The Whole Duty of Man, According to the Law of Nature. Samuel Pufendorf
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Therefore we are now to deliver, With what Moderation the Defence of our selves is to be tempered. This Defence of our selves then will be such as is, either without any Harm to him from whom we apprehend the Mischief, by rendring any Invasion of us formidable to him and full of Danger; or else by hurting or destroying him. Of the former way, [whether (in private Men) by keeping off the Assailant, or by Flight, &c.] there can be no Doubt but that ’tis lawful and altogether blameless.
XIII. We may repel force by force, even so far as to kill an unjust Aggressor. L. N. N. l. 2. c. 5. §2.
But the latter may admit of Scruple, because Mankind may seem to have an equal Loss, if the Aggressor be killed, or if I lose my Life; and because one in the same Station with my self will be destroyed, with whom it was my Duty to have lived in Civil Society: Beside, that a forcible Defence may be the Occasion of greater Outrages, than if I should betake my self to flight, or patiently yield my Body to the Invader. But all these are by no means of such Weight as to render this Sort of Defence unlawful. For when I am dealing fairly and friendly with another, it is requisite that he shew himself ready to do the like, or else he is not a fit Subject of such good Offices from me. And because the End of the Law of Society is the Good of Mankind, therefore the Sense thereof is to be taken, so as effectually to preserve the Welfare of every Individual or particular Man. So that if another Man make an Attempt upon my Life, there is no Law that commands me to forgoe my own Safety, that so he may practise his Malice with Impunity: And he that in such case is hurt or slain, must impute his Mischief to his own Wickedness, which set me under a Necessity of doing what I did. Indeed otherwise, whatsoever Good we enjoy either from the Bounty of Nature, or the Help of our own Industry, had been granted to us in vain, if we were not at liberty to oppose the Violences of Ruffians, who would wrongfully ravish all from us; and honest Men would be but a ready Prey for Villains, if they were not allowed to make use of Force in defence of themselves against the others Insults. *Upon the whole then, it would tend to the Destruction of Mankind, if Self Defence even with Force were prohibited to us.
XIV. Extremities last to be used. L. N. N. l. 2. c. 5. §3.
Not however that hence it follows, that as soon as any Injury is threatned us, we may presently have recourse to Extremities; but we must first try the more harmless Remedies; for instance, we must endeavour to keep out the Invader by cutting off his Access to us; to withdraw into strong Places; and to admonish him to desist from his outragious Fury. And it is also the Duty of a prudent Man to put up a slight Wrong, if it may conveniently be done, and to remit somewhat of his Right, rather than, by an unseasonable Opposition of the Violence, to expose himself to a greater Danger; especially if that Thing or Concern of ours upon which the Attempt is made, be such as may easily be made amends for or repaired. †But in Cases where by these or the like means I cannot secure my self, in order to it I am at liberty to have recourse even to Extremities.
XV. Self-Defence how far justifiable in a supposed state of Natural Liberty.
But that we may clearly judge, whether a Man contains himself within the Bounds of an unblameable Defence of himself, it is first to be examined, whether the Person be one who is in a State of Natural Liberty or subject to no Man, or one who is obnoxious24 to some Civil Power. In the first Case, if another shall offer Violence to me, and cannot be brought to change his malicious Mind and live quietly, I may repel him even by killing him. And this not only when he shall attempt upon my Life, but if he endeavour only to wound or hurt me, or but to take away from me my Goods, without meddling with my Body. For I have no Assurance but from these lesser Injuries he may proceed to greater; and he that has once professed himself my Enemy (which he doth whilst he injures me without Shew of Repentance) gives me, as far as ’tis in his Power to give, a full Liberty of proceeding against him, and resisting him in such manner as I shall find most necessary for my own Safety. And indeed the Sociality necessary to Human Life would become unpracticable, if a Man may not make use even of Extremities against him who shall irreclaimably persist in the Commission tho’ but of meaner Wrongs. For at that rate the most modest Persons would be the continual Laughing-stock of the vilest25Rakehels.26
XVI. How the Right of Self-defence is limited in a State of Civil Society. L. N. N. l. 2. c. 5. §4.
But in Civil Society, those who are Subjects to the Civil Power, may then only use Violence in the Defence of themselves, when the Time and Place will not admit of any Application to the Magistrate for his Assistance in repelling such Injuries by which a Man’s Life may be hazarded, or some other most valuable Good which can never be repaired, may be manifestly endangered.
