THE JUST-WAR DOCTRINE: A WARRANT FOR RESISTANCE I I INTRODUCTION N THE COURSE of its history the just-war theory, with to fulfill different its va.rious criteria, funct10ns. Although it was origmally mtended as a means of securing and maintaining peace through the imposition of limits upon recourse to war and the establishment of restrictions in its conduct, nations at times have turned to the doctrine of the just war to legitimize the use of military force as a Christian institution. It has further been suggested that another function of the just-war theory is to aid individual citizens in reaching a decision regarding their personal participation in war. It is this last suggested function of the just-war doctrine that is the focus of this essay. During the late sixties and early seventies many Americans refused cooperation with the nation's involvement in Southeast Asia; a good number of Americans were even drawn into active resistance against the government's efforts to secure people's participation in the military enterprise. To the extent that the activity of the resisters was a matter of conscience, it was testimony to the fact that the responsibility of individual citizens who are ordered by civil authorities to participate in war cannot simply be abdicated. The activity of resistance was a living protest that each person must concern himself with the question of a war's justice before he allows himself to become engaged in it. Implied in this protest, it seems, is the belief that the justice or injustice of any war can in fact be discerned by the individual, and thus that it is not sufficient to expect a person's commitment to a war solely because the competent authorities call for participation. This essay at- 503 504 VINCENT J. GENOVESI, S. J. tempts to relate this line of argumentation and its implications to the tradition of Christian reflection on war as it developed through the centuries. How are these ideas rooted in the tradition, and to what extent are they the result of new experiences and insights? The key question, as suggested by Paul Ramsey and also by Ralph Potter, is how seriously should we take the fact that the guidelines of the just-war doctrine are intended not only for the consideration of public authorities in their decisions concerning resort to war and the manner of its conduct, but are meant also as criteria to be applied by individual citizens as a means of determining the legitimacy of their own participation in a war. 1 What makes this question so important is the fact that the history of the just-war theory seems never to affirm explicitly that the doctrine includes private citizens within its intended audience. II SCRIPTURAL BACKGROUND The Old Testament offers little information which would enable us to draw definite conclusions concerning the individual's right to refuse participation in war, but it seems possible to indicate two patterns of thought which, if expanded, might have some bearing on the question at issue. First of all, at least until the time of the monarchy, war was viewed by the Israelite tribes as a holy war, a war of Yahweh, and participation in that war was seen as the execution of his anger (Ex. 17: 16; Nm. 21: 14; 1 Sm. 25: 28) . The call to war was made by a charismatic leader upon whom the spirit of Yahweh had come and it is clear that emphasis is put on the fact that the initiative lay wholly with Yahweh. Prior to engagement in battle, inquiry was made concerning Yahweh's will and whatever he commanded was considered just. Within this framework involving the authority of Yahweh and his direct command to 1 Paul Ramsey, War and the Christian Conscience, (Durham: Duke Univ. Press, 1961), p. ms; also Ralph Potter, "Conscientious Objection To Particular Wars," in Religion and the Public Order, 4, 1966 ed. by Donald A. Giannella (Ithaca: Cornell Univ. Press, 1968), 44-99 at 69. THE JUST-WAR DOCTRINE AND RESISTANCE 505 fight, there would appear to be no room for individual resistance to participation in the war. But it seems likely that any reluctance to disobey the call to arms might best be explained as but one instance of the general appreciation Israel had of Yahweh's direct involvement in, and guidance of, history. When Yahweh beckons, the Israelite responds. And yet there is another pattern of thought which must be reckoned with. When King David attempted to conscript men into military service there was opposition because it was understood that Yahweh had assumed the responsibility for defending Israel. 2 In this context, refusal to accept military service arose not from any conscientious objection to war, but rather as a sign of faith in the fidelity of Yahweh to the covenant established with his people; to accept conscription would be to break faith with the Lord of Israel. Thus, it seems that there is already emerging the perception of the distinction between the authority of Yahweh and that of the king of Israel, such that the latter may not be obeyed at the price of turning deaf ears to the former; in other words, the right and duty of the individual to resist the authority of the state is rooted in the necessity of obeying Yahweh. This tension that the community of faith would continue to experience is expressed in the New Testament also. While Peter proclaims to the council of Jerusalem that "we must obey God rather than men" (Acts 5: 29), Paul admonishes that "every person must submit to the supreme authorities " for " there is no authority but by act of God, and the existing authorities are instituted by him;" moreover, the obligation to submit is imposed " not merely by fear of retribution but by conscience" (Rom. 18: 1-5). III EARLY CHRISTIANITY AND AUGUSTINE In discussing the attitudes of the early Church with regard to participation in military service, Roland Bainton points out •Gerhard von Rad, Old Testament Theology, Vol. 1, (New York: Harper and Row, 196i'l), p. 59. 506 VINcENT ;j. GENOVESI, S. J. that from the end of New Testament times until the last quarter of the second century there is no evidence at all of Christians in the army, but that from A.D. 170 on the references to Christian soldiers increase. Likewise, we have the appearance of more or less explicit condemnations of military service up until the time of Constantine. Bainton concludes that up until the beginning of the Constantinian era ecclesiastical authors condemned Christian participation in warfare, and this for specifically pacifistic reasons; military service in time of peace, however, was not forbidden. The most that can be said for this period is that at least the ecclesiastical authorities, if not the individual Christian, felt vindicated in resisting the wishes of secular authorities concerning the involvement of Christians in warfare. The reign of Constantine, however, served to emphasize the Christian's responsibility of obeying the governing authorities as ordained of God. The teaching was reiterated in the Council of Arles in 314 and appears also in the works of Basil and Ambrose, the latter of whom had a strong concept of duty and office and distinguished between perfect duties, which are not for everyone, and ordinary duties, one of which was to obey the emperor. 3 In turning to Augustine, who was greatly influenced by Cicero and Ambrose, we find that he recognized four classes of people, each having its own function and responsibility in relation to war: the emperor alone declares war; the soldier engages in battle; the private citizen may not take a human life even in self-defense; and the clergy are prohibited from involvement in combat. The group which concerns us here is that of the soldier. Augustine makes it quite clear that soldiers should perform their military duties on behalf of peace and the •Roland H. Bainton, Christian Attitudes Toward War and Peace, (Nashville: Abington Press, 1960), pp. 66-81. Bainton takes issue with Edward Ryan's position which he sees as an example of the Catholic tendency to explain rejection of military service out of non-pacifistic notives such as danger of idolatry (emperor worship), prohibition ag!tinst marriage; cf. Edward A. Ryan, "The Rejection of Military Service by the Early Christians," Theological Studies, XIII (195!t), 1-3!i.l. 'rltE JUST-W All l>OCTRINE AND RESISTANCE 507 ::afety of the community. All power is from God who either orders or permits, and Augustine recognizes that a man's position-in this case, involvement in military life-may make obedience a duty; thus a righteous soldier may remain innocent in performing the duty belonging to his position, even recognizing that the ruler may be advancing an unrighteous command: A righteous man, even if he is in the military service under a ruler who may happen to be unrighteous, can engage in war at the command of the ruler if it is certain that what is ordered is not contrary to the command of God or if it is not certain whether or not it is contrary to God's command. 4 ... A righteous man, serving it may be under an ungodly king, may do the duty belonging to his position in the State in fighting by the order of his sovereign,-for in some cases it is plainly the will of God that he should fight, and in others, where this is not so plain, it may be an unrighteous command on the part of the king, while the soldier is innocent because his position makes obedience a duty. 5 It might be argued that the second quotation is less qualified in advocating obedience to the ruler and more restrictive in allowing the possibility of disobedience. I am not sure that this is so; it seems to me that the conditions are essentially the same: unless the order of the king is clearly unrighteous or against God's command, one must obey. Thus, by the same logic with which Augustine in another writing prohibits the Christian from employing force for purposes of his own selfdefense against robbery and rape, since this could not be done without passion, self-assertion, and a loss of love,6 he here sees no incompatibility between love and killing when the Christian, as a soldier, is engaged in the public defense of others or of the city. Provided the Christian soldier is motivated by love and not by hate, he may engage in warfare even when its legitimacy •Augustine, causa 28, q. 1. can. quid culpatur. Contra Faustum, XXII, 75 quoted in Henry Paolucci (ed.), The Political Writings of St. Augustine (Chicago: Gateway-Regnery, 1962, p. 165. •Augustine, De Lib. Arbit. V, ii, Migne, Patrologia Latimz, XXXll, U27. 5 Augustine, 008 VINCENT J. GENOVESI, S, J, is doubtful; the only restriction is that the war not be clearly or certainly unrighteous, that is, clearly against the command of God. It is interesting to note that Augustine specifies that it is the "righteous" or" just" man who retains his innocence in obeying the possibly just-and therefore possibly unjust-command of the ruler. This qualification seems to arise out of what Bainton describes as the inwardness of Augustine's ethics which served also " to justify outward violence because right and wrong were seen to reside not in acts but in attitudes." The righteous man is one who is motivated by Christian love as he works to vindicate justice, and provided this is his attitude, the soldier can engage in the business of war; indeed, he must do so when commanded by the ruler. Augustine's position in this matter is perhaps explained, at least in part, by the fact that he had abandoned any hope for the possibility of Christian perfection and peace on earth .. Moreover, he had less than the highest regard for material goods, for the human body, and for life in that body. While these factors might have led him to . counsel a Neoplatonic withdrawal from the world, as a matter of fact, for better or for worse, they did not. 1 IV MEDIEVAL SCHOLASTICISM THOMAS AQUINAS AND With the rise of Scholasticism in the twelfth century, several influences converged to give added emphasis to the right and obligation of obeying the divine authority when a conflict appeared between this authority and that of the secular rulers. Taking as his starting point Paul's admonition in Romans 14 that a mature conviction is binding, Abelard (1079-1142) formulated the principle that a person's conscience may be subjectively right while objectively wrong, and that even an erring conscience is binding, although one must be willing to accept the consequences of error. "Bainton, op. XXXVII, 1654. pp. 91-7; Augustine, En. Pa. CXXIV, 7 in Migne, PL, THE JUST-WAR DOCTRINE AND RESISTANCE 509 The teaching about conscience is put to different uses by the contemporaries Bonaventure (1221-74) and Aquinas (122474). On the one hand, Bonaventure argues that conscience, as a function of reason, is dependent upon a prior judgment of reason which rules that a particular action is right. Since human reason is fallible and thus may be mistaken, any individual who finds himself conscientiously opposed to the teachings of the Church or the demands of the state must seriously consider the likelihood of his being right against the opinion of so many others. On this basis, the weight of the situation is against the individual, with the result that a proponent of heterodoxy may not stand against the Church, nor a conscientious objector against the state. 