CHAPTER IV
ON KILLING THE INNOCENT
I. IT is never lawful directly to kill the innocent, or, in other words, it is never lawful to kill the innocent when the death is intended in itself, or when it is inflicted as a means to the attaining of some other object. Such an act is expressly forbidden by God: " The innocent and just person thou shalt not put to death."[1] Reason, too, teaches us the same truth; for if ever it were lawful directly to kill the innocent, it would be so when such a death would be of great advantage to the commonwealth. But even to save the State an innocent man's life must not be taken directly, for the State exists that good men may lead honourable and peaceful lives; the State is for the good citizens, not the good citizens for the State. Not even the good of the State, then, makes it right to take an innocent man's life, and if that does not justify the act, nothing does.
2. The death of the innocent may be permitted, not intended, when it follows from some action lawful in itself which also produces an equally immediate and good effect, and when this counterbalances the evil effect. This, again, is but the application of the principle of a double effect, and it is evident from what has been said before. The general of an army who orders the bombardment of a beleaguered town knows that his order cannot be executed without killing perhaps many innocent non-combatants, yet the action is not unlawful.
3. Casual homicide which was not intended in itself, but which was the consequence of doing some dangerous action, as furious driving in a frequented street, is imputable to the agent if he adverted to the probable danger of killing someone. If such probable danger did not exist, or was not adverted to, casual homicide will not be imputable in conscience, although if the action be forbidden by law, even on other grounds than the chance of its causing another's death, and someone is killed by it, English law punishes it as manslaughter.
4. It is usual to treat here of abortion, and of certain surgical operations concerned with child-bearing. Abortion is the
- ↑ Exod. xxiii 7.
