Moral Philosophy: Ethics, Deontology and Natural LawRickaby, Joseph
Philosophy
Moral Philosophy: Ethics, Deontology and Natural Law
Rickaby, Joseph
Ethics
5. All property that can ever be immediately serviceable for saving
human life, is held under this burden, that a perishing
fellow-creature, who cannot otherwise help himself in a case of
_extreme need_ (c. iv., n. 8, p. 243), may make such use of the
property of another as shall suffice to rescue him from perishing
off-hand. If he draws largely on another for this purpose, he ought to
make compensation afterwards, if he has the means. This has been taken
for a piece of the primeval rock of Communism cropping up from
underneath subsequent human formations,--quite a mistaken notion.
There is no Communism whatever in the transaction. Up to the instant
when the needy man seizes the article that he requires to save him
from death, that article still belongs to the owner from whom he takes
it, who is bound in charity to give it to the needy party, but not in
justice. Extreme need does not confer ownership, nor dispossess any
previous owner: but it confers the right of taking what is another's
as though it belonged to no one; and in the taking, the thing passes
into the ownership of the new occupant, so that for the previous owner
forcibly to resume it would be a violation of justice. English law
does not recognise this right--properly enough, for with us it would
be made a plea for much stealing--but refers the destitute to the
parish. The law is considerately worked by the magistrates. A starving
man, who took a loaf off a baker's tray, has been known to be
sentenced to a few hours' imprisonment with two good meals.
6. As St. Paul says (2 Cor. xii. 14), "parents ought to lay up for
their children," that they in whom their own existence is continued,
may not be left unprovided for at their decease. The amount laid up
necessary for this purpose, ought not to be diverted from it. Thus
much at least Natural Law can tell us of the right of inheritance. And
concerning testamentary right these natural considerations are
forthcoming, that it adds to the desirability of property, that it
secures deference to the wealthy in their old age, and that the
abolition of it might be frustrated by an apparatus of confidential
_donationes inter vivos_, that is to say, making the property over in
trust before death. Further enlargement of the natural basis of
testamentary right may be effected by the judicious reader.
_Readings_.--Ar., _Pol_., II., v., nn. 1-16; De Lugo, _De just. et
jure_, vi., nn. 2-6; _ib_., xxi,, nn. 143, 144; Locke, _Of Civil
Government_, c.v.; _id_., _Of Government_, nn. 88, 89.
SECTION II.--_Of Private Capital_.
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