International law; Natural law; War (International law)
Thomas Aquinas, if taken in a right sense, has justly observed, that in
actual self-defence no man can be said to be purposely killed. Indeed,
it may some times happen that there is no other way for a person to
save himself, than by designedly doing an act, by which the death of
an aggressor must inevitably ensue. Yet here the death of any one was
not the primary object intended, but employed as the only means of
security, which the moment supplied. Still it is better for the party
assaulted, if he can safely do it, to repel or disable the aggressor
than to shed his blood.
V. The danger must be immediate, which is one necessary point. Though
it must be confessed, that when an assailant seizes any weapon with an
apparent intention to kill me I have a right to anticipate and prevent
the danger. For in the moral as well as the natural system of things,
there is no point without some breadth. But they are themselves much
mistaken, and mislead others, who maintain that any degree of fear
ought to be a ground for killing another, to prevent his SUPPOSED
intention. It is a very just observation made by Cicero in his first
book of Offices, that many wrongs proceed from fear; as when the
person, who intends to hurt another, apprehends some danger to himself
unless he took that method. Clearchus, in Xenophon, says, I have known
some men, who partly through misrepresentation, and partly through
suspicion, dreading one another, in order to prevent the supposed
intentions of their adversaries, have committed the most enormous
cruelties against those who neither designed, nor wished them any harm.
Public-domain text, read in full here on John Shaqi.
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