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
It is here that the _right of self-defense_ comes in. He who is violently
attacked, has the right to oppose to violence just as much strength as
there is employed against him. Otherwise, in allowing himself to be
knocked down by strength, he would consent to the abasement, to the
suppression of his own personality; he would in some respect be the
accomplice of the violence he is made to suffer. Some Christian sects,
straining this point, go so far as to condemn absolutely the right of
self-defense; they do not see that this would infallibly bring with it the
triumph of brute force, and the suppression of all justice. Such sects
may, to a certain extent, manage to exist in civilized societies; but the
principle is self-destructive, since not to resist violence is in some
respect to be its accomplice.
Yet, whilst admitting the right of self-defense, it is necessary to
recognize its limits. "This agent," says M. Renouvier, "whom the right of
self-defense treats as a brute, this being is a man, nevertheless, or has
been one, or may become such. Hence the doctrine of conscience is to admit
this right only when necessary, and not beyond what is necessary." (_Moral
Science_, Ch. LVI.) This is, to begin with, a natural consequence of the
duties towards one's self, since it is already a surrender of one's
dignity to be obliged to act in the capacity of a physical agent, and
renounce one's character of a moral person; it is also a duty towards
humanity in general, which is represented by every man, even the most
violent and the most uncultivated.
=26. Problems.=--The right of legitimate self-defense gives rise to a
certain number of problems relative to the law of homicide. M. Jules
Simon[17] reduces them to five: homicide in case of self-defense, penalty
of death, political assassination, duel, and war. In the first case it is
implied in what precedes, that legitimate self-defense may go so far as to
deprive another man of life; but only in case of absolute necessity.
There remain the four other cases, which are not all of the same order.
=27. The penalty of death.=--The penalty of death in these days has been
very much contested, and several States have tried to abolish it.[18]
The following arguments are brought to bear against it:
1. _The inviolability of human life._--The State, it is said, should not
give the example of what it proscribes and punishes. Now, it punishes
homicide; then it should not itself commit homicide.
2. The possible _mistakes_, which in all other cases can be corrected, but
which in this case alone are irreparable.
3. _Experience_, which, it is said, tells against it in certain countries
by proving that the number of crimes has not been increased by the
suppression of the penalty of death.
4. Finally, the _refinement of manners_, which can no longer bear the idea
of capital punishment.
No one of these arguments is wholly decisive.
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