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Casuistry
by
This opinion, perhaps, many beside Kant will see cause to approve. For ourselves we can truly say–never did we know a human being, boy or girl, who began life as an habitual undervaluer of truth, that did not afterwards exhibit a character conformable to that beginning–such a character as, however superficially correct under the steadying hand of self-interest, was not in a lower key of moral feeling as well as of principle.
But out of this honorable regard to veracity in Immanuel Kant, branched out a principle in Casuistry which most people will pronounce monstrous. It has occasioned much disputing backwards and forwards. But as a practical principle of conduct, (for which Kant meant it,) inevitably it must be rejected–if for no other reason because it is at open war with the laws and jurisprudence of all Christian Europe. Kant’s doctrine was this; and the illustrative case in which it is involved, let it be remembered, is his own:–So sacred a thing, said he, is truth–that if a murderer, pursuing another with an avowed purpose of killing him, were to ask of a third person by what road the fleeing party had fled, that person is bound to give him true information. And you are at liberty to suppose this third person a wife, a daughter, or under any conceivable obligations of love and duty to the fugitive. Now this is monstrous: and Kant himself, with all his parental fondness for the doctrine, would certainly have been recalled to sounder thoughts by these two considerations–
1st. That by all the codes of law received throughout Europe, he who acted upon Kant’s principle would be held a particeps criminis–an accomplice before the fact.
2d. That, in reality, a just principle is lurking under Kant’s error; but a principle translated from its proper ground. Not truth, individual or personal–not truth of mere facts, but truth doctrinal–the truth which teaches, the truth which changes men and nations–this is the truth concerned in Kant’s meaning, had he explained his own meaning to himself more distinctly. With respect to that truth, wheresoever it lies, Kant’s doctrine applies–that all men have a right to it; that perhaps you have no right to suppose of any race or nation that it is not prepared to receive it; and, at any rate, that no circumstances of expedience can justify you in keeping it back.
CASE VI.
THE CASE OF CHARLES I.
Many cases arise from the life and political difficulties of Charles I. But there is one so peculiarly pertinent to an essay which entertains the general question of Casuistry–its legitimacy, its value–that with this, although not properly a domestic case, or only such in a mixed sense, we shall conclude.
No person has been so much attacked for his scruples of conscience as this prince; and what seems odd enough, no person has been so much attacked for resorting to books of Casuistry, and for encouraging literary men to write books of Casuistry. Under his suggestion and sanction, Saunderson wrote his book on the obligation of an oath, (for which there was surely reason enough in days when the democratic tribunals were forcing men to swear to an et caetera😉 and, by an impulse originally derived from him, Jeremy Taylor wrote afterwards his Ductor Dubitantium, Bishop Barlow wrote his Cases of Conscience, etc. etc.
For this dedication of his studies, Charles has been plentifully blamed in after times. He was seeking evasions for plain duties, say his enemies. He was arming himself for intrigue in the school of Machiavel. But now turn to his history, and ask in what way any man could have extricated himself from that labyrinth which invested his path but by Casuistry. Cases the most difficult are offered for his decision: peace for a distracted nation in 1647, on terms which seemed fatal to the monarchy; peace for the same nation under the prospect of war rising up again during the Isle of Wight treaty in 1648, but also under the certainty of destroying the Church of England. On the one side, by refusing, he seemed to disown his duties as the father of his people. On the other side, by yielding, he seemed to forget his coronation oath, and the ultimate interests of his people–to merge the future and the reversionary in the present and the fugitive. It was not within the possibilities that he could so act as not to offend one half of the nation. His dire calamity it was, that he must be hated, act how he would, and must be condemned by posterity. Did his enemies allow for the misery of this internal conflict? Milton, who never appears to more disadvantage than when he comes forward against his sovereign, is indignant that Charles should have a conscience, or plead a conscience, in a public matter. Henderson, the celebrated Scotch theologian, came post from Edinburgh to London (whence he went to Newcastle) expressly to combat the king’s scruples. And he also (in his private letters) seems equally enraged as Milton, that Charles should pretend to any private conscience in a state question.