As a matter of fact, where our
definition of duel is verified, and weapons in themselves deadly are
used, the encounter cannot be other than dangerous, especially between
foes and where the blood is up. In the French army, where the
regimental fencing-master stands by, sword in hand, ready to parry any
too dangerous thrust, serious results still have occurred. If any man
will have it that short smooth-bore pistols at forty paces in a fog
are not to be counted dangerous weapons, all we can say is that MM.
Gambetta and De Fourton, the one being nearly blind, and the other
having lost an eye, did not fight a duel. In a duel then the danger of
being killed and of killing is _directly_ willed; it is the precise
_means chosen_ to the end in view.
5. We have proved already that it is not lawful directly to procure
one's own death, nor the death of another innocent man. If any one
contends that his antagonist is not innocent, not even in a
_political_ sense (c. ii., s. i., n. 2, p. 203), we must here assume
against him, what we shall afterwards prove, that the guilty are not
to be _directly_ put to death except by public authority.
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