what I'm reading...
May. 27th, 2010 05:58 pm[...]It is true that to trace the exact boundary between rightful and wrongful resistance is impossible: but this impossibility arises from the nature of right and wrong, and is found in almost every part of ethical science. A good action is not distinguished from a bad action by marks so plain as those which distinguich a hexagon from a square. There is a frontier where virtue and vice fade into each other. Who has ever been able to define the exact boundary between courage and rashness, between prudence and cowardice, between frugality and avarice, between liberality and prodigality? Who has ever been able to say how far mercy to offenders ought to be carried, and where it ceases to deserve the name of mercy and becomes a pernicious weakness? What casuist, what lawgiver, has ever been able to nicely mark the limits of the right of self-defence? All our jurists hold that a certain quantity of risk to life or limb justifies a man in shooting or stabbing an assailant: but they have long given up in despair the attempt to describe, in precise words, that quantity of risk. They only say that it must be, not a slight risk, but a risk such as would cause serious apprehension to a man of firm mind; and who will undertake to say what is the precise amount of apprehension which deserves to be called serious, or what is the precise texture of a mind which deserves to be called firm. It is doubtless to be regrettet that the nature of words and the nature of things do not admit of more accurate legislation: nor can it be denied that wrong will often be done when men are judges in their own cause, and proceed instantly to execute their own judgment. Yet who would, on that account, interdict all self-defence? The right which a people hast o resist a bad government bears a close analogy to the right which an individual, in the absence of legal protection, has to slay an assailant. In both cases the evil must be grave. In both cases all regular and peaceable modes of defence must be exhausted before the aggrieved party resorts to extremities. In both cases an awful responsibility is incurred. In both cases the burden of the proof lies on whim who has ventured on so desperate and expedient; and if he fails to vindicate himself, he is justly liable to the severest penalties. But in neither case can we absolutely deny the existence of the right. A man beset by assasins is not bound to let himself be tortured and butchered without using his erapons, because nobody has ever been able to precisely define the amount of danger which justifies homicide. Nor is a society bound to endure passively all that tyranny can inflict, because nobody has ever been able to precisely define the amount of misgovernment which justifies rebellion.[...]