We can't legally say "you can kill people under these subjective circumstances" because then people will abuse whatever loophole we leave open and make a whole entire fucking mess of nonsense.
But we get it, and so we don't hold them nearly as accountable or deserving of punishment if at all. We don't need the law to handle this, because we as a Western people were enlightened enough at some point in the past to handle Juries of our peers to make obvious choices like that.
Well that's the entire point ain't it?
We can't legally say "you can kill people under these subjective circumstances" because then people will abuse whatever loophole we leave open and make a whole entire fucking mess of nonsense.
But we get it, and so we don't hold them nearly as accountable or deserving of punishment if at all. We don't need the law to handle this, because we as a Western people were enlightened enough at some point in the past to handle Juries of our peers to make obvious choices like that.