8 For Thomas, on the other hand, conscientious objection to military service has a definite place, although he does not speak in precisely these terms It is curious that Bonaventure and Thomas thus arrive at different conclusions on this point, since for Thomas, too, conscience is a function of reason. Perhaps a partial explanation of Thomas's view lies in the general high regard in which he holds human reason. For Thomas, the basis of morality and the ultimate norm of moral activity is right reason, that is, reason informed and influenced by the divine law, or by the principles of the natural law which are known through synderesis, a kind of habitual knowledge of the moral law, or at least of its more general principles. There is another factor, however, which contributes to Thomas's recognition of the individual's right to object to the demands of secular authority, and that is what might be called his realistic view of law. In speaking of human laws, Thomas says that a law which is not just appears to be no law at all, for the force of law depends on the extent of its justice, which in human affairs is determined by r·eason acting in accord with the law of nature. Thus every human law shares in the nature of law only to the extent that it is derived from the law of nature; if it deviates from the law of nature it is no longer a law but iJ. • Bninton, op. cit., pp. 107-08. 510 VINCENT J. GENOVESI, S. J. perversion of law. 9 While Thomas insists that just laws are binding in conscience, he admits the possibility of laws being unjust in two ways. In the first place, laws are unjust if they are contrary to the human good; in such instances, civil demands or commands are not laws but acts of violence, and do not bind in conscience except, perhaps, in order to avoid scandal or disturbance, for which cause a man may forego disobedience-but this, it should be noted, is not an absolute injunction.10 Secondly, laws may be unjust by being opposed to the divine good and these laws may not be observed under any conditions. Thomas goes on to say, that if the observance of the law would be hurtful to the general welfare it should not be observed; but if the observance of the law according to its letter does not involve a sudden risk needing instant remedy, the competence to decide what is useful or hurtful to the state is reserved to those in authority. Necessity, however, brings with it a dispensation from the law since necessity knows no law.11 Further on in his discussion of obedience, Thomas makes the point that a subject may not be bound to obey a superior in all things for two reasons, one of which is the subject's responsibility to the command of a higher power; the second restriction occurs when the superior commands something wherein the individual is not in fact subject to him; for instance, in matters touching the internal movement of the will, a person is not bound to obey a fellow human being, but only God.12 Precisely on these two points, it seems to me, Thomas's views on conscience come to bear. Internal movements of the will follow upon practical determinations of human reason which, in its functioning as informed conscience, serves to mediate the commands of a higher authority. I suggest that what Thomas is saying, then, is simply that an individual is not bound to obey a superior if his well-formed conscience dictates otherwise, for is a link with a higher authority. Furthermore, just •Thomas, Summa Theologiae, I-II, p. 95, art. ft. Ibid., JI-II, q. 42. 11 Ibid., I-II, q. 96, art. 4. and a.rt. 6. 11 Ibid., Il-II, q. 104, a.rt. 6. 10 THE JUST-WAR DOCTRINE AND RESISTANCE 511 as a man may not be ordered to desire certain desires, so he may not be ordered to think certain thoughts. Conscience, in other words, pertains to the internal realm and thus is outside the jurisdiction of secular authority. Thomas concludes that Christians are bound to obey secular powers insofar as this is required by the order of justice and the common good, but if the ruler's power was gained by usurpation and thus is unjust, or if he commands what is unjust, subjects are not bound to obey, except perhaps to avoid scandal or public danger. 13 In all of this, it should be noted that for Thomas the presumption is that the individual is capable of making such determinations as to what is just and unjust, and what is good for or harmful to society. It would seem, however, that such determinations are not always to be acted upon by the individual. But it is precisely in those crisis situations demanding immediate remedy that Thomas allows the individual to disobey the unjust law. The problem, then, is to determine what constitutes such a crisis situation. By implication, at least, Thomas would counsel obedience to any law-understanding that it is not contrary to the divine good-when time and circumstances allow such obedience without oppressive harm to the common good. Unless a command or law provokes immediate social danger and thus requires instant disobedience, the individual should seek alternative forms of resistance and strategies for effecting a change of law. To the extent, however, that participation in what is viewed as an unjust war qualifies as a crisis situation demanding immediate remedy, the individual's right and duty to refuse involvement in that war are established. V LUTHER In turning to Luther we find a continuation of the Augustinian emphasis on the obligation of the individual to obey the secular authorities. At the same time, we begin to notice more refinement and discrimination, as is seen in the fact that Lu18 Ibid., art. 6. VINCENT J. GENOVESI, S. J. ther's advice for the private citizen is different from his advice for a prince on the question of waging war against a superior lord; Luther's advice varies too when he speaks of material goods as opposed to spiritual ones. It is his general view that with regard to material goods, Christians are subject to secular rulers and owe them obedience; if these rulers call them to fight, Christians must obey, not as Christians, but as members of the state and as loyal subjects. Writing in 1526, Luther was of the mind that the office of the sword is a divine and useful ordinance which God wants us not to despise but to fear, honor, and obey under penalty of punishment. 14 Even though rulers may do wrong against subjects it is neither right nor just for the subjects to do wrong in return, to be disobedient or destroy God's ordinance. 15 Within the context of a discussion about tyranny in which he argues against tyrannicide or deposition, Luther manifests fear of the psychology of a mob and says that if injustice is to be suffered it is better for subjects to suffer it at the hands of rulers than for rulers to suffer it from subjects, since a mob knows no moderation and each member of a mob has five tyrants hiding within him. Since the subject's soul cannot be hurt by the ragings of a wrongful ruler it matters little if the property, body, and family of the subject are brought to ruin, for in this way the unjust ruler damns his own soul and the subje<'t is avenged. 16 In all of this we hear the echo of Augustine's slight regard for material goods and physical well-being. In speaking specifically of soldiers, Luther states that they must act out of duty and obedience to the ruler, but if they should know for sure that the ruler is wrong, they must fear God more than men and refuse either to fight or to serve since to do otherwise would be to have a bad conscience before God. If, however, the soldiers are not certain that the ruler is wrong, 14 Martin Luther, " Whether Soldiers, Too, Can Be Saved,'' in Theodore G. Tappert, (ed.), Selected Writings of Martin Luther, Vol. 3 (Phila.: Fortress Press, 1967), p. 439. 1 • Ibid., p. 444. u Ibid., pp. 446, 448. THE JUST-WAR DOCTRINE AND RESISTANCE 513 they must obey and not sacrifice or weaken certain obedience for uncertain justice; in thinking the best of their ruler, as is the way of love, the soldiers are secure and walk well before God. 17 This is actually the same advice which Luther had given earlier, in 1523, to all subjects in their dealings with the princes; when the subjects do not know and cannot discover whether or not the prince is right they may obey, and this without peril to their souls.18 The general interpretation given to Luther's meaning and intention is that in fact the subjects must obey in such circumstances. As Ramsey sees it, Luther means to say " that not to obey where they do not know will imperil their souls." 111 So much for Luther's views on the questions of the individual's obligation to obey when the issues at hand are life and material goods. When he turns to the question of spiritual goods, of belief or unbelief, Luther says that the state has no competence in this regard, and if it should use force the individual must endure it but without any kind of approval or service or obedience.20 Luther's admonition that subjects must obey their rulers when there is doubt as to the justice of the cause proposed is probably explained in large part by the strong role which the concept of office plays in his thinking, since it is only logical that he would encourage subjects to render to their ruler whatever assistance was necessary in order to facilitate the fulfillment of the latter's responsibility to protect and advance the common welfare. 21 But I wonder if this in itself is sufficient to explain the insistence on obedience without any recognition of a difference between situations where the evidence points more to the injustice of a cause than to its justice, and situations where the evidence indicates that the cause is more likely Ibid., pp. 469-71. Luther, "Secular, Authority: To What Extent It Should Be Obeyed," in John Dillenberger (ed.), Martin Luther: Selections From His Writings (New York: Doubleday Anchor, 1961), p. 898. 1 • Ramsey, op. cit., p. 116. 20 Luther, "Secular Authority," pp. 885, 888. u Ibid., p. 398. lT 18 514 VINCENT J. GENOVESI, S. J. just rather than unjust. Luther obviously recognizes the ability of subjects to distinguish between justice and injustice but he does not specify how such determination takes place. It would seem, however, that Luther either sees less need for subjects to reason rigorously about justice and injustice, or has less confidence in their ability to do so, than he has in the case of princes. At any rate, reason is not called upon to the same extent in addressing subjects-except when they too act as administrators of law in smaller affairs-as it is when speaking to princes. In the latter case, Luther urges that in the application of laws reason should always control all law, and be the highest law and rule over all laws. 22 Furthermore, when advising princes as to their conduct when called upon to render decisions in cases of restitution, Luther states that a good and just decision must come from a free mind. "Such a free decision, however, is given by love and by the law of nature, of which the reason is full; but out of books come rigid and vague judgments." Finally, with regard to the administration of justice, Luther follows Augustine and concludes that " we should keep written laws subject to reason, whence indeed they have welled as from the spring of justice, and not make the spring dependent on its rivulets, nor make reason captive to the letter." 