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
Sojourn in a place of refuge resembles imprisonment in that it limits
personal freedom. One might, therefore, be inclined to suppose that,
through a further development other than that described above, the
sanctuary led to a gradual moderation of punishment by introducing the
practice of _imprisonment_. Such a supposition, however, is not borne
out by the facts. At the time when the transition from the place of
refuge into the prison might have taken place, the idea of reducing
the death penalty to the deprivation of freedom was still remote. The
value which the heroic age placed on the life of the individual was
not sufficiently high to induce such a change, and the enforcement of
prison penalties would, under the existing conditions, have appeared
difficult and uncertain. Hence imprisonment was as yet entirely unknown
as a form of punishment. Though the State had suppressed blood-revenge,
it showed no less an inclination than did ancient custom to requite not
only murder but even milder crimes with death. Indeed, inasmuch as the
peaceful mode of settlement by ransom gradually disappeared, it might
be truer to say that the relentlessness of the State was even greater
than that of blood-revenge. The oldest penal codes were very strongly
inclined to impose death penalties. That the famous Draconian laws of
Athens became proverbial in this respect was due merely to the fact
that other ancient legal codes, though not infrequently more severe,
were still unknown. The law of King Hammurabi punished by death any
one who stole property belonging to the court or the temple, or even
to one of the king's captains; the innkeeper who charged her guests
extortionate prices was thrown into the water, and the temple maiden
who opened a wine-shop was burned to death. Whoever acquired possession
of stolen goods, or sheltered a runaway slave, was put to death, etc.
For every crime that was judged to be in any way serious, and for
whose expiation a money ransom was not adequate, the law knew only the
one penalty, death. The earliest law made no use of custody except in
connection with civil justice. The debtor was confined in the house of
the creditor. This simply enforced the pledge involved in the shaking
of hands at the time when the debt was contracted--an act by which the
debtor vowed to be responsible for his debt with his own person.
Public-domain text, read in full here on John Shaqi.
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