use the license which such a position would give. They would be inquiring at what moment they were beyond the jurisdiction of ordinary Morality; in order that they might then disregard Moral Rules. Whereas this is not the disposition which the Moralist can approve or allow, even in Cases of Necessity. He requires, in order that he may give his approbation, or withhold his condemnation, a struggle in giving up what is commonly right; as well as a wish to do no more than is, in uncommon cases, allowable. He cannot wish to aid any one in looking with composure upon the shock that his moral being must receive, by the emergencies of a Case of Necessity.

415. A further reason for not defining such cases, is this; that the application of such Rules requires a calmness and fairness which cannot be looked for in a case of necessity. By the supposition of a case of necessity, the man is so thrown off his balance, that he cannot conform to the Rules of Duty in their exact and primary form. If we state these Rules in a relaxed form, Cases of Necessity will occur, in which, from the like want of balance of mind, he will transgress even the enlarged Rule. The Moralist cannot deliver, as a Precept, Lie not except in great emergencies. If he were to say so, to a man, under the influence of passion, small emergencies would appear great; and thus such persons might learn to lie without compunction. The Moralist says, Lie not at all. If an extreme emergency occurs, he grants that there are Cases of Necessity in which transgressions of Moral Rules may be excusable; and if he have to pronounce a moral sentence on the case, he will take into account the circumstances of the case and of the person.

416. He will attend to the circumstances of the person, as well as of the case. For though the man who has to act in a Case of Necessity is not likely to look to the Moralist for Rules of Action; it is very

likely, or rather, inevitable, that his course of action will depend upon his own previous Moral Culture. A man who, like Socrates, has cherished in his mind, for many years, a reverence for the laws, will wait his death from their operation, rather than evade them. A man who has carried the love of truth, a woman who has carried the love of chastity, to a high point, will die, rather than incur the guilt they abhor. Other persons, not so far advanced in Moral Progress, will yield to the present fear, and seek the allowable course, which, in such Cases of Necessity, may exist. The conduct, in such cases, is governed, not by Rules, but by the Operative Moral Principles which have been taken into the character so as to be the Springs of Action.

The conduct of a person in a Case of Necessity, as in any other case, must be considered with reference to his moral culture, in order that we may determine how far it is good or bad. Now in the case in which a person, whose moral culture has, up to that point been going on, violates the ordinary Rules of Duty in a Case of Necessity; his moral progress must, as we have said, receive a shock. There has been a mortal struggle between Moral Rules and Self-preservation; and Morality has been overcome. So far, the event is a suspension or reversal of moral culture, like any other transgression. But this has not taken place in the ordinary course of the man's being: it has been at a moment of paroxysm and agony; when by the terror of immediate death, or dreadful evil, his mind was thrown off its usual balance. This event in his moral culture, is, therefore, not to be reckoned as if it had happened at any other time. Perhaps, the struggle and the defeat of Morality, was but for a moment; and implies no real permanent depravation of the character. Perhaps, the shock, though severe, was transient. Perhaps the moral derangement was a sharp and critical disorder, brought on by special

external circumstances; which, once past, does not affect the general moral health. In Cases of Necessity, when Kules have been violated, the Moralist may be willing to hope that such is the case; and in this hope, may abstain from condemning the actor, and may thus pronounce his act allowable. In delivering such a Sentence, the Moralist trusts that, as the Moral Culture has been interrupted by extraordinary circumstances, or turned into a strange channel; it will also afterwards be resumed with extraordinary zeal, and pursued with extraordinary advantage. The man who has had to take a merely allowable course, has great reason to examine his conscience and his heart, in order to see that they have received no stain or wrench; and to remove the defect, if they have. And if any more than native aid may be obtained in such a task, he has, more than others, reason to seek for it. If he do not need Repentance and amendment after his act, at least he needs a renewed Recognition, in his heart, of the Moral Rule which he has violated.

417. We may remark, that we have spoken of cases in which the direct Rule of Duty leads to Death; as if Death were nothing more than one among many objects of human fear, although the greatest. Death is, however, also the end of our moral career, so far as this life is concerned. This consideration would not affect the merely Moral Question; which is a question concerning the Course that Duty and Virtue require, so long as life lasts. But Religion, which presents Death to us as, not merely the end of this life, but the beginning of another, gives a new aspect to all such questions. Still, in the eye of Religion, as in the eye of Morality, Death is only one of the events of man's being; and every man's conduct with regard to this as to the other events, must be governed by the Law of Duty.

418. It appears from what has been said, that

Cases of Necessity, in which the conflict is between Moral Rules and Self-preservation, are properly spoken of in the common maxim, which declares that Necessity has no Law; but the exception to Law amounts only to this; that transgression is allowable, provided the necessity be extreme.

419. In the case in which Moral Rules are transgressed, not for the sake of our own preservation, but in order to preserve some other person from great impending evil; we may have a Case of Necessity, which is also a Conflict of Duties: for to preserve another person from great evil, is a part of the general Duty of Benevolence; and when the person is connected with us by special relations, to do this, is involved in the Duties of the Specific Affections. Thus, when the wife of Grotius saved him by a lie; when Lucilius saved Brutus by falsely personating him; when Virginius preserved his daughter from pollution by her murder; when a man, in rescuing a neighbour from death, kills the robber who assails him; we have two Duties, placed in opposition to each other; on one side, the Duty of rescuing, from a terrible and impending evil, a husband, a friend, a daughter, a neighbour; on the other hand, the Duty of not telling a falsehood, or committing homicide.

These Cases of Conflict of Duties differ from the Cases of Conscience formerly considered, in having, as one alternative, death, or some extreme evil, immediately impending over a person whom we love; and hence, they hardly admit of a deliberate previous decision what we ought to do; but rather lead to some paroxysmal act, of which we afterwards enquire whether it was allowable, as in other Cases of Necessity.

420. In these Cases, as in the other Cases of Necessity, the Moralist must abstain from laying down definite Rules of decision; and for the like reasons as before. To state General Rules for deci

ding Conflicts between opposing Duties, would have an immoral tendency. For such a procedure would necessarily seem to make light of the Duties which were thus, in a general manner, postponed to other Duties; and would tend to remove the compunction, which any Moral Rule violated, ought to occasion to the Actor. We may see these defects, in the Rules which have been proposed for such purposes. For example, it has been said by some, that the wife of Grotius and the friend of Brutus were justified in what they did, because the Duty of Truth is only a Duty to one's self; and Duties to a Husband or a Friend are of a higher order than Duties to one's self*. But the result of this Maxim would evidently be, that any Lie, however great, might be told to procure the smallest benefit to a Husband or Friend; which is a most immoral conclusion.

421. But though in such Cases of Conflict of Duties, no Moral Rules can be laid down, as of universal validity, the course taken by the Actor will depend, and ought to depend, upon his state of Moral Culture. And perhaps the best mode of deciding any particular case, is to consider how the two sides of the alternative would have affected the Moral Culture and Moral Progress of the person. Thus, in the case of Grotius's wife, Conjugal Love was in Conflict with the Love of Truth. Both of these are Moral Principles, to be cultivated in our hearts, by their influence upon our actions. If the wife had neglected an opportunity which offered itself, of saving the husband from death, the shock to Conjugal Affection would have been intense; and the irremediable evil, when it had fallen upon her, must have brought with it a self-accusation and despair, against which the recollection of scrupulous veracity could hardly have supported her. If, on the contrary, in such extreme ne

*Eschenmayer, Moralphilosophie. Stuttgart, 1818. § 187. Nothlüge.