23 Yet when Luther turns to the question of whether subjects may fight against an overlord he answers negatively. Even though justice ought to be the law's mistress and guide, servants may not disobey rulers and fight against them. 24 To conclude, then, reason's perception of injustice against themselves does not justify disobedience or the use of force on the part of subj·ects against their ruler. Neither does reason allow the soldier to disobey the orders of the ruler in instances where the cause's justice is doubtful. My question is whether we are to see Luther's views on authority and office as functions of his more basic view of human nature, or his views of ••Ibid., p. ••Ibid., pp. 401, ••Luther, "Whether Soldiers," p. 443. THE .TUST-WAR DOCTRINE AND RESISTANCE 515 humanity and the limited function of human reason as influenced by the more fundamental and pervading insights concerning authority and office. Of course, it may simply be that Luther's encouragement to limit the law by the application of reason is restricted to questions of the administration of the law, and is not extended to the question of determining the law's binding power in regard to one's self simply because of the realization that no individual is a good judge in his own case. VI SPANISH SCHOLASTICS With the appearance of the sixteenth-century Spanish NeoScholastics new emphases are introduced into the discussion of war. John Figgis in his work, Studies of Political Thought from Gerson to Grotius, 1414-1625, singles out such tendencies as the following: a strong recognition of the sovereignty of the people as the basis of the state with the result that the king is seen as a creation of popular choice, the minister and not the master of his people, the dispensator, not dominus of their goods; the increased tendency to view law as the embodiment of eternal justice and not as absolutely the command of a lawgiver; and finally the growing realization that law implies rights which are not creations by the law, but rather simply recognized by the law. 26 These ideas came to have their effect on the question under discussion in this paper, namely, the history of the development of the idea of personal responsibility in determining the moral status of a war, and of the proper action in the face of such a determination. Turning first to the Dominican, Francis de Vittoria (1480-1546), we find an ethics of war outlined in his De Indis Relectio Posterior, sive De Jure Belli Hispanorum in Barbaros. In establishing certain guidelines to be followed in attempting to determine the justice of the proposed war, Vittoria explains the different responsibilities appropriate to the prince, the senators and those called into counsel, and finally the individual soldiers and subjects. ••Cambridge Univ. Press, pp. 15()..58. 516 VINCENT J, GENOVESI, S. J; With regard to the prince, it is stated that his personal belief in the justice of his cause is insufficient grounds for initiating war; rather he must consult with good and wise men who are free from bias, anger, bitterness or greed; moreover, he must listen to those who are opposed to the war. 26 Further, senators, petty rulers, and all who are admitted, either on summons or voluntarily, to public counsel are bound to examine into the justice of the war (debent et tenentur examinare causam injusti belli), because what a person can, and ought to, prevent is imputed to him if he does not prevent it. 21 Finally, when considering the individual subject, Vittoria states that when he is convinced of the injustice of the war he ought not to serve even on the command of the prince (non lfoet militare, etiam ad imperium principis) .28 Citing Romans 14 "what is not of faith is sin," Vittoria concludes that a subject whose conscience is against the war may not engage in it whether he is correct in his judgment or not (non licet sequi bellum, sive errent sive non) .20 When, however, the subject is in doubt about the justice of the war, Vittoria follows in the tradition of Augustine and Luther and insists that the subject must follow the prince in both defensive and o:ffensivewar (liceat et teneantur sequi) , because the safer course ought to be followed in doubtful cases. In the eyes of Vittoria it is more serious to risk betraying one's state than it is to fight against a supposed enemy despite one's doubts about the justice of the enterprise. 30 In explaining his rationale against the opinion of Adrian, Vittoria continues: Adrian's mistake seems to be in thinking that, if I am in doubt whether this war is just for my prince or whether there be a just cause for this war, it immediately follows that I am in doubt whether or not I ought to go to this war. I admit that I am no ••De lndis, No. 435. 20-1 in James B. Scott (ed.) The Classics of International Law, No. 7, (Washington: Carnegie Institute, 1917). 07 Ibid., No. 436. 24. ••Ibid., No. 435. 22. 2 • Ibid., No. 436. 23. ••Ibid., No. 442. SL THE JUST-WAR DOCTRINE AND RESISTANCE 517 wise justified in doing what my conscience doubts about and that, if I am doubtful about the lawfulness of doing any given thing, I sin if I do it. But any doubt of mine about the justice of this war does not necessarily involve a doubt whether I ought to fight or serve in this war. Nay, it is quite the other way about. For although I may doubt whether the war is just, yet the next point is that I may lawfully serve in the field at my prince's command.31 Vittoria's position here is indicative of that attitude of mind whereby all that is required for conscientious activity is the practical certitude that the anticipated action is "lawful for me," or at least " not unlawful for me." One need not push on further to the theoretical certitude that the proposed action or cause is just in itself. This mentality betrays a certain arbitrariness in that what may or may not be objectively just is suddenly rendered a legitimate course of action for the subject by reason of the prince's command. Vittoria does not explain how doubts as to the justice of a given war arise in the minds of individuals, and this is particularly puzzling in light of the fact that he contends that those classes of the population which have no part in the ordering of the state are under no obligation to examine the causes and moral status of the war, but rather, trusting their superiors, may legitimately enter into war (non tenentur examinare causas belli, sed possunt credentes majoribus licite militare). Claiming the impossibility and inexpediency of the state's explaining its reasons for all its acts to every member of society, Vittoria holds that for the mass of society the justice of the war is proved simply by the fact that it is waged after public counsel and by public authority. 82 But Vittoria continues with an observation of the interesting possibility that the proofs of the injustice of the war may be such that ignorance would be no excuse for the war, even to subjects who serv·e in it; such ignorance might be deliberate and adopted with evil intent toward the enemy. 83 Thus Vittoria seems unwilling to absolve totally the individuals 31 Ibid., No. 443. ••Ibid., No. 437.SS. ••Ibid., No. 437. 26. 518 VINCENT J. GENOVESI, S. J. of society from personal l'esponsibilities in the face of war. Furthermore, recognizing the relativity 0£ governmental structures we must legitimately ask today what is the degree of personal responsibility in determining public policy in a democratic form of government where the wielding and tenure of power depends upon the votes of adult citizens in such a way that each seems to share in the formation of national stances, both domestic and foreign. Speaking positively, a step forward was taken by the Neo-Scholastics in the realization that war ought not to be made on the sole judgment of a prince, nor on the judgment of a few, but on that of many-and they wise and upright men.u The Jesuit, Francis Suarez (1548-1617), writes about war in the section on charity in his work, De Virtutibus Theologicis. Operative in Suarez's thinking is the idea that the power to make human law resides in the whole body of humanity regarded collectively, and not in individuals. This view is brought to bear in his discussion of sedition where he denies to individuals the right to declare war against an unjust ruler-since individuals have only the right to defend themselves, and not to declare war-but grants that the state as a whole may revolt against a tyrant. Suarez reasons that the state as a whole is superior to the king because the state, when it granted power to the king, is held to have granted it on the condition that he should rule in accordance with the public good; failing in this, the king might be deposed. 35 This idea of shared authority has its effects also on Suarez's thinking about the kind of certitude as to the justice of one's cause which is required for the involvement in war. Like Vittoria, he outlines various norms to be applied by the prince, his council, and individual soldiers. The guidelines set forth for the prince and those called into counsel are much the same as they "'Ibid., No. 487. 24. ••Francis Suarez, De Virtutibus Theologicis, Disp. XID, "On War," Sec. viii, "On Sedition," No. 821 in Selections from Three Works ed. by James B. Scott in Classics of International Law, No. 20. (Oxford: Clarendon Press, 1944), p. 855. See also Suarez, De Legibus ac de Deo Legi.slatore, Bk. III, ch. !l, in Scott, pp. 872-77. THE JUST-WAR DOCTRINE AND RESISTANCE 519 appear in Vittoria. 36 With regard to common soldiers Suarez says that they are not bound to investigate the justice of the cause but may go to war when called (possunt ire) unless it is clear to them that such a war is unjust. The argument is that when the injustice of the war is not evident to these soldiers, the united opinion of the prince and the realm is sufficient to move soldiers to engage in the proposed war. Citing Augustine, Contra Faustum 1 XXII, 75, Suarez says that subjects in doubt (theoretical doubt) are bound to obey superiors because the safer, that is, morally safer, course should be chosen, and since the prince possesses rightful authority, the safer course is to follow him. 37 Suarez, however, goes on to distinguish between negative and positive doubt. A negative doubt exists when there is lack of evidence or information concerning the moral status of the war and the individual is entirely ignorant as to the basic justice or injustice of the conflict. 38 In this situation it is more probable that soldiers may rightfully take part in the war without any examination 0£ the question (probabilius posse hos ire ad bellum, nullo examine facto), since all responsibility lies upon the prince to whom they are subject, assuming, of course, that he has a good reputation among all men. In this opinion Suarez claims to be following Vittoria and other Thomists. 39 In the presence of positive doubt, however, that is, in a situation where plausible arguments are advanced for both the justice and the injustice of the war, soldiers must make an inquiry into the .matter (obligandos ad inquirendam veritatem); if the truth cannot be ascertained they are bound to follow the course of action which is more probably just (sequi debebunt quod probabilius erit) . Individuals can sufficiently meet their obligations in this matter by consulting prudent and conscientious men, and should they discover in their consultation that there is equal ••Suarez, "On War," Sec. VI, No. 809-811; in Scott, pp. 828-831. 17 Ibid., No. 811. 8; in Scott, p. 831. ••Ibid., No. 811. 9; in Scott, p. 832. ••Ibid., No. 812. 12; in Scott, p. 836. 520 VINCENT J. GENOVESI, S. J. probability as to the justice or injustice of the cause they may conduct themselves as if the doubt were purely negative (gerere se possunt ac si dubium esset mere negativum) and take part in the war, for in this case the authority of the prince turns the scale in his own favor. 