Essays In Pastoral MedicineWalsh, James J. (James Joseph)
Religion
Essays In Pastoral Medicine
Walsh, James J. (James Joseph)
First aid in illness and injury; Medicine
2. It is, however, lawful _indirectly_ to kill a man provided this
man is an unjust aggressor. Cardinal de Lugo (_De Just. et Jure_,
10, 149) and others hold you may even _directly_ kill an unjust
aggressor. _Indirectly_ here means incidentally. An effect happens
indirectly when it is neither intended as an end nor a means, but
happens as a circumstance unavoidably attached to the end or means
intended.
We may not, however, kill an innocent man even indirectly, because no
end is proportionate to the sacrifice of an innocent man's life, but
the case of an unjust aggressor differs from that of an innocent man.
By an unjust aggressor is meant some one that outside the due course
of law threatens your life or the equivalent of your life, or the life
of some one you should or may protect. You may stop such an aggressor,
and if you happen to kill him while trying to stop him, there is no
moral wrong involved. This aggressor may be formally or only
materially unjust: he may be a normal man with a formal intention to
kill you or your ward, or a murderous lunatic that tries to kill you
or your ward, but he must be _unjust_ either formally or materially.
It is natural for every being to maintain itself in existence, to
resist destruction. This is a primary law of nature. As Father Holaind
well said (_Amer. Eccl. Rev._, January, 1894): "The ethical foundation
of self-defence is this: Justice requires a sort of moral equation,
and if a right prevails it must be superior to the right which it
holds in abeyance. At the outset both the aggressor and his intended
victim have equal rights to life, but the fact of the former using his
own life for the destruction of a fellow man places him in a condition
of juridic inferiority with regard to the latter. If we may be {19}
allowed so to express it, the moral power of the aggressor is equal to
his inborn right to life, less the unrighteous use which he makes of
it, whilst the moral power of the intended victim remains in its
integrity and has consequently a higher juridic value. When the person
assailed cannot defend himself, his right _can_ and sometimes _must_
be exercised by those who are bound in justice or charity to protect
the innocent. At the dawn of human life the physician or surgeon
stands as the natural protector both of the mother and of the child;
he is beholden to both.
"The right of self-defence is not annulled by the fact that the
aggressor is irresponsible. The absence of knowledge saves him from
moral guilt, but it does not alter the character of the act,
considered objectively and in itself; it is yet an unjust aggression,
and in the conflict, the life assailed has yet a superior juridic
value. The right of killing in self-defence is not based on the ill
will of the aggressor but on the illegitimate character of the
aggression. Now, an aggressor is _at least materially unjust_ whenever
he perpetrates an act destructive of the right of another."
Public-domain text, read in full here on John Shaqi.
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