Elements of Morals: With Special Application of the Moral Law to the Duties of the Individual and of Society and the StateJanet, Paul
Philosophy
Elements of Morals: With Special Application of the Moral Law to the Duties of the Individual and of Society and the State
Janet, Paul
Ethics
"Behold in what way, in the order of justice, the life of man is
disposed of; let us see now how _you_ dispose of it.[16] In your new
laws there is but one judge, and this judge is the offended party. He
is at the same time judge, accuser, and executioner. He seeks himself
the death of his enemy; he commands it, he executes him on the spot;
and, without respect for either the body or soul of his brother, he
kills and damns him for whom Christ died; and all this to avenge an
affront, or slander, or an insulting word, or other similar offences
for which a judge, although clothed with legal authority, would be
considered a criminal if he should condemn to death those who had
committed them, because the laws themselves are very far from
condemning them."
Finally, gathering into one word all the evils which homicide comprises,
Pascal ends by saying "homicide is the only crime which at the same time
destroys the State, the Church, nature, and piety."
=25. The right of self-defense.=--None of the foregoing principles would
present the shadow of a difficulty to any except those who are nearer the
brute than man, if it were not for an apparent exception to the rule,
which is the _case of legitimate self-defense_. To understand properly the
solution of this question, it is necessary to examine carefully the nature
of the relations which bind men to each other.
Every man is a _moral person_; that is to say, a free being, and for that
very reason inviolable in his dignity and in his rights. He is, as Kant
says, an _end to himself_, and should not be treated as a _means_. The
things of nature are to us but means to satisfy our wants; we may
therefore mutilate and destroy them, not as our whims may dictate, but as
our wants require. Thus can we cut the finest trees of a forest to make
fire of, or for furniture. We even claim a similar right over animals,
although it may, perhaps, not be so evident. But we have no such right
over man. We can neither mutilate nor destroy him for our use.
And, in fact, to destroy or mutilate through sheer force a member of
humanity, is to apply to him the law of compulsion, which is the law of
physical nature, and which without reserve governs all physical
phenomena: it is to make of man _a thing of nature_, to see in him the
body only, and ignore the soul.
The consequence of such conduct is evident: it is that whosoever employs
against another the law of compulsion means thereby that he does not
recognize between himself and other men any other law but that. Treating
them as if they were purely physical agents, he gives us thereby to
understand that he recognizes himself, and expects to be treated, as such;
he means to take advantage of his strength as long as he is the strongest,
but gives us to understand thereby that he is satisfied to submit to
strength if he is the weaker.
Public-domain text, read in full here on John Shaqi.
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