40 It should be noted, I think, that both in the case of negative doubt and in the case of equal probability as to the justice and injustice of the cause, Suarez argues simply that the individual may or can (posse) go to war; he does not say that the individual must (debet) do so. Moreover, the individual's submission to the authority of the ruler in this situation is further qualified by the condition that the latter have a good reputation among all men. The Christian tradition seems to have come a long way, indeed, from the time of Augustine who counselled obedience to thP, ruler even if he were unrighteous or ungodly. In the event, however, that an individual soldier-citizen finds arguments affirming and denying the war's justice, he then must pursue the investigation further and seek prudent and conscientious advice so that the more just course of action might he followed. But Suarez does not prejudice the issue and state in fact what the more just course of action may be. The question seems to be opened up whether the more just or the morally safer course of action is necessarily the action which is politically safer or more expedient. VII GROTIUS In the writings of the Dutchman, Grotius (1588-1645), great emphasis is placed on the natural law and the law of nations, the former of which is called the law which rational men would recognize even without God. Within this context, Grotius seems to introduce a new emphasis into the Christian tradition by arguing against engagement in war when the cause is doubtful. Interpreting faith as a deliberate judgment of mind he says that whatever is not of faith is sin. " God has given conscience a judicial power to be the sovereign guide of human actions, by '°Ibid., No. 818; in Scott, p. 836. THE JUST-WAR DOCTRINE AND RESISTANCE 521 despising whose admonitions the mind is stupified into brute hardness." 41 At work in Grotius's thinking is the necessary principle that even though an action may in reality be just, nevertheless, an individual performing the act incurs some degree of guilt if, after weighing every circumstance, he cannot reconcile the act to his conscience. When, however, two alternatives are equally doubtful and some action must be taken, the advice is that the individual must do what appears less unjust. 42 Grotius recognizes that practice and deep reflective analysis are required in order to apprehend the moral status of the cause, with the result that where men do not have this capacity themselves, they should seek counsel from those who are distinguished by wisdom and experience, because, according to Aristotle, " those things are probably just, or true, which seem so to all, or to the greater part of men of worth." This, Grotius suggests, is how sovereign princes who do not have time for study and deliberation do things; it is also the example of the ancient Romans and of the Christian emperors who consulted with bishops. 43 Thus, the implication seems to be that this same procedure of consultation ought to be followed by all men when they cannot investigate and discern the status of the proposed cause by themselves. In either eventuality, that is, when private discernment is possible and the merits of the case appear equal, or when the opinions of learned men are sought and found .equal, two contingencies arise: in matters of lesser importance one may decide either way; in matters of greater moment, where the lives of men are at stake, one must incline to the safer side. Finally, between wavering opinions the balance should incline in favor of peace. 44 Several things are noteworthy in Grotius's treatment of the course of action to be followed in trying to determine the moral 41 Hugo Grotius, De Jun Belli et Pac£s in Oliver IL J. Leigh (ed.), Universal Classics LibraT'IJ, v. 16, (Wash. and London: M. Walter Dunne, 1901), Bk. II, ch. QS, No. Q, pp. Q74-75. ••Loe. cit. •• Loe. cit., No. 4. .. Loe. cit., No. 5 and No. 6, pp. !275-76. VINCENT J. GENOVESI, S. J. status of a proposed cause. First of all, unlike Vittoria and Suarez, he apparently makes no distinction between sovereign rulers, councils, and individual subjects; all are to follow the same procedure in attempting to discover what ought to be done. Second, he urges that no military action be taken when the cause at hand is doubtful. Third, when two alternatives are present and both are equally doubtful, the advice for important matters like war is to follow the safer course but, surprisingly, there is no indication as to what that safer course is. We have seen above that the safer course was variously described as following the authority of the rightful ruler, or engaging an enemy who was possibly innocent rather than risking a betrayal of one's own state. Fourth, a new exhortation seems to be added, namely, when opinions waver, incline to peace. Finally, and perhaps most significantly, there is the explicit recognition of conscience as the sovereign guide of human actions, without the restriction of its applicability to matters only of practical, as opposed to speculative, doubt. In the light of these elements in Grotius's thinking I cannot imagine what lies behind Bainton's statement that the right of resistance to the state was repudiated by Grotius. 45 VIII REFLECTIONS ON PRESENT STATE OF THE QUESTIONS In commenting on the overall development of the history of the just-war criteria, Ramsey says that, during the first centuries of the tradition, the entire responsibility for estimating the causes, aiming at the right end, counting the cost, and so on, belonged to the legitimate governing authority. After A.D. 1000, however, the individual subject theoretically was given the responsibility for not fighting in an unjust war; the Christian, Ramsey continues, was not bound to follow his ruler provided he knew or could know that the cause was unjust or that the war would not bring a better peace; such private action was •• Bainton, op. cit., pp. 187-88, with reference to Elise Constantinescu-Bagdet, Etudes d'histoire Pacifique, Il, De Vaughban a Voltaire (Paris, 1925), p. THE JUST-WAR DOCTRINE AND RESISTANCE 528 limited to trying to persuade the prince to a different opinion or to conscientious refusal to obey, with a willingness to accept the punishment for such disobedience. 46 Why Ramsey talks in terms of " not being bound to follow " instead of " being bound not to follow " when the cause is known or can be known to be unjust, I do not understand, because the tradition is clear on this point: the Christian does not have the moral right to do what is known to be unjust; on the contrary, he has a moral duty to avoid what he knows to be an unjust course of action. In fairness to Ramsey it must be admitted that he does change his formulation of this issue when he discusses the question of whether the just-war doctrine is a teaching addressed only to leaders of a nation and military leaders, or whether the doctrine should be dealt with also by the people called to participate in war. In this context Ramsey comments that, at least since the Middle Ages, the tradition claims that a Christian ought not to yield to his superiors and engage in a palpably unjust war. 47 I would not restrict the appearance of this claim to the Middle Ages, for even Augustine only permits an individual to participate in a war at a ruler's order provided that the order is not certainly contrary to God's command, or provided that there is some doubt as to whether or not the order contradicts God's command. But certainly such provisos indicate that an individual ought not to acquiesce to an order that is known to contradict a command of God. It seems to me that in order to determine what is the proper course of action for an individual to undertake when called upon to participate in war, two questions must be addressed: are the just-war criteria intended for the consideration of the private citizen, and under what conditions may an individual refuse to participate in a war proposed by a national government? Just-War Criteria: A Guide for Private Citizens. With respect to the first question, that of the just-war doctrine's intended audience, Ramsey has suggested that in an age when war is apt ••Ramsey, op. cit., pp. 114-15. H Ibid., p. 128. 524 VINCENT J. GENOVESI, S. J .. to be total and thus unjust, we will not be able sufficiently to limit war if the church addresses its teaching only to the leaders of nations; rather, this discipline must" be addressed and inculcated so far as the church finds possible in the people generally." 48 Ramsey's comment implies that there has been some evolution of thought regarding this question, and that, while it may have been adequate in the past to direct the attention of national leaders to the just-war criteria, the doctrine must now engage the attention and consideration of private citizens as well. And yet Ramsey remained wary of the effects that presenting the just-war doctrine as a matter for private evaluation might have in the area of national security, since a government's power and right to repel injury might be seriously impaired as a result of citizens refusing to serve in war. Thus, as of the early sixties, Ramsey's contention was that we might "be forced to see the wisdom of the ancient tradition, and still largely the emphasis in the Roman Catholic interpretation of it, which held this doctrine to be primarily addressed to the leaders of nations .... " 49 Regarding Ramsey's analysis of the matter, two observations are in order. First, it should be noted that to say that the justwar doctrine is addressed primarily to national leaders acknowledges that the doctrine is addressed also to private citizens. This point is essential and needs emphasizing. The second observation is closely related to the first, namely, that since 1965 there has been a noticeable shift in the official Roman Catholic interpretation of the just-war tradition, such that much more emphasis is given to the private citizen's responsibility to consider the just-war doctrine in order to reach an informed decision concerning support or non-support for a war proposed by a national government. Let me further elaborate upon these two observations. With regard to the observation that the just-war doctrine is addressed not only to government officials but also to private '"Loe. cit. •• Ibid., p. 132. THE JUST-WAR DOCTRINE AND RESISTANCE 59l5 citizens, it should be noted that from its beginning exponents of the tradition have acknowledged either that private citizens can come to certainty that a proposed war is unjust, or that these citizens may have serious doubts and questions about such a war's justice. But the tradition did not explain the presence or origin of the private citizen's certainty or questions and doubts. Do they result directly from a revelation by God, or from an intuition arising from a kind of connatural knowledge? Barring such possibilities, the most likely explanation for a private citizen's certainty about a war's injustice, or his doubts and questions about a war's moral status, is that they result from an investigation into, and an application of, the basic justwar criteria. Quite simply, I am contending that personal recognition of the injustice of a war's cause, as well as doubts about the war's justice, necessarily and implicitly suggest the individual's concern with the criteria of just-war determination. Considering the rarity of direct divine revelation, and recognizing the fact that connatural knowledge needs to be actualized and realized in confrontation with definite empirical circumstances, I further propose that in fact that Christian tradition has always been predisposed to accept the right of the individual to investigate into·the justice of a proposed war before engaging in it. I suggest, finally, that such a predisposition on the part of the tradition was conditioned and somewhat thwarted in the past by reasons of historical relativity-the specific forms of political authority and the limited development of moral sensitivity among the world populace. The second observation concerns the fact that during the past fifteen years there has been a decided shift in the official Roman Catholic interpretation of the just-war doctrine, at least in the sense that great emphasis has been given to the importance and necessity of having private citizens concern themselves with the tenets of the just-war theory. The increase in hierarchical sensitivity to an individual's power of moral discernment in this area has been remarkable. In its Pastoral Constitution on the Church in the Modern World, Vatican II offered supreme commendation to those who resist criminal acts; blind obedience VINCE'.NT j. GENOVFJSI, S. J. cannot excuse those who yield to criminal commands which violate the principles of natural law, especially since these principles are given emphatic voice by human conscience. Moreover, the Council Fathers suggested that "it seems right that laws make humane provisions for the case of those who for reasons of conscience refuse to bear arms, provided, however, that they accept some other form of service to the human community." 