International law; Natural law; War (International law)
VI. and VII. The next thing to be considered is, what must be said upon
the mutilation of a limb. Now, as the loss of a limb, especially that
of a principal limb in the body, is a grievous detriment, and nearly
equal to the loss of life, to which may be added the probability of
death ensuing from such a calamity; the lawfulness of killing any one,
who makes such an attempt, if the danger cannot otherwise be avoided,
scarce admits of a doubt. Neither is there any more difficulty in
allowing the same right for the personal defence of chastity, the
preservation of which, both in the common estimation of men, and by
the divine law, is deemed of equal value with life itself. We have an
example of this in Cicero, Quintilian, and Plutarch, in the person
of one of Marius's tribunes, who was killed by a soldier. Among the
actions of women, who have defended themselves, Heliodorus records that
of Heraclea, which he calls a just defence of her injured honour.
VIII. Though some, as it has been already said, admit the lawfulness of
killing the person, who attempts with open violence to destroy one's
life, yet they deem it more commendable to spare the life of another,
even at the hazard of one's own. Yet to persons, in whose preservation
the public interest is involved, they will grant an exemption from
this rule of forbearance. Indeed it seems unsafe to impose upon ANY,
whose lives are of importance to others, a rule of forebearance so
contrary to all the principles of all law. This exemption therefore
must be allowed to all vested with any public office, which makes them
responsible for the safety of others; as the generals who conduct
armies, or the rulers of the state, and many others in similar
situations; to whom may be applied the lines of Lucan--"When the lives
and safety of so many nations depend upon yours, and so great a portion
of the world has chosen you for its head; it is cruelty to expose
yourself wilfully to death."
IX. On the other hand it may happen, that the aggressor may be one
whose person is rendered sacred and inviolable by all divine, human,
and natural laws; which is the case with respect to the person of
the Sovereign. For the law of nature regards not only the principles
of STRICT JUSTICE, but comprises other virtues also, as temperance,
fortitude, and discretion, making the observance of them in certain
cases, binding as well as honourable. To observe these we are bound
also by the law of charity.
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