right thing to do?
Assume we're not just gamer buddies, but police officers. Now is it OK? Or have we violated, rather than upheld, the law?
This is strange to me, though. The paladin serves the divinity. S/he does not depend upon temporal authority to exercise the power to dispense justice - that power is granted by a higher authority!
In which case we have a setting where dispensation of summary justice is acceptable. But this requires the higher authority grant that power. Perhaps that power is not granted in this setting.
Compare LotR - when Denethor asks Gandalf whether or not he (Denethor) has the power to command his servants, Gandalf rebukes him by saying that he does, but he has a duty to give proper commands. The lawfulness of his orders is not self-justifying - it is grounded in their conformity to higher law. Likewise for the paladin: it is the higher, divine law that is determinative.
The Paladin is not himself that higher authority, at least in my games. In yours, it seems he can decide that it is divinely vested in him to execute jaywalkers and litterbugs and since it's his character, he gets to unilaterally make that call. Maybe my character has it divinely vested in him to slaughter all those who Fate decreed should die but Fortune spared their lives, or to destroy those who dispense Justice based on Church rather than State, so it's OK for me to kill at random for the former, and kill the Paladin for the latter.
It also gives rise to genre problems. For instance, if dirty hands scenarios are really justified, then in my view it follows that paladins (and others who believe in providence) are fundamentally mistaken. Conversely, if they are not mistaken then Asmodeus is, in the end, self-deluded and not justified at all. I think it is very hard if not impossible for a fantasy RPG to walk both sides of this street (and that is why modernist fantasy like eg REH does not have paladins and clerics as characters, only wizards and warlocks of various stripes). Conversely, Tolkien - who is obviously a very strong believer in providence - treats all those who plead dirty hands as self-deluded and self-serving (see eg Saruman, Denethor and Boromir, though the latter redeemed himself in the end when the presence of the halflings provided a providential opportunity to do so).
Which genre? Are you assuming we are playing an REH and Tolkein game, or selecting between an REH and a Tolkein game? These two aspects of the genre do not appear reconcilable. Conan is a poor fit on Middle Earth, and Frodo would not fit well in Hyperborea. The setting will dictate some of these decisions, and the player must operate within the setting.