50 Vatican II's statement that a person's dignity demands that he act according to a free choice which is personally motivated and prompted from within rather than under blind internal impulse or by mere external pressures, 51 was echoed by the American Catholic Bishops in their statement on peace in November, 1966 when they said that " no one is free to evade his personal responsibility by leaving it entirely to others to make moral judgments." 52 Again, like Vatican II, the American Bishops exhorted citizens to a generous and loyal devotion to their country, but they recognized at the same time a distinction between true and false patriotism and so they urged that citizens " must look simultaneously to the welfare of the whole human family." 53 Having affirmed the duty of everyone to search for alternatives to war, the Bishops went on to acknowledge that in order for people to engage in this search effectively, knowledge of the facts and issues involved is required. For this reason, the Bishops concluded: " Within the limits imposed by our national security, therefore, we must always insist that these facts and issues be made known to the public so that they can be considered in their moral context." 54 50 Pastoral Constitution on the Church in the Modern World, No. 79 in Walter Abbott (ed.) The Documents of Vatican II (New York: The America Press, 1966), p. !W2. 61 Ibid., No. 17, p. 214. ••Statement of American Bishops on Peace, Nov. 1966, appears in Catholic Mind, (Feb. 1967) and in Robert Drinan, Vietnam and Armageddon: Peace, War and the Christian Conscience, (New York: Sheed and Ward, 1970), pp. 190-94. I am using the latter source, p. 191. 5 • Chiirch in the Modern World, No. 75, p. 286 and Drinan, lac. cit. •• Drinan, op •.cit., pp. 192-93. THE JUST-WAR I'>C>CTRINE AN!> RESISTANCE 527 Two years later in their pastoral letter of November, 1968, Human Life in Our Day,. the Catholic Bishops of America spoke again in the same vein: " It is the duty of the governed to analyze responsibly the concrete issues of public policy." 55 The war in Vietnam was seen as but one example of the issues which present and future generations " will be less willing to leave entirely to the normal political and bureaucratic processes of national decision-making." 56 The Bishops recognized that some traditional forms of patriotism are "being supplemented by a new spirit of dedication to humanity and to the moral prestige of one's own nation." They affirmed, moreover, that " as witnesses to a spiritual tradition which accepts enlightened conscience, even when honestly mistaken, as the immediate arbiter of moral decisions, we can only feel reassured by this evidence of individual responsibility and the decline of uncritical conformism." 57 The Bishops concluded with the hope that in the all-important matter of peace and war all people would follow their consciences. Much more recently, in February 1980, the Administrative Board of the U.S. Catholic Conference of Bishops issued a startling statement on the proposed re-instatement of selective service registration with the subsequent increased possibility of conscription. The Bishops affirmed: that the state's decision to use force should always be morally scrutinized by citizens asked to support the decision or to participate in war. From the perspective of the citizen the moral scrutiny of every use of force can produce a posture of responsible participation in the government's decision, or conscientious objection to some reasons for using force, some methods of using force, or even some specific branches of the service because of the missions they may be asked to perform. 58 ••Human Life in Our Day: A Collective Pastoral Letter of the American Hierarchy issued Nov. 15, 1968, (Wash: U.S. Catholic Conference, 1968), Ch. 2, p. 41. The letter appears also in Catholic Mind, (Dec., 1968) and the pertinent sections are also in Drinan, op. cit., 195-210; cf. p. 205. ••Ibid., p. 42; Drinan, op. cit. 207. 37 Ibid., p. 43; Drinan, op. cit. 207-08, ••Administrative Board, United States Catholic Conference, "Statement on Reg- 528 VINCENT J; GENOVESI, .S. J. This call for an individual's moral scrutiny before supporting or engaging in a war proposed by national officials seems historic for two reasons: first, it more precis-ely affirms a right which Christian tradition had only implicitly recognized, namely, the right of private citizens to concern themselves with the just-war doctrine before acceding to the call to arms; second, the statement affirms that private citizens are called to evaluate the proposed war's moral status; in recognizing this call, the Bishops repudiate the view of Vittoria and Suarez that individual subjects or citizen-soldiers are not obligated to investigate the causes of the war. The significance of the Bishops' remark is further highlighted by Gordon Zahn: " This means it is no longer only a refusal to serve which must be justified; now the decision to accept service is to be subjected to the same requirements of moral deliberation and justification." 59 Recognizing that it will not be easy for individuals to fulfill their duty responsibly, the Bishops call upon the help of educators and they pledge the assistance of their own diocesan agencies: We also affirm that the decision to -enter military service and subsequent decisions in the line of military duty involve moral questions of great importance. Hence, the issues of registration and conscription raise questions of the kind and quality of moral education that takes place in our educational system. Specifically, it raises the question of what educational and counseling resources are available to a person facing registration or conscription. In adopting this statement of public policy on registration and conscription we call upon schools and religious educators to include systematic formation of conscience on questions of war and peace in their curricula and we pledge the assistance of appropriate diocesan agencies in counseling any of those who face questions of military service. To conclude, then, on the matter of the intended audience for the just-war doctrine: the doctrine is designed for consideristration and Conscription for Military Service," February 14, 1980. Text is in Origins, 9. 88 (March 6, 1980), 605-08. ••Gordon C. Zahn, "The Draft: An Occasion of Sin?" America, 148, 8 (August 9. 1980), 46-49 at 48. THE JUST-WAR DOCTRINE AND RESISTANCE 529 ation by both national leaders and private citizens; the right of private citizens to concern themselves with the questions regarding a war's moral status seems necessarily to be implicitly presumed throughout the Christian tradition which developed the just-war theory. l\foreover, in recent years, official Roman Catholic teaching has encouraged the use of personal responsibility in assessing the morality of war and of participation in it. Finally, in their 1980 statement the American Bishops announce the obligation, and hence the right, of citizens to direct moral scrutiny toward the nation's decision to wage war. What better way is there to engage in such scrutiny than to concern oneself with the criteria for a just-war? Conditions for Objecting to a Particular War. We turn now to the question of the conditions under which private citizens may refuse to take part in a war proposed by their government. In terms of official Homan Catholic teaching embodied in hierarchical statements, it seems accurate to say that until Vatican II there was little direct attention given to conscientious objection. In fact, in his 1956 Christmas message, Pius XII spoke with apparent force against invoking personal conscience as the basis of one's refusal to serve in defense of one's nation: If therefore a body representative of the people and a government-both having been chosen by free elections-in a moment of extreme danger decide, by legitimate instruments of internal and external policy, on defensive precautions, they do not act immorally; so that no Catholic citizen can invoke his conscience in order to refuse to serve and fulfill those duties the law imposed. On this matter we feel that we are in perfect harmony with our predecessors.60 By way of explaining the rigor of this proscription, John Connery has suggested that we must remember that the statement was made at a time when" a certain paralysis of will was creeping over Europe .. ., a spirit of defeatism characterized by the slogan 'better Red than dead'," so that "one would have to conclude that conscientious objection in this context might be •• Catholic Mind, 55 (1957) , 176. 530 VINCENT J. GENOVESI, S. more of a reflection of despair than of any well-ordered attachment to peace or justice." 61 It is difficult to know how adequate or accurate Connery's explanation is, but the Pope's statement does seem rather out of line with respect to the developing justwar theory whose history we surveyed earlier in this essay. Moreover, Pius XII's position appears forgotten by the American Bishops in their February 1980 statement, where they see the question of conscientious objection " as a central element in Catholic teaching on the morality of war; "the Bishops" support the right of conscientious objection as a valid moral position, derived from the Gospel and Catholic teaching .... " In point of fact, most Roman Catholic theologians would agree with the view expressed by John Courtney Murray: " Strictly on grounds of moral argument, the right conscientiously to object to participation in a particular war is incontestable." 62 The question needing more attention and discussion is when does this right become operative, when is the individual permitted to exercise this right and refuse participation in war. According to Ramsey, it is difficult to call in question that conservative interpretation whereby the Christian should favor "what his leaders say over his own judgment unless he is absolutely sure in his own conscience." 63 Ramsey's formulation is ambiguous. What exactly is it that the Christian must he sure of, that the war is unjust or that he at least should not participate in it? I will offer an answer to this question later, but for now let it be said that most theological opinion in recent times has called for certainty that the war is unjust before the individual can conscientiously dissent. Much of the discussion regarding conscientious objection occurred during America's involvement in Vietnam. In 1967 a group of Catholic, Protestant and Jewish divinity students 61 John R. Connery, S.J., "War, Conscience, and the Law: The State of the Question," Theological Studies, 31, 2 (June, 1970), 288-300 at 292-93. 62 John Courtney Murray, S.J., "War and Conscience," in James Finn, (ed.), A Conflict of Loyalties. The Case for Selective Objection, (Indianapolis: The Bobbs-Merrill Company, Inc., 1968), 19-30 at 25. 68 Ramsey, op. cit., p. 128. T'.JIE JUST-WAR DOCTRINE AND RESISTANCE 531 gathered at a Seminarians' Conference on the Draft; a statement was later issued which asserted: " The spirit of these principles [of the just-war doctrine] demands that every war be opposed until or unless it can be morally justified in relation to these principles." John Courtney Murray retorted: "The dear seminarians have got it backward." He went on: " The truth, therefore, is contrary to the statement of the seminarians. The citizen is to concede the justness of the common political decision, made in behalf of the nation, unless and until he is sure in his own mind that the decision is unjust, for reasons that he in turn must be ready convincingly to declare." 64 It seems that Murray's view represents something of a consensus among Christian theologians. According to James Childress: In all political orders the subject has a moral right/duty-although not a legal right-not to fight if the war is manifestly unjust. And in a democracy the citizen is ruler as well as subject and thus has a greater responsibility to apply these criteria to war. As subject, however, his presumption ought to be that the authorities, if they are legitimate and have followed proper procedures, have decided correctly. 