No, because Batman just isn't that kind of anti-hero. That's why villains such as the Joker and Penguin are so effective against him, because they have the resources to defeat the established "law" in the corrupt city of Gotham, where the mob and super villains run most of the city. Batman's world is worst-case scenario for police corruption and perversion of justice, and, no, killing wouldn't make sense in this setting, because he is supposed to be cleaning up corruption while proving to the city that a vigilante can work WITH the law. If Batman makes himself judge, jury, and executioner, well there's no point in his crusade; in the eyes of the police, he would just be another criminal who needs to be stopped. That's one reason why the Joker constantly taunts Batman with the proposition of killing him; he knows that if Batman crosses that line, he'll be just another murderer in the eyes of the law. In one comic, even the Specter wouldn't punish the Joker, because he saw that the villain really wasn't in control of his actions, which is probably the state of a large portion of Batman's rogues gallery. They're all products of the corruption all around them.
Bob Kane created a Batman that was like a Shadow knock-off; he killed criminals and pretty much considered himself above the law. That version of Batman did not last very long, though. Later, Bill Finger created a Batman with the moral code he has today, more or less, and he was quite a success. Also, the Injustice story line, where we might get Batman vs. Superman, explores this idea where a tyrant superhero, in this case Superman, takes the law in his own hands and establishes a dictatorship. Batman fights him on it because it isn't true freedom, and Batman believes in true freedom, even though it may mean that people will make the wrong choices with it. Batman should not kill his foes outside of the law because that would defeat the purpose of his crusade against injustice. He would just be another criminal tyrant, and since he has so much power within the Justice League, he could easily create a dictatorship and rob people of their freedom.
What's the danger there? People who aren't free are going to be easier to control, not only by the superheroes but also by the villains, and in Batman's world, there are always villains who are too smart, too slick, or just too overpowered to be killed by anyone, including Batman. There's Brainiac, for instance, who is basically a sentient robot and can be rebuilt after he's destroyed, and of course there is Lex Luthor who commits most of his crimes within the law and with the support of public opinion.
So, no, Batman should not break his no killing rule. It's part of what makes him Batman.
If you want to read about anti-heroes who kill, read Harley Quinn, Red Hood and the Outlaws, or some of the Marvel Deadpool or Punisher comics. These anti-heroes have a more shallow "black-and-white" view of justice, whereas Batman acknowledges there are sometimes murky shades of grey.
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