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
well as his own external power, even the very earliest forms of refuge
were of the general nature of religious protection. In some cases, the
right of refuge eventually became extended so as to be connected not
only with the property set apart for the chief or the priest but also
with the homes of inferior men. This, however, was a relatively late
phenomenon. Its origin is traceable to the cult of household deities,
first of the ancestral spirits who guard domestic peace, and then of
the specific protective deities of the hearth by whom the ancestral
spirits were supplanted. As a rule, it was not the criminal but the
visiting stranger who sought the protection of the house. The right
to hospitality thus became also a religiously sanctioned right to
protection. The guest was no less secure against the host himself than
against all others. The right of protection afforded by the house,
therefore, should probably be interpreted as a transference of the
right of refuge inherent in sacred precincts. The protective right
of the chief was doubtless the beginning of what in its complete
development came to be household right in general.
The divine protection afforded by the sanctuary obviously offers but a
temporary refuge from the avenger. The fugitive again encounters the
dangers of blood-revenge as soon as he leaves the sacred precincts.
Nevertheless, the time that is thus made to elapse between the act
and its reprisal tempers the passion of the avenger, and affords an
opportunity for negotiations in which the hostile families or clans
may arrange that a ransom be paid in satisfaction of the crime that
was committed. Moreover, the chief or the temple priest under whose
protection the fugitive places himself, is given a direct opportunity
for mediating in the capacity of an arbitrating judge, and later, as
the political power gradually acquires greater strength, for taking the
measures of retribution into his own hands. Revenge, thus, is changed
into punishment, and custom is displaced by the norm of law, which
grows up out of repeated decisions in the adjudication of similar cases.
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