Moral Principles and Medical Practice - The Basis of Medical Jurisprudence by Charles Coppens
page 58 of 155 (37%)
page 58 of 155 (37%)
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ignorance. It was found by the verdict that the boy was incapable of
resistance, and authorities were then quoted to prove that, in order to save your own life, you have the right to take the life of an unjust aggressor in self-defence--a principle the truth of which is universally admitted. "But the evidence clearly showed that the defenceless boy was not an unjust aggressor against their lives, and, consequently, their only plea was that of expediency. "In a chapter in which he deals with the exception created by necessity, Lord Hale, quoted by Justice Coleridge, thus expresses himself: "'If a man be desperately assaulted and in peril of death, and cannot otherwise escape, except by killing an innocent person then present, the act will not acquit him of the crime and punishment of murder; for he ought rather to die himself than to kill an innocent.' "In the case of two men on a plank at sea, which can only support one, the right of one occupant to throw the other overboard to save his own life, and in the instance of sailors, to save themselves, throwing passengers in the sea, are equally condemned by Lord Coleridge as unjustifiable homicide. So that under no circumstances is it allowable to kill an innocent aggressor to save your own life. I say _innocent_ aggressor; but it is allowed, in self-defence, to kill, if necessary, an _unjust_ aggressor against your life. "This case is exactly analogous to that of the child lying helpless in its mother's womb. She causes its death by her consent to the act of her agent, the physician in attendance. |
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