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
but natural that the principle, 'a life for a life,' which has been
borrowed from the institution of blood-revenge and has been applied
to the punishment for murder, should be developed into a scale of
physical punishment representing the more general principle 'like for
like.' He who has destroyed the eye of another, must lose his own eye;
whoever has disabled another's arm, must have his arm cut off, etc.
Other injuries then came to be similarly punished, even those of a
moral character to which the principle "eye for eye, tooth for tooth"
is not directly applicable. The hand which has been implicated in an
act of sacrilege, such as the commission of perjury, is to be cut off;
the tongue which has slandered, must be torn out. Originally, the death
penalty was employed all too freely. Hence this substitution of a
physical punishment which spared the life of the offender was doubtless
in the direction of moderation. But, since this substitution gave rise
to cruelties that resulted in the infliction of various sorts of death
penalties, preceded and accompanied by tortures, its original effect
became reversed, just as in the case of imprisonment. Moreover, the two
forms of punishment--imprisonment and death--and the degree to which
these were carried to excess differed according to civilization and
race. The _jus talionis_ was the older principle of punishment. It is
more closely bound up with man's natural impulse for retaliation, and
therefore recurs even within humane civilizations, sometimes merely in
suggestions but sometimes in occasional relapses which are of a more
serious sort and are due to the passion for revenge. In fundamental
contrast with the Mosaic law, Christianity repudiated the requital of
like with like. Perhaps it was the fear of violating its own principle
that led it, in its later development, to seek in the cruelties of
severe prison penalties a substitute for the repressed impulse to
revenge which comes to expression in coarser conceptions of justice.
Nevertheless, this substitution was superior to the inflexible severity
of the _jus talionis_ in that it more effectively enabled milder
customs to influence the judicial conscience.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account