International law; Natural law; War (International law)
The first thing, in a moral point of view, to be considered is, what
tendency the desired object has to produce good or evil; and, if the
former has the preponderancy, we are then at liberty to chuse it.--In
the second place, if it appears difficult to decide, whether the good
or the evil predominates, we may chuse the object, if, in the choice
and use of our means, we can give a turn to affairs, that may throw
the preponderance into the scale of advantage--or lastly if the good
and the evil bear no proportion to each other, nor the means, AT THE
FIRST VIEW, appear adequate to the end, if, in pursuing an object,
the tendency to good, compared with the tendency to evil be greater
than the evil itself when compared with the good; or if the good,
in comparison of the evil, be greater than the tendency to evil, in
comparison of the tendency to good,[57] we may decide in favour of it.
Cicero has treated these abstruse points in a more popular and pleasing
manner than abstract reasoning would allow. Applying all the beauties
of eloquence to elucidate moral truth, he says, "it is the height of
folly and presumption UNNECESSARILY to expose ourselves to dangers. In
encountering calamities we must imitate the conduct of physicians who
use gentle remedies with weakly constitutions. But in constitutions
of a stronger cast, especially, in virulent disorders, they must
have recourse to more powerful, though more dangerous expedients. In
the same manner, a skilful pilot would not attempt to face the wind
directly, but would tack about in order to avoid its fury."
VI. An example of evils, that ought by all possible means to be
avoided, is furnished by the consultations among the states of Gaul,
who, according to the account of Tacitus, deliberated, whether they
should make choice of liberty or peace. By liberty is here meant civil
liberty, that is, the right of governing themselves, and remaining
independent states; and by peace is meant such a peace as would prevent
the whole people from being exterminated, a calamity like that which
befel the Jews, when their city was besieged by Titus.
In such cases reason itself dictates the choice of peace, as the only
means of preserving life, which is the immediate gift of God, and the
foundation of every blessing. So that the Almighty, as we read in
his sacred volume, deems it a kindness, when instead of destroying
a people, he permits them to be reduced to slavery. Therefore he
admonishes the Hebrews, by the mouth of his prophet, to surrender to
the Babylonians, rather than to die by pestilence and famine.
What has been said of submitting to disadvantages, and some calamities
for the preservation of life or liberty, may be applied to every object
of dear value. As Aristides says, it is a moral duty in a storm, to
save the ship by casting overboard the goods, but not the crew.
Public-domain text, read in full here on John Shaqi.
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