Augustine: Earlier Writings (continued)
Il8 AUGUSTINE: EARLIER WRITINGS
you consider whether the slave desired to be free of fear of his master in order to satisfy his own lusts? To desire to live without fear is characteristic of all men, not only of the good but also of the bad. But there is this difference. The good seek it by diverting their love from things which cannot be had without the risk of losing them. The bad are anxious to enjoy these things \v'ith security' and try to remove hindrances so as to live a wicked and criminal life which is better called death. Ev.— am recovering my wits. Now I am glad to have learned what culpable.cuidit)^ is, which we also call lust. Evidently it is love
_of things which one may lose against one's will.
v, 1 1. Let us now inquire, if you please, whether lust prevails in sacrilegious acts, many of which we see committed through superstition. Aug.—Perhaps that would be too hasty. I think we ought first to discuss whether an attacking enemy or an armed lier-in-wait can be slain in defence of life or liberty or chastity, without any lust. Ev.—How can I possibly think that men are void of lust who fight for things which they can lose against their will? If they cannot lose them, what need is there to go so far as to kill a man on their account? Aug.—Then the law is not just which gives the traveller authority to kill a brigand lest he should himself be killed by him. Or the law that allows any man or woman to slay, if he can, any one who comes with intent to ravish, even before the crime has been committed. The law also bids the soldier to slay the enemy. If he abstains from killing he is punished by the general. Shall we dare to say that these laws are unjust or rather null and void? For a law that is unjust does not seem to me to be a law at all.
12. Ev.—It is, however, evident that this law is well prepared against such an accusation, for in the state where it is in force it allows lesser evil deeds to prevent worse being committed. It is much more suitable that the man who attacks the life of another should be slain than he who defends his own life; and it is much more cruel that a man should suffer violation than that the \'iolator should be slain by his intended victim. In killing an enemy the soldier is a servant of the law and can easily avoid lust in performing his duty. Further, a law passed to guard the people cannot be accused of lust. The proposer of the law, if he did so at the command of God, that is, at the command of eternal justice, could do it without the slightest trace of lust. If, however, he did act from some motive of lust it does not follow that his law is obeyed from lust. A good law can be passed by one who is not himself good. For the sake of argument, suppose