Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
Murder, which is the summit of evil-doing according to human canons
is at the same time the most natural act in the world. The so-called
“unwritten law” which weighs up the evidence in favour of a man who
kills his wife’s lover, is not without justice and a sense of fair
play. In England, there is plenty of unwritten law, but it has nothing
whatever to do with the _crime passionel_. However, if _A_ enters the
bedroom of his wife and discovers this unfortunate woman with _B_, _in
flagrante delicto_, to misuse an expression, and he shoots _B_ on the
spot, he stands a very good chance of escaping the supreme punishment
of the law. But if _A_, on seeing his wife in the act of adultery
with _B_, leaves the room, goes downstairs, obtains possession of
his revolver, and then returns to kill _B_, the position is somewhat
different. This particular example supplies evidence of _mens rea_, or
criminal intent. _A_ is not acting in a spontaneous fashion, for he
deliberately goes away and then returns, with murder in his mind. In a
good many parts of the world, either way would be justifiable, and, one
must admit, with some reason.
There is nothing more far-reaching than adultery in a married woman.
Her future offspring may not be that of her husband, and, at best, he
believes her body to be tainted with a poisonous contact. The real
idea of marriage is to keep one woman exclusively for one man, by whom
it is intended she should fulfil the functions of maternity. To have
suspicion of outside intercourse is to destroy everything which is most
profound in the union.
It is usual to divorce a wife who commits adultery, in England: to kill
her lover and to ostracise her from her home are methods left to other
races.
Public-domain text, read in full here on John Shaqi.
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