Elements of Folk Psychology: Outline of a Psychological History of the Development of MankindWundt, Wilhelm Max
Science
Elements of Folk Psychology: Outline of a Psychological History of the Development of Mankind
Wundt, Wilhelm Max
Ethnopsychology
the amount which must be paid in lieu of the blood-guilt. With the
institution of wergild the entire matter becomes one of civil law. Only
one further step is necessary, and the law of contract will indirectly
have established the penal authority of the State. This step is taken
when the State _compels_ the parties to enter into an agreement on
the basis of the wergild. The advance, however, was not made at a
single bound, but came only through the influence of a number of
intermediate factors. That which first demanded a legal determination
of the amount of expiation money was the necessity of estimating the
personal value of the one who had been murdered, according as the
individual was free-born or dependent, of a high or of a low class, an
able-bodied man or a woman. Such a gradation in terms of general social
status suggested the propriety of allowing temporary and less serious
injuries to life and limb to be compensated for on the basis of their
magnitude. But the estimation of damages in such cases again made civil
jurisdiction absolutely necessary.
Closely interconnected with this complex of social factors, and
imposing a check upon the impulse for vengeance that flames up in
blood-revenge, was a religious influence--the fear of contaminating
by a deed of violence a spot that was sanctified by the presence of
invisible gods. No violence of any kind was allowed within sacred
precincts, particularly in places set apart for sacrifice or for
other cult ceremonies; least of all was violence tolerated in the
temple, for the temple was regarded as the dwelling of a deity. Such
places, therefore, afforded protection to all who fled to them from
impending blood-revenge or other sources of danger. The sacred place
also stood under the protection of the community; any violation of
it brought down upon the offender the vengeance of the entire group,
for the latter regarded such sacrilege as a source of common danger.
Thus, the protection of the _sanctuary_ came to be a legal right
even at a time when retribution for the crime itself was left to the
vengeance of individuals. The right of protection afforded by the
temple, however, was sometimes held to exist also in the case of the
dwellings of persons of distinguished power and esteem, particularly
the dwellings of the chief and of the priest. Indeed, prior to the
existence of public temples, the latter were doubtless the only places
of refuge. In this form, the beginnings of a right of refuge date back
even into the totemic age. At that early time, however, the protection
was apparently due, not so much to directly religious factors, as
to the personal power of the individual who afforded the refuge, or
also, particularly in Polynesia, to the 'taboo' with which the upper
classes were privileged to guard their property. But, since the taboo
was probably itself of religious origin, and since the medicine-man,
and occasionally also the chief, could utilize demoniacal agencies as
Public-domain text, read in full here on John Shaqi.
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