Moral Principles and Medical Practice - The Basis of Medical Jurisprudence by Charles Coppens
page 60 of 155 (38%)
page 60 of 155 (38%)
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very name of the operation, delivered by section from their mother's
womb? The operation was familiarly known to Shakespeare, who tells us: 'Macduff was from his mother's womb untimely ripped.' "There can never be a necessity for killing--except an unjust aggressor and in self-defence--unless the killing can be justified by some recognized excuse admitted by the law. In the case of the murdered sailor-boy, there was not such an excuse, unless the killing was justified by what has been called necessity. But, as stated above, there never is an excuse for killing an innocent aggressor, and the temptation to the act and its expediency is not what the law has ever called necessity. Nor is this to be regretted; for if in this case the temptation to murder and the expediency of the deed had been held by law as absolute defence of the deed, there would have been no guilt in the case. Happily this is not so. The plea of necessity once admitted might be made the legal cloak for unbridled passions and atrocious crimes, such as the producing of abortion, etc. "As in the case of this young sailor, so in the killing of an unborn child, no such excuse can be pleaded; the unborn child cannot be the aggressor, no more so than the defenceless sailor-boy was. "To preserve one's life is, generally speaking, a duty: but it may be the plainest duty, the highest duty, to sacrifice one's life. War is full of such instances in which it is not man's duty to live, but to die. The Greek and Latin authors contain many examples in which the duty of dying for others is laid down in most glowing and eloquent language. "'_Dulce et decorum est pro patria mori_,' says Horace. Such was heathen |
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