Page 2279 - war-and-peace
P. 2279

A  sinking  man  who  clutches  at  another  and  drowns
         him; or a hungry mother exhausted by feeding her baby,
         who steals some food; or a man trained to discipline who on
         duty at the word of command kills a defenseless manseem
         less guilty, that is, less free and more subject to the law of ne-
         cessity, to one who knows the circumstances in which these
         people were placed, and more free to one who does not know
         that the man was himself drowning, that the mother was
         hungry, that the soldier was in the ranks, and so on. Simi-
         larly a man who committed a murder twenty years ago and
         has since lived peaceably and harmlessly in society seems
         less guilty and his action more due to the law of inevitabil-
         ity, to someone who considers his action after twenty years
         have elapsed than to one who examined it the day after it
         was committed. And in the same way every action of an
         insane, intoxicated, or highly excited man appears less free
         and more inevitable to one who knows the mental condi-
         tion of him who committed the action, and seems more free
         and less inevitable to one who does not know it. In all these
         cases the conception of freedom is increased or diminished
         and the conception of compulsion is correspondingly de-
         creased or increased, according to the point of view from
         which the action is regarded. So that the greater the con-
         ception of necessity the smaller the conception of freedom
         and vice versa.
            Religion, the common sense of mankind, the science of
         jurisprudence, and history itself understand alike this rela-
         tion between necessity and freedom.
            All cases without exception in which our conception of

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