But the case is not simply that of clan against clan. For the smaller
group of kin, who are bound to avenge, are nearly always part of a
larger group. And the larger group may at once recognize the duty of
vengeance and also the need of keeping it within bounds, or of
substituting other practices. The larger