4. THE CODES OF COMMUNITIES: JUSTICE.--In view of the existing tendency in the average man, and even in some philosophers, to pass lightly over the diversities exhibited by different codes, it is well to cast a brief preliminary glance at the content of morals as accepted, both by communities of men, and by their more reflective spokesmen, the moralists. Let us first take a look at the codes of communities. We have seen that Butler viewed justice, veracity and regard to common good as virtues accepted among men everywhere. But we may also see, if we look into his pages, that he neglected to point out that there may be the widest divergencies in men's notions of what constitutes justice, veracity and common good. And men differ widely on the score of the degree of emphasis to be laid upon their observance. Take justice. Where men possess a code, written or unwritten, that may properly be called moral, we expect of them the judgment that guilt should be punished. But what shall be accounted guilt? What shall be the measure of retribution? Who shall be fixed upon as guilty? As to what constitutes guilt. We have only to remind ourselves that the Dyak head-hunter is not condemned by his fellows, but is admired; [Footnote: WESTERMARCK, _The Origin and Development of the Moral Ideas_, London, 1906, I, chapter xiv.] that the fattening and eating of a slave may, in a given primitive community, be accounted no crime; [Footnote: WESTERMARCK, _op. cit._ II, chapter xlvi.] that infanticide has been most widely approved, and that not merely in primitive communities, for Greece and Rome, when they were far from primitive, practiced certain forms of it with a view to the good of the state; [Footnote: _Ibid._, I, chapter xvii.] that the holding of a fellow-creature in bondage, and exploiting him for one's own advantage, even under the lash, was, until recently, not a crime in the eye of the law even in the most civilized states. On the other hand, it may be a crime to eat a female opossum. [Footnote: _Ibid._, I, chapter iv, p. 124.] The impressive imperative: Thou shalt not! appears to bear unmistakable reference to time and circumstance. And what is the natural and proper measure of punishment? The ancient and primitive rule of an eye for an eye and a tooth for a tooth suggests the figure of the scales, the impartially meting out to each man of his due. It is obviously a rule that cannot be applied in all cases. One cannot take the tooth of a toothless man, or compel a thievish beggar to restore fruit which he has eaten. We should be horrified were any serious attempt made to make the rule the basis of legislation in any civilized state today, but men have not always been so fastidious. Approximations to it have been incorporated into the laws of various peoples.