65 Connery expressed his view similarly: Once a decision has been made by the political community to resort to armed force, it should be considered as just and should be supported until and unless it is judged clearly unjust by an individual conscience. Moralists have traditionally held that the presumption is in favor of the decision of the political community and that no individual conscience may go against it unless the injustice of the war is evident to it. So, rather than an obligation to oppose a particular war until or unless it can be morally justified, the obligation of the individual is to support it until he is sure that it is uniust.66 ••The seminarians' statement and Murray's response appear in Murray, op. cit., pp. 26-7. 65 James F. Childress, "Just-War Theories: The Bases, Interrelations, Priorities, and Functions of Their Criteria," Theological Studies, 89, 8 (September, 197S), 427-45 at 486. This is the view also of Paul Ramsey, The Just-War: Force and Political Responsibility (New York: Scribner's, 1968), pp. 274-75. 66 Connery, op. cit., pp. 296-97. ·VINCENT J. G'.ENOVESl, S. J. I would like to suggest that there are two challenges to this theological consensus; one challenge arises from the history of the just-war doctrine, while the other springs from the recent statement on registration by the American Bishops. With respect to the first challenge, it will be noted that, in order for an individual to object conscientiously to participation in war, recent theological speculation has maintained variously that " the individual must be sure that the war is unjust," or that "the war's injustice must be evident," or that "the war must be clearly or manifestly unjust." Such formulations appear unaffected by the reflections of Suarez and Grotius. Suarez described a situation which I would think would characterize the predicament of most Americans who might be called to participate in war, namely, the situation of positive doubt, where plausible argumentation exists for and against the proposed war's justice. In this situation Suarez counseled the individual to pursue the investigation further, even consulting others who themselves are prudent and conscientious. If it should occur that the individual can discover no more than equal probability as to the justice or injustice of the war, then, according to Suarez, he can participate in the war, relying on the authority of the ruler of good reputation. If, however, the truth cannot be definitively ascertained, the individual ought to do what is more probably just or morally safer. I take this to mean that Suarez allows for the possibility of conscientious objection to participation in war in that situation where, after careful investigation and consultation, one finds that the arguments for the war's injustice are stronger than those on behalf of the war's justice, but still does not enjoy certainty in the matter. Grotius's advice is that in doubt one should do what is less unjust, and that in determining this, the individual should consult with wise and experienced people; moreover, in an important matter like war where human lives are at stake, when the arguments or merits are equal, the individual should follow the safer course; the individual should finally incline to peace when he is wavering. The Christian tradition has firmly maintained, TlIE JUST-WAR DOCTRINE AND RESISTANCE 53S of course, that in " doubts of fact," a person should always follow the morally safer course of action. What a person decides to do, however, necessarily depends upon how he formulates the issues or values involved in the alternative actions facing him. Thus, for Vittoria, as we saw earlier, in doubt it is safer to follow one's ruler into war since "it is more serious to risk betraying one's state than it is to fight against a supposed enemy despite one's doubts about the justice of :the enterprise." But the alternatives might reasonably present themselves in quite different terms. For example, an individual in doubt might reflect: " It is morally safer to resist participation in this war because it is less unjust to engage in unwarranted civil disobedience than to participate in unjustified killing under the urging of the government; civil disobedience is a lesser moral evil than the unjustified killing of innocent people." It seems to me, then, that in demanding of the individual that he " be certain" of a proposed war's injustice before engaging in conscientious objection to it, theological consensus may be requiring too much. I suggest, rather, that he should not participate in a proposed war, even though he is not sure or certain that the war is unjust but can present arguments that incline more heavily toward the war's injustice than toward its justice. It is important for the theological consensus to stress this point: that an individual may remain in a state of speculative doubt such that a proposed war appears more unjust than just, or that there are reasonable doubts about the war's justice, but still come to certainty, in the order of practice or action, that he cannot morally participate in that war. Let us look bridly now at the challenge which I see as being presented to the theological consensus regarding conscientious objection by the recent statement of the American Bishops on registration. For Connery, as we saw above, a government's decision to resort to war enjoys the presumption of truth and justice so that the burden of proof lies with the conscientious objector. This means that, " rather than an obligation to oppose a particular war until or unless it can be morally justified, the 584 VINCENT J. GENOVESI, S. J. obligation of the individual is to support it until he is sure that it is unjust." In the words of Murray: "The citizen is to concede the justness of the common political decision . . . unless and until he is sure in his own mind that the decision is unjust .... " In the American Bishops' statement there is no talk of the government's enjoying the presumption of truth and justice, no talk of the individual bearing the burden of proof for resistance, no talk of the individual having an a priori obligation either to oppose the proposed war or to support it. The document speaks, rather, of" the right of the state to call citizens to acts of ' legitimate defense '," and of the corresponding duty "each citizen has to contribute to the common good of society, including as an essential element, the defense of society." With this context established, the Bishops go on to say that from the perspective of the individual citizen, " a posture of responsible participation in the government's decision, or conscientious objection ... "results from the citizen's "moral scrutiny of every use of force." The Bishops seem to be warning the individual citizen to avoid either facile acquiescence in the government's decision or hasty resistance. In taking this tack, they appear to be distancing themselves not only from the 1967 statement on the draft by the seminarians, but also from the position forwarded by Ramsey, Murray, Connery and Childress. It is difficult to know, of course, all that the Bishops had in mind, that is, all their assumptions and presuppositions; one wonders, too, whether or not they deliberately intended to set a new direction for Roman Catholic thinking on this issue of conscientious objection. At any rate, by my reading of the Bishops' statement, the individual, by a process of moral scrutiny and evaluation, must come to some judgment about the government's decision before either supporting it or rejecting it. Both acquiescence and resistance require justification by the citizen; the individual carries a burden of proof in either case. It will be no easy matter, however, for the private citizen to subject the government's decision to resort to armed force to an honest, open and objective moral scrutiny if, as theological con- THE JUST-WAR DOCTRINE AND RESISTANCE 535 sensus has maintained up to now, he must also remain predisposed to accept the government's decision because of its enjoyment of the presumption of truth and justice. Too easily and too quickly, I fear, such pre-disposition will give way to prejudgment, and effective moral scrutiny will be aborted. Legal Recognition for Selective Conscientious Objection. As we have seen, theological consensus concedes that an individual's moral right to selective conscientious objection is incontestable; this means that an individual may morally object to participation in a particular war which he conscientiously judges to be unjust, without being at the same time a professed pacifist, who rejects all war or violence of any kind. The question, however, that has sparked discussion since the late sixties is whether this moral right should he given legal recognition. In a provocative treatment of this issue, political scientist John Rohr reached two conclusions: first, that an individual has no constitutional right to have his selective conscientious objection legally accommodated so that he be exempted from any penalties incurred for civil disobedience; second, that as a matter of public policy, legal recognition of selective conscientious objection would not be in the national interest, not only because it would seriously jeopardize the government's ability to fulfill its duty to protect society, but also because there is no way to distinguish, in principle, between selective conscientious objection to military service and other forms of SCO-for example, opposition to compulsory vaccination, to racial integration, or to payment of taxes. 67 It is with regret that Rohr decides to invoke " the principle of ' the lesser evil ' to justify the painful course of stoning our prophets now and building our monuments in happier times." 68 67 John A. Rohr, Prophets Without Honor. Public Policy and the Selective Conscientious. Objector, (Nashville: Abingdon Press, 1971), pp. 134-65. 68 Ibid., p. 184. Quentin L. Quade, also a political scientist, reaches the conclusion that " selective objection could be adopted by this nation without serious social disruption ... " and thus urges legal recognition of SCO. See "Selective Conscientious Objection and Political Obligation,'' in Finn (ed.) A Conflict of Loyalties, pp. 195-218 at 216. 586 VINCENT J. GENOVESI, S. J. Several theologians have written in cautious support of selective conscientious objection being given legal status. Ralph Potter contends that such legal action would benefit the country as a whole by helping to upgrade and refine the level of political and moral discourse regarding war. 69 Ramsey has taken issue with Potter's contention and has argued rather that legal recognition of SCO presupposes and demands an already-existing high level of political and moral discourse. 70 Ramsey observes further that, "just as not every vice is a fit subject of criminal legislation, so also not every virtue or conscientious action may under given circumstances be a :fit subject of legal protection." 11 Nonetheless, Ramsey does wind up suggesting the possibility of legal recognition of SCO, at least in a modified form. He proposes that exempt status might be granted to those who base their objections to a particular war not on an evaluation that the overall "cause" of the war is unjust, but rather on a determination that the war is being conducted unjustly, or that the " acts of war are being ' aimed indiscriminately ' and are in direct violation of the moral immunity of non-combatants from direct, intended attack." Ramsey asks, in other words, that exempt status be granted at least to individuals whose basis for selective conscientious objection has more to do with the proper conduct of a war (jus in bello) than with the nation's right to wage war (jus ad bellum) . His reason for excluding " jus ad bellum" objectors from exempt status is his fear that their judgments, although equally embodying moral claims, " would not be distinguishable from merely political opposition to a particular war or from disagreement with the general course of the nation's foreign policy." 72 In 1967 John Courtney Murray was one of the dissenters from the Report of the National Commission on Selective Service which recommended against the inclusion of selective conscientious objectors in the legally recognized and protected ••Potter, op. cit., p. 94. '"Ramsey, Tke Just War, pp. 95-6. n Ibid., p. !!74. u Ibid., pp. 126-129. THE JUST-WAR DOCTRINE AND RESISTANCE 587 category of conscientious objectors. 