Bishop yielded without protest, and forthwith hair began to sprout in a
thousand pulpits where it had never appeared before within the memory of
man.
It would be no small shock to public sentiment if our athletes in
running public races were to strip themselves stark naked, yet that
custom was rather suddenly introduced into Greece. Plato says (Republic
V, par. 452, Jowett’s translation):
Not long ago the Greeks were of the opinion, which is still
generally received among the barbarians, that the sight of a naked
man was ridiculous and improper, and when first the Cretans and
the Lacedaemonians introduced naked exercises, the wits of that
day might have ridiculed them....
Thucydides (I. 6) also refers to the same change as occurring ‘quite
lately’.
Public opinion is commonly far in advance of private morality, because
society as a whole keenly appreciates acts that tend to its advantage,
and condemns those that do not. It applauds acts of heroism that perhaps
not one of the applauders would be disposed to emulate. It is
instructive to observe cases in which the benevolence of public opinion
has out-stripped that of the Law—which, for example, takes no notice of
such acts as are enshrined in the parable of the good Samaritan. A man
on his journey was robbed, wounded and left by the wayside. A priest and
a Levite successively pass by and take no heed of him. A Samaritan
follows, takes pity, binds his wounds, and bears him to a place of
safety. Public opinion keenly condemns the priest and the Levite, and
praises the Samaritan, but our criminal law is indifferent to such acts.
It is most severe on misadventure due to the neglect of a definite duty,
but careless about those due to the absence of common philanthropy. Its
callousness in this respect is painfully shown in the following
quotations (Kenny, _Outlines of Criminal Law_, 1902, p. 121, per Hawkins
in Reg. v. Paine, _Times_, February 25, 1880):
If I saw a man who was not under my charge, taking up a tumbler of
poison, I should not be guilty of any crime by not stopping him. I
am under no legal obligation to protect a stranger.
That is probably what the priest and the Levite of the parable said to
themselves.
A still more emphatic example is in the _Digest of Criminal Law_, by
Justice Sir James Stephen, 1887, p. 154. Reg. v. Smith, 2 C. and P.,
449:
_A_ sees _B_ drowning and is able to help him by holding out his
hand. _A_ abstains from doing so in order that _B_ may be drowned,
and _B_ is drowned. _A_ has committed no offence.
It appears, from a footnote, that this case has been discussed in a
striking manner by Lord Macaulay in his notes on the Indian Penal Code,
which I have not yet been able to consult.
Public-domain text, read in full here on John Shaqi.
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