DanArmak comments on Harry Potter and the Methods of Rationality discussion thread, part 10 - Less Wrong
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I'm sure Harry wouldn't want to extirpate the whole House, which includes Draco. Just killing Lord Malfoy (and any servants who happened to be near) is enough collateral damage that Harry wouldn't seriously consider it if Hermione isn't facing outright death herself.
Besides, I'm pretty sure there are other branches of the Malfoys that would inherit the title. Draco mentioned an uncle or some other relative not in the line of succession who used to visit him at least a few years ago.
Even better- That uncle will likely want the title, so Harry just needs to bargain with him.
"If you get the title, you'll drop all charges, right?"