Defining the Greater Good
I'm not saying that letting Gabrielle die would have been a "wrong" choice - issues like this are far more complex than simple black and white. This is where the muddy moral ground develops.
The difference between Xena and Gabrielle can be seen when comparing Legacy to Locked Up & Tied Down. In the latter, Gabrielle makes her argument and lives with the decision handed down by the court - she lives within the law, inside the boundaries society has laid down. Thus, when a similar situation develops in her life, she accepts what the law - and society - say is the right thing.
Xena, on the other hand, has lived outside the law for years. She has, in almost classic hero fashion, defined her own law by what she believes is right. Even in her "evil warlord" days, she was driven by that personal ideal - it was simply twisted as a result of those she came into contact with.
Wait a minute, I hear you saying. In Locked Up, Xena meekly accepted the decision of the court as well. Doesn't this fly in the face of everything you've just presented? Not really, and there are two reasons why.
First, Xena was on a heavy-duty atonement kick at that point in season four. Her recent encounter with Najara (in Crusader) had gotten her thinking that it may be best for Gabrielle to not stay with her anymore - especially in light of the vision that ran as an undercurrent throughout the fourth season. By accepting the decision of the court, she was doing what she thought was best for Gabrielle.
Second, the crime Xena thought she was being punished for occurred back in her younger, "evil" days. This is different from Gabrielle's crime in Legacy, where she believed she was saving somebody's life.
In the end, Gabrielle's rescue is justified, and the theme of forgiveness and breaking the cycle of vengeance is reaffirmed. Gabrielle and Tazere may not have ended up the best of friends, but the cycle is broken. Isn't that, in a way, what the series is all about?
The greater good is not simply a matter of black and white, right and wrong, or some quantified amount of good for the most people. It is, ultimately, driven by our own personal sense of justice - and while that sense may sometimes cry out for blood and vengeance, that often does nothing but perpetuate
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