Almost the whole world is agreed on the point that the Law does not
sufficiently protect honour. Positive Law evidently does not consider it
of such value as material possessions, for the defence of which it knows
itself to be qualified. But there are numbers of people whose honour is
dearer to them than their fortune, even than their life, and trembling
with indignation they see that a thief who steals their purse with a few
shillings is haled off to prison, while a slanderer who sullies their
honour either goes unpunished, or at most gets off with a fine, which
merely adds official insult to the injury. In this case the Law has
lagged so far behind Morality that individuals try of their own accord
to bridge the gulf without counting on the intervention of the
community. For aspersions of their honour the masses take revenge with
fists and cudgels, often with bloody results; and among the elect they
resort to duels with lethal weapons, a preposterous proceeding due to
desperation, and a bitter indictment of the prevailing laws. It is a
deed of self-help, like the formation of a vigilance committee among the
anarchical throng of a lawless rabble. Hardly to be justified on
reasonable grounds, it is intelligible from the point of view of
historical tradition, and as a survival of dim and primitive ideas. In
early days a properly regulated duel was an ordeal showing the judgment
of heaven. It was the general conviction that God would give victory to
the right and crush the wrong. When human Law failed, the injured party
appealed to the source of all Law and placed his cause in the hands of
the Almighty. From this point of view the duel is no unsuitable means
of preventing plots to evade the law. Even if the injured party is
inexperienced in the use of the weapon, even if his opponent is skilled
and vastly his superior, he need not worry, for God fights on his side.
Therefore he is more sure of success than if he entrusted his cause to
fallible human judges. But from the moment that the duel ceases to be
regarded as a means of arriving at the verdict of God, nothing can be
urged in its defence, and that it nevertheless persists is a fact that
can only be accounted for by the inadequacy of the current laws.
Public-domain text, read in full here on John Shaqi.
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