73 Not long after this, Murray seemed to he having second thoughts on the issue, not that he doubted the propriety of his position in principle, but simply that he began to wonder whether the time was propitious for legally recognizing SCO in view of the then-current level of political and moral sophistication: "Therefore, the final question may be whether there is abroad in the land a sufficient measure of moral and political discretion, in such wise that the Congress could, under safeguard of the national security, acknowledge the right of discretionary armed service. To cultivate this power of discretion is a task for all of us." 74 In view of the tempered support which theologians have given to the idea of legal recognition for SCO, the stance of the ican Bishops is noteworthy. As early as 1968 they recommended that the Selective Service Act be modified so as to grant military exemption not only to pacifists who are opposed to war in any and all forms, but also to those " whose reasons of conscience are more personal and specific." Their position is that the Selective Service Act should make it possible, although not easy, for selective conscientious objectors to refuse-" without fear of imprisonment or loss of citizenship "-to serve in a war which they judge to be unjust. 75 In their 1980 statement on registration and the draft, the Bishops are even more explicit and forceful; they profess their certainty regarding " the moral validity of selective conscientious objection," and they" support 78 In Pursuit of Equity: Who Serves When Not All Serve? Report of the National Advisory Commission on Selective Service (Washington, D.C., 1967), 48-51. 74 Murray, op. cit., pp. 28, 30. 75 Human Life in Our Day, p. 44; Drinan, op. cit., p. 208. For the positions of other churches on the question of conscientious objection see Religious Statements on Conscientious Objection compiled by the National Inter-religious Service Board for Conscientious Objectors, 550 Washington Building, 15th and New York Ave., N.W., Wash., D.C. 20005: The Lutheran Church in America and the Lutheran Church, Missouri Synod, call for similar modification of the S.S. Act. It is interesting to note that Karl Barth allows only for selective conscientious objection, and not for any conscientious objection which rests on an absolute refusal of war, that is, on radical pacifism; see his Church Dogmatics, Vol. III (Edinburgh: T. and T. Clark, 1961), Part 4. pp. 466-70. The American Bishops issued another strong statement on CO and SCO on October 22, 1971. 588 VINCENT J. GENOVESI, S. J. the right of selective conscientious objection as a moral conclusion which can be validly derived from the classical moral teaching of just-war theory." After affirming that "a means should be found to give this legitimate moral position a secure legal status," the Bishops conclude: " we would welcome a dialogue with legislators, lawyers, ethicists and other religious leaders about how to transpose this moral position into effective legal language." 76 Apparently the Bishops are of the opinion that the nation's citizenry has "come of age," that at last the level of political and moral sensitivity is such that people are capable of informed and responsible decisions regarding war and military service, that the effects of such decisions can be borne by the nation without threat to its ultimate meaning and wellbeing, and that therefore the government should grant legal status to selective conscientious objection to military service. I conclude this essay by listing what I consider to be its significant points: 1. Historically, the just-war theorists never meant to deny the right of private citizens to give personal consideration to the criteria for a just war before deciding upon the proper moral course of action. Although acknowledgement of this personal right seems implicit throughout the development of the justwar doctrine, there appears to be no explicit affirmation of the right nor encouragement to exercise it. 2. Within the last fifteen years especially, the emphasis of official Roman Catholic teaching has shifted so as to announce explicitly this right of citizens to assess personally a war's morality before assuming a stance either of support or resistance. In fact, this moral scrutiny is now seen practically as a citizen's moral duty, a view which contradicts the opinion of Vittoria, who absolved private citizens of any obligation to examine the causes of a war before becoming associated with it at the ruler's command. Suarez also maintained this position, at least when the condition of negative doubt prevailed. •• Origim, p. 607. THE JUST-WAR DOCTRINE AND RESISTANCE 539 3. Recent official teaching of Roman Catholicism has forcefully proclaimed the traditionally recognized right of selective conscientious objection as a validly drawn moral conclusion of the historical just-war theory. 4. If we consider the opinions of classic just-war theorists like Suarez and Grotius, the conditions for an individual's responsible dissent from a particular war appear to be set too rigorously in the formulations of theologians like Ramsey, Murray and others when they require that a person have certainty that the war is unjust. I suggest that an individual can legitimately conclude that resistance to a war is required not only when that war is certainly, manifestly and evidently unjust, but also when the individual, after careful investigation and honest consultation, retains substantial or significant doubts about the war's justice and can support his inclination to judge the war unjust with plausible argumentation. 5. In urging most recently that citizens are called to give moral scrutiny to the state's decision to use force, the American Bishops omitted-deliberately or unintentionally, I do not know-any reference to the government's cause enjoying the presumption of truth or justice. The individual is represented as bearing a burden of proof not only for resisting the government's decision, but also for supporting it. Personal moral scrutiny must provide justification for either course of action. This appears to expand the scope of personal responsibility. Moreover, if the Bishops meant to imply that the citizen's moral scrutiny must be conducted within a context of the government's claim to presumptive truth and justice, they must attend further to the manner of reconciling this claim with the individual's duty to scrutinize honestly and without inducement to pre-judgment. If, however, the Bishops meant to reject the idea of the government's claim to presumptive truth and justice, this would represent a major reversal in thinking with respect both to the classic just-war theorists and to the modern theological consensus of main-line Christianity. 540 VINCENT J. GENOVESI, S. J. 6. Although some prominent American theologians have given only qualified support to the idea 0£ legal exemption £or selective conscientious objectors to war, the American Bishops since 1968 have pleaded, on the basis 0£ a moral right derived from the just-war theory, that selective conscientious objection, at least with respect to military service, should enjoy legal recognition and protection. So far, the government has turned a deaf ear. VINCENT St. Joseph's University Philadelphia, Pennsylvania J. GENOVESI, S.J. LANGUAGE AND MAN: ARISTOTLE MEETS KOKO I. The Problem. HE QUESTION BEING asked here is whether in the ight of recent successful experiments teaching chimpanees and gorillas the American Sign Language and other means of communication it remains correct to define man as, in Aristotle's way of putting it, ' Christianus (Einsiedeln, 1970), 217-218, "Der Neuplatonismus kann die Sphare des pails, die Sphare der rein denkerisch erfassbaren, ein geistiges Geftige bildenden, Begriffe und Seinsinhalte als eine, unter dem Bereich der iibergriffiichen, nur erlebnismassigen Erkenntnis des Absolutums stehende, niedrigere Sphare betrachten; wenn Augustinus dies ebenso in bezug auf .., Cl) •ri .-< .,.; ""'""'l Q) ..-< .0 Cl) .... •ri ;:l O" ..-< <11 Q) 0 .._, ...... ...... e $ .-< .-< Cl) Ill 3 (Synchroni c (Sequentia 1 (Processiv e Schematization of the Dynamic Components of Complex We's. In a sense each simple we is a genus (though of course much more than a classificatory device) and each factual we an account of individuals which fall under the genus but are related distinctively apart from that genus. This chart supplies a skeletal structure for an_investigation of social realities, ranging from the social psychology of the family to the complex wholes of the science of political economy. i. A simple social we prescribes a way in which men are supposed to associate with one another. (a) The men governed by this social we associate with one another in ways other than that specified by the simple social we. (b) They are also related to one another in some sense as equals apart from the association prescribed by the simple social we. Though conditioned by the simple social we, the actual interrelations of human beings making up a factual we include (c) specific formal relations (structural functions), (d) greater or lesser distances from one another, (e) temporal relations, (f) causal connections, and (g) comparative values opposite one another. Each form of actual relation interplays with the form of association prescribed by the simple social we, more or less conditioned by and supporting it in the resulting complex. DANIEL :DAHLSTROM ii. A simple equitable we is a "principle of impartiality," according to which everything governed by it is on a footing as part of that we. iii. A simple organizational we " provides a rule according to which various positions, roles, functions, duties, and privileges are assigned." For example, a team specifies a potentially winning combination of personalities, talent, and activities for its players, although the team's success depends as much on those actual interrelations among its players. iv. The spatially distributive we ranges over members of the we at different locations while its members may be primarily interrelated in spatial or non-spatial ways. Thus, a baseball team specifies (along with the league office} where during the season its members play, and where on the field players are to be positioned, although this, too, is more specifically modified by the score, who is pitching, positions of other fielders and so on. v. There are three sorts of temporally distributive we's depending upon whether what is distributed is co-present (" synchronizing ") , sequential, or both sequential and co-present (" processive ") . For example, when the manager speaks of his team he may be referring only to those co-present, to those who have belonged to the team at different (or for different lengths) of time, or to those who are co-present from one time to the next. To its fans, a baseball team usually is a processive we in the sense that the team includes several new members and loses old ones over the course of a season. Yet it retains its conditioning effect on a group co-present for the sequence beginning with spring training and ending in autumn. vi. A simple transactional we is a constitutive cause, that remains a program of operations if unapplied. Apart from it, interrelations of the factual we need not conform to that specified by the transactional we. A player's double causes the winning run, i.e., his hit permits a teammate to score from third. The hit and the scoring ai·e and must be at different places and times, thus both reflecting factual and simple spatially and temporally distributive we's. At the same time the pairing of this causal sequence or the recognition of the player's hit and his teammate's scoring as being equally causal units (someone had to get to third before that player came to bat) presupposes that they are on the same team (governed by the simple equitable we} and that they carry out the operations specified by a simple transactional we. vii. A simple assessive we ranks what it governs, viz., a factual we with its own evaluations. A baseball team clearly values an all-star pitcher over a reserve infielder, although apart from the interests of the team individual players may have a much higher personal regard for the infielder than for the pitcher. 