War, Violence, and Law

 by Joe McCarthy

 

Characters of the Dialogue
Bazarov
Paco P. Pussyfoot
 
Paco P. Pussyfoot.  You don't seem to understand, Bazarov, that people want peace. Violence never solved anyone's problems.
 
Bazarov. Violence certainly solved the American colonists' problems with Britain.
 
Paco P. Pussyfoot. Yes, but that isn't the same.
 
Bazarov. Why?
 
Paco P. Pussyfoot. It just isn't. Besides, war and violence destroy lives.
 
Bazarov. Naturally. But pacifistic hopes have proven illusory. You can therefore recognize life as it is or as you think it should be.
 
Paco P. Pussyfoot. Bazarov, the fact is, war can only destroy.
 
Bazarov. It can be the spur for much innovation as governments concentrate resources to create new technologies.
 
Paco P. Pussyfoot. Maybe, but you must admit that war, on the whole, has done great harm.
 
Bazarov. Some of the great civilizations have come into being through war or as a consequence of it.
 
Paco P. Pussyfoot. No way.
 
Bazarov. You're familiar with the Roman Empire? Also, Hellenistic civilization, brought into being by Alexander's conquests, created many great things, including the founding of Alexandria and the great works it led to.
 
Paco P. Pussyfoot. And you defend violence too...
 
Bazarov. In certain circumstances, yes.
 
Paco P. Pussyfoot. But you even defend it if it breaks the law.
 
Bazarov. When you and I speak of law we aren't speaking of the same thing.
 
Paco P. Pussyfoot. How is that?
 
Bazarov. You see law in terms of positive law. I do too, but only as a subsidiary to a higher law.
 
Paco P. Pussyfoot. Which is?
 
Bazarov. The law of self-preservation. This is the highest law which all positive law must conform to. To the extent that it does it is to be obeyed. To the extent that it doesn't, it isn't.
 
Paco P. Pussyfoot. Give me an example of an instance where positive law should not be obeyed.
 
Bazarov. A good example would be if a people are threatened with destruction in rigidly adhering to positive law. Positive law is formulated with the needs of the community in mind. If at any time it comes to be a threat to said community it must not be obeyed. Again, positive law must be conformity with the higher law: the law of self-preservation. If it fails in this test, a people's existence demands that they defy it as illegitimate.