Elements of Morals: With Special Application of the Moral Law to the Duties of the Individual and of Society and the State — John Shaqi
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
we hear every day the eulogy of Charlotte Corday. The guiltiness of
the victim does not legitimate the act of the murderer. It is both
unwise and criminal to furnish hatred with such excuses."
=29. The duel.=--Does the duel come under the head of legitimate
self-defense? No; whatever custom and prejudice may say in its favor.
1. We must first lay aside without discussion all duels bearing on
frivolous causes, and they are the largest in number.
2. In many other cases reparation may be obtained through the law, and
prejudice alone can prevent having recourse to it. If I am willing to have
recourse to law in a case of robbery, why should I not appeal to this same
law when my honor is attacked?
3. The duel is an absurd form of justice, because it puts the offender
and the one offended on the same level. It is not the guilty one that is
punished; it is the awkward one.
4. Social justice has degrees of penalty in proportion to the gravity of
the offense, and is applied only after a very severe examination. The aim
of the duel is to apply to very unequal offenses one and the same penalty,
death (Jules Simon, _Le Devoir_, IV.), or if there are any degrees, since
it does not always result in death, these degrees are the effect of
chance. Finally, if in a duel the parties agree to use skill enough to
hurt each other as little as possible, is it not as if they confessed to
the injustice and insanity of the proceeding?
5. The duel had its origin in superstition: in the _Combat of God_, in the
belief, namely, that God himself would arbitrate by means of the combat,
and give the victory to the innocent and strike the guilty.
6. The duel is a homicide or a suicide. It is, therefore, contrary to the
duty towards others and the duty towards ourselves. Finally, the duel is
contrary to the duty towards society, which forbids each to be his own
judge.
J. J. Rousseau, in the _Nouvelle Héloïse_, has written on the duel and
suicide (see further on, Chapter xi.) a letter often quoted, of which we
will briefly give the principal passages.
1. One must distinguish between real honor and apparent honor:
What is there in common between the glory of killing a man and the
testimony of a righteous soul? What hold can the vain opinion of
others have upon true honor, the roots of which are in the depths of
the heart? What! the lies of a slanderer can destroy real virtues? Do
the insults of a drunkard prove that one deserves them? And can the
honor of a sensible man be at the mercy of the first ruffian he meets?
2. The use of force cannot be a title to virtue:
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