Negativland said:
This is contradictory. Property rights must be 'inviolable', yet you say there is justified theft (where a person takes their basic needs) - this violates property rights no less than 'greedy' theft. So in fact you don't think property is an absolute right. Property holders have a duty to give up their right in certain circumstances. The ethical test is 'greed'.
I should clarify something the original post perhaps did not make clear: those were separate, not complimentary, arguments. As I said at the beginning, I personally don't hold consiquentialist views, but will provide consiquentialist arguments to avoid pointless tangents. Apologies for any confusion.
If I go with inviolable property, the starving mother would have to be convicted of theft, but her extenuating circumstances might grant her an absolute discharge or else the most minor punishment (such as paying back the cost of the stolen property when she has the means).
Alternatively, if I define theft as acquisition without payment
combined with two moral failings, she's not guilty; not because she hasn't attacked property (she has) or deceived its owner (again guilty) but because it wasn't combined with greed. Theft is still absolutely wrong but, thanks to the definition, property isn't absolutely protected. (Although as good as, I'd like to know the last time the mythical starving mother genuinely stole for her children.)
Premise number one is, to my knowledge, the actual legal position (although the ridiculous Human Rights Act may have changed it) but premise two would seem more in the spirit of the law. (Necessity can be grounds, amongst other things, to justify the possession of dangerous drugs.) This is one of the reasons I don't like consequentialism: it fits very badly with the absolute morality I feel is essential to an ordered and just society.
So is greed an absolute wrong, or only when combined with 'deception' and 'assault'? How do you define a greedy act?
An emotion can't be absolutely wrong in isolation; neither can it be wrong to exercise a "bad" emotion in a way that affects only yourself. (I'm not getting into moral judgements about emotions: it's the combination of circumstances that make greed the crucial component in this circumstance.) So yes, it must be combined with deception and assault (on property integrity).
I'm using "greed" a strictly technical sense, so stripping away religiose value judgements, I take it simply to mean excessive desire. If you are not going to starve (or freeze to death, etc) then your desire is excessive (to your survival needs) and thus your action is no longer self-defence.