CHAPTER II.. Of the Duty of Preserving Life.

OF THE DUTY OF PRESERVING LIFE.

SECTION I.--Of Killing, Direct and Indirect.

1. In a hilly country, two or three steps sometimes measure all the interval between the basins of two rivers, whose mouths are miles apart. In the crisis of an illness the merest trifle will turn the scale between death and recovery. In a nice point of law and intricate procedure, the lawyer is aware that scarcely more than the thickness of the paper on which he writes lies between the case going for his client or for the opposite party. To rail at these fine technicalities argues a lay mind, unprofessional and undiscerning. Hair-splitting, so far as it is a term of real reproach, means splitting the wrong hairs. The expert in any profession knows what things to divide and distinguish finely, and what things to take in the gross. Moral Science in many respects gives its demonstrations, and can give them, only "in the way of rough drawing," as Aristotle says. ([Greek: pachulos kai tupo], Ethics, I., iii., 4.) But there are lines of division exceeding fine and nice in natural morality no less than in positive law. The student must not take scandal at the fine lines and subtle distinctions that we shall be obliged to draw in marking off lawful from unlawful action touching human life.

2. It is never lawful directly to kill an innocent man. Understand innocent in the social and political sense, of a man who has not, by any human act (Ethics, c. i., n. 2, p. 1) of his own, done any harm to society so grievous as to compare with loss of life. To kill, or work any other effect, directly, is to bring about that death, or other effect, willing the same, either as an end desirable in itself, as when a man slays his enemy, whose death of its own sheer sake is to him a satisfaction and a joy, or as a means to an end, as Richard III. murdered his nephews to open his own way to the throne. We must then in no case compass the death of the innocent, either intending it as an end, or choosing it as a means. The assertion is proved by these considerations. To kill a man is to destroy the human nature within him: for, though the soul survives, he is man no more when he is dead. Now to destroy a thing is to subordinate that thing entirely to your self and your own purposes: for that individual thing can never serve any other purpose, once it is destroyed. The man that is killed is then subordinated to the slayer, wholly given up, and as we say, sacrificed, to the aims and purposes of him who slays him. But that ought not to be, for man is a person. Body and soul in him make one person, one personal nature, which human personality is destroyed in death. Now it is the property of a person to be what we may call autocentric, referring its own operations to itself as to a centre. Every person--and every intelligent nature is a person [Footnote 17]--exists and acts primarily for himself. A thing is marked off from a person by the aptitude of being another's and for another. We may venture to designate it by the term heterocentric. A person therefore may destroy a thing, entirely consume and use it up for his own benefit. But he may not treat a person as a thing, and destroy that, either for any end of pleasure that he finds in destroying it, or in view of any gain or good, whereunto that destruction serves him as a means.

3. In the above argumentation account has not been taken of God, to whom for His sovereign dominion all created personalities stand in the light of things, and may be destroyed at His pleasure. But account has been taken of the State, to which the individual is subordinate as a citizen, but not as a man and a person. It is permitted no more to the State than to the individual ever to destroy the innocent directly.

4. An effect is brought about indirectly, when it is neither intended as an end for its own sake, nor chosen as a means making towards an end, but attaches as a circumstance concomitant either to the end intended or to the means chosen. The case of a circumstance so attaching to the means chosen is the only case that we need consider here in speaking of indirect, concomitant, or incidental effects. The study of these incidents is of vast importance to the moralist. Most cases of practical difficulty to decide between right and wrong, arise out of them. They are best illustrated in the manner of killing. That one matter, well worked out, becomes a pattern for other matters in which they occur. (Ethics, c. iii., s. ii., p. 31.)

5. A man is killed indirectly, or incidentally, when he perishes in consequence of certain means employed towards a certain end, without his death being willed by the employer of those means, or in any way serving that agent to the furtherance of the end that he has in view. If a visitor to a quarry were standing on a piece of rock, which a quarryman had occasion to blast, and the man fired the train regardless of the visitor, the latter would be incidentally killed. Now incidental killing, even of the innocent, is not under all circumstances unlawful. Where the end in view is in the highest degree important, the means may be taken thereto, provided always that such an issue as the shedding of innocent blood be not itself the means discerned and elected as furthering the end: for no end however urgent can justify the employment of any evil means. (Ethics, c. iii., s. ii., nn. 3, 13, pp. 32, 36.) Suppose in the instance just given the quarryman saw that, unless that piece of rock where the visitor stood were blown up instantly, a catastrophe would happen elsewhere, which would be the death of many men, and there were no time to warn the visitor to clear off, who could blame him if he applied the explosive? The means of averting the catastrophe would be, not that visitor's death, but the blowing up of the rock. The presence or absence of the visitor, his death or escape, is all one to the end intended: it has no bearing thereon at all.

6. We must then distinguish between means and circumstances. The means help to the end, the circumstances of the means do not. When the end is of extreme urgency, circumstances may be disregarded: the means become morally divested of them. So I have seen an island in a river, a nucleus of rock with an environment of alluvial soil. While the stream was flowing placidly in its usual course, the island remained intact, both rock and earth. But when the water came rushing in a flood, which was as though the island itself had gone speeding up the river, the loose matter at its sides was carried away, and only the central rock remained. The ordinary flow of the river past the island, or the gentle motion of the island up-stream, keeping all its bulk, represents a man acting for an end to which reason attaches no great importance. He must then take a diligent review of all the circumstances that have any close connection with his action, to see if there is any that it would be wrong for him to will directly. And if there is, he must abstain from willing it even indirectly: that is, he must abstain from doing the action, which cannot be done without that objectionable circumstance attending it. On the other hand, the floating island being towed rapidly up-stream, with its loose sides falling away, portrays the condition of one acting for a purpose of imperative urgency: he considers the means to that end, and if they are good, he concentrates his will upon them and uses them, disregarding, or even deploring, but nowise willing or being responsible for, the evil concomitants which go with those means, but do not make for his end. Thus it is, that a circumstance which in ordinary cases goes to make the adoption of certain means reasonable or unreasonable, comes, in a case of great urgency, to weigh for nothing in the balance of reason, owing to the extreme and crying reasonableness of the end in view. Nor is this the end justifying the means, for that unhappy circumstance is never a means to the end. (Ethics, c. iii., s. ii., n. 8, p. 34.)

7. To illustrate by a diagram:

C ( ) U | | A-----------------------------------E( )V ]

A, the agent, a bead on a wire, can move only on the line AE, that alone being the line of means to the end.

EV, reasonableness of end in view, attracting A.

UC, the amount of moral evil which the untoward circumstance would involve, if it were willed directly. This UC repels A, tending to jam it on the line AE, which is absolutely rigid.

AE, remoteness, difficulty, and uncertainty of the end in view.

AU, remoteness of untoward circumstance from means chosen, which A is just in the act of taking. Then, for lawful action, the reasonableness required in the end in view is represented by the variation--

We observe that when AU is zero, while UC . AE remains a finite quantity (representing an appreciable evil), then EV becomes infinite: that is to say, when the distance, difference, or distinction between the evil circumstance and the means comes down to nothing at all, and the evil thing actually is the very means taken, then an infinite urgency of end in view would be requisite to justify the using of that means: in other words, no end possible to man can ever justify an evil means.

Readings.--St. Thos., 2a 2æ, q.64, art. 6; Cardinal de Lugo, De Justitia et Jure, disp. 10, n. 125.