XVII. Of the Time when in a State of Nature Self defence may be allowable.
As for the time when Men may put in practice their just Right of Self-defence, it may be learnt from the following Rules.
Altho’ every one, under that Independence in which all Men are supposed to be in a State of Nature, may and ought to presume, that all Men are inclined to perform towards him all those Duties which the Law of Nature directs, until he has evident Proof to the contrary: Nevertheless, since Men have natural Inclinations to that which is ill, no one ought to rely so securely on the Integrity of another, as to neglect taking all necessary Precautions to render himself secure, and placed, as far as may be, out of the Reach of other Men’s ill Designs. It is but common Prudence to stop up all Avenues against those from whom we apprehend Hostilities, to be provided with serviceable Arms, to raise Troops, to get Succour and Assistance, in case of need, by Alliances and Confederacies, to have a watchful Eye over the Actions and Behaviour of those whom we have reason to apprehend to be our Enemies; and, in a word, to use all other Precautions of this Nature, which appear necessary to prevent our being surprized or found unprovided. The Jealousy and Suspicion which we ought to have of each other, from our Knowledge of the Pravity of Human Nature, will justifie our acting thus far; but then it must stop here: it must not put us upon using Violence to our Neighbours, under pretence of disabling them from injuring us, and of preventing their making a mischievous Use of that superior Power we see them have; especially if we find that this Increase of Power in them, and their Superiority over us, was the Product of their innocent Industry, or the Gift of Providence, and not the Result of Injury and Oppression.
*Nay, if our Neighbour, whom we see powerful enough to hurt us, should shew an Inclination to use that Power mischievously, by actually injuring others, yet shall not this justifie our Assaulting him by way of prevention, till we have good Evidence, that he designs us also Mischief; unless we are under some prior Engagement or Alliance, to support the Persons we see thus injuriously attacked by a superior Power. In this Case we may with greater Vigour oppose the Invader, and take the Part of our injured Ally; since we have very good Reason to apprehend, that when by his superior Power he has oppressed him, he will apply the same Force against us; and that the first Conquest he makes is to be the Instrument of another that he intends.
But when we have evident Proof that another does actually intend, and has taken proper Measures to do us an Injury, altho’ he has not openly declared such his Intention; then we may fairly put our selves on our Defence, and anticipate the Aggressor before he compleats the Preparations he is making to do us the designed Mischief: Provided notwithstanding we have endeavoured, by friendly Advice, to move him to lay aside his ill Purposes so long, that there remains no Hopes of his being prevailed upon to do so by fair and gentle Means: In using which friendly Advice and gentle Means, care must be taken, that it be not done when it may prove a Prejudice and a Disadvantage to our own Affairs. He who first forms the Design to do an injurious Act, and first makes Preparation to bring it about, is to be accounted the Aggressor; altho’ it may perhaps so fall out, that the other using greater Diligence, may prevent him, and so commit the first open Acts of Hostility. It is not absolutely necessary to a justifiable Self-defence, that I receive the first Stroke, or that I only ward off and avoid the Blows that are aimed at me.27
But farther: In a State of Nature of which we are speaking, a Man has not only a Right to repel a present Danger with which he is menaced, but also, after having secured himself from the Mischief intended him, he may pursue his Success against the Aggressor, till he has made him give him satisfactory Security of his peaceable Behaviour for the time to come. Concerning which Caution and Security, the following Rule may be usefully observed: If a Man having injured