5. " They and the Others." The expressions ' they ' and ' the others ' refer to groups outside oneself or one's own group. But whereas a they has a status of its own and sustains the others, the others by themselves are always relative to a negation by an I or We. Once identified, the they can PAUL WEISS'S METAPHYSICS OF HUMAN EXPERIENCE 607 be joined or avoided, can be specified in terms of individuals or groups, can serve as a standard or judge (" What will they think? ") , and can be more or less vaguely distinguished from the others. The they also, unlike the others, can negate what negates it. Nonetheless, the they remains indeterminate and can only be reached through the others. These brief sketches of the meanings of ' they ' and ' the others ' indica,te a certain ontological priority attaching to the former and an epistemological priority to the latter. The only path to the they, the others can be viewed from two vantage points, which largely demarcate the final chapter of You, I, and the Others. The other may be entertained (a) relatively as the terminus of negations and (b) in its non-relative status as sustained by a they. (a) The account of the relativized status of the others follows the familiar pattern of the finalities. The negating may have a contrastive terminus; that is, the others are set in contrast with the negator. What accommodates this negating, the terms lying beyond it, may be held onto and thus is an attributed terminus. Attribution (and with it negation) is not primarily epistemic, an act of human consciousness, but ontological, characteristic of animals, plants, and inanimate things as well, making a difference in the world in the act of negating and thus relating to others. What is negated in a sense belongs to me as something needed for my completion. Of course, grounded in an independent they, the others can no more be fully possessed by me than I can be possessed by them. The others are always at a distance away from us, there and not here. This negation terminating at a distance involves the tacit acknowledgment that my or our here is a there for others. On this view negation is not a purely formal operation but a positive relation having real termini. Negating has a temporal role as well, pointing to what is completely determinate, the past, and what is inescapably indeterminate, the future. Negating also separates cause and effect, and the others may have a causal role, i.e., the role of an effect, if sustained by a they. The others approached by negation have an indefinite value compared to the value an I or a they takes itself to have. Thus, the others may range over everything other than myself, and that other may appear to me as a great positive or negative value. At the same time the others has a value not only in relation to me but also in relation to their sustaining they. In both cases, an I and a they can misconstrue the value of others. (b) The others, sustained by a they, surround me with something insistent on its own terms and in its own way. "They make up a single world of nature," an insight underlying the attempt of science to be objective by taking the others to be " the measure, base, and possessors of all else." (357) The overriding thrust of You, I and the Others indicates the limitations inherent in such an attempt, for this takes no account of an I, and neglects the insistent realities of actualities, even they's and you's, as 608 DANIEL DAHLSTROM well as their interaction with common conditions (finalities and their derivatives). On the final pages of You, I and the Others Weiss attempts to provide an account of my body which is included in the meaning of 'the others' and is the locus from which all other bodies are faced. Weiss identifies three predominant perspectives for the account: i. my physical and biological body, ii. my human body, and iii. my lived body. i. As something physical, and biological my body is in the cosmos with other bodies and this affiliation may be more or less congenial or antagonistic (a fact perhaps most abstractly formulated in terms of laws of attraction and repulsion). Nonetheless, viewed physically as well as biologically, this body has a distinctive unity, irreducible to an aggregate of particles, and co-ordinated with others in a unique manner. The reality of each body as a separate unit insures that this togetherness is never a single state of affairs" in which all are just with one another in a single totality." (363) My physical body does belong to the organization of the and can be explained as a complex in relation to other bodies within a totality. "My heart is to be understood as subject to my body, at the same time that it is to be understood in relation to what is ouside that body." (365) As my physical body can be explained by its relation to other bodies in the cosmos, so my body like any other is in a location mainly determined by other bodies (though all occupied places are symmetrically related). Thus the occupation of a particular region of space is rather precarious. In its location, however, my physical body has its own present moment distinct from the present in which it continues to be with whatever else there is. The distinctive stretch of its own present, like that of a state or a musical piece, is a delimited portion of a common present with which it interplays. Though it faces bodies present to it, my physical body is the effect only of past bodies. Thus, my physical body is causally indifferent to its contemporaries, though it is affiliated, co-ordinated, and organized with them and may make a difference to what is to come. As unified, physical bodies have values, though this varies to the extent that that unity is comprehensive. From this perspective, a single physical body, e.g., my body, has little value compared with all bodies together. Yet at the same time the value of a comprehensive unity presupposes distinguishable physical bodies. ii. A human body is a physical and biological body with a unique character and origin. To grasp human bodies on their own terms, it is necessary to attend to properties such as color and gender. These often persistent " accidents " make a serious difference to the way the body functions and to the way men interrelate, though no particular accident is always necessary. These accidents bespeak contrasting affiliations and co-ordinations among human bodies as human and between human and non-human bodies. The human body makes distinctive demands on its human and nonhuman environment and is highly (though never completely) successful in PAUL WEISS'S METAPHYSICS OF HUMAN EXPERIENCE 609 altering that environment to have those demands realized. " The world is humanized at the same time that it is faced as resisting and defying the humanization." (377) In humanizing its world, the human body makes claims to be and to develop. These claims are the rights of man recognized by a variety of institutions (law, politics, technology, medicine, and economics). A human body has, in addition to distinctive rights, a distinctive rationale or nature independently of its relation to other bodies. As evidenced by such concepts as property, tools, and food, the human body not only has a distinctive space but humanizes the spatial region it shares with other human and non-human bodies. Similarly each human body has a temporal rhythm and span concurring with and yet functioning independently of the humanized times of histories (e.g., histories of art, politics, philosophy, religion) as well as the times of non-human bodies. The workings of institutions such as law or an economic system can be understood only by attributing to human bodies a distinctive causation operating " between accountable sources and relevant outcomes, and not simply between antecedent causes and rationally derivable or likely effects." (383) Causality, like space and time, is humanized although these dimensions of existence are never completely controlled by human bodies (consider the economy). In a similar way a human body has one value in itself, another as related to other human bodies, and yet another value in comparison with non-human bodies. iii. In addition to a physical body and to a human body, a human being has a body he or she personally lives in in a way unable to be understood in bodily terms alone. This notion of a lived body is Weiss's attempt to formulate an alternative to the view that a body is possessed by a soul, self, or mind. By personalizing what it confronts, a lived body orients whatever else there is (including the resistance of others) towards itself. What this generally means is that others are credited with roles relative to their usability by that lived body. This personalized world is not to be understood as an addition to what is cosmic or as a denial that what is other is independently sustained. But despite their status beyond a lived body's capacity to dominate, the fact that others are more or less controllable confirms the lived body's independent reality. This independent reality suggests, too, the limits of scientific explanations of human beings in non-human terms. Since other lived bodies are co-present and everything else is caught within its lived present, a lived body has neither antecedent causes nor subsequent effects. Rather the lived body is itself in a process of causation, beginning with a determinate content and ending with the body's determining. From its perspective, a particular lived body alone has intrinsic value as it orders the values of everything else relative to it. Of course, adopting this stance exclusively is at odds with the central insights of Weiss's meta- 610 DANIEL DAHLSTROM physics, which recognizes that values are intrinsic to whatever is, though they can be dealt with differently. Overpowered by their own interests, men do generally have difficulty articulating objective values. But truth and error depend, Weiss contends, on the existence of those values. II I. Though I find Weiss's distinction of accountability and responsibility extremely insightful, I am troubled by aspects of his account of responsibility. Weiss holds that all human beings are accountable, but not necessarily responsible for all their actions. They are accountable because the actions can be traced back in some sense to their bodies but they are not :necessarily responsible because they are not always in control of or capable of completely supervising their bodies or the consequences of bodily actions in a contingent world. Yet, Weiss adds that "for whatever they are held accountable, they are to some degree responsible, since they do possess and use their bodies. Even if they do and say things unintentionally or act in ways which differ from what they intended, they still deserve praise or blame for whatever they privately began." 4 (81) My perplexity concerns the claim that someone deserves praise or blame for something privately begun yet without intention. Do you deserve praise or blame if the foul ball you hit knocks someone out in the third row? Weiss identifies the" proper referent" of praise or blame as" a responsible initiator of acts" and it is clear from the earlier remarks that such responsibility does not require intention on the part of that private initiator. But I fail to see why you are responsible, though you may well be accountable for actions you do not intend. 5 My emphasis on the necessity of intention does not mean that you may not be responsible for actions for which you ought to have had an intention. Aristotle's theory of mixed actions comes to mind. In such mixed actions (e.g., jettisoning cargo to save a ship in a storm, performing an unsavory act at the behest of a tyrant who threatens the life of your children, or acting under the influence of alcohol or drugs) you are compelled to act. Nonetheless, such actions, Aristotle would say, are more free than not because either you can still conceivably refuse to act or you are responsible for the state of compulsion you are in. Weiss's account of responsibility without intention may be meant to cover such cases. But it seems to me that even here praise 4 A little later he adds: " A proper referent of praise or blame is a responsible initiator of acts, the director and user of a body, a self-maintained private origin of what is available to others." (81) later in the text Weiss writes that "only men are responsibly free, accepting as their own the you that may be held accountable for what is publicly produced." (75) This passage seems to suggest that in fact for responsibility some sort of intention or consciousness is required. PAUL wm1ss's MElTAPHYStCS OF HUMAN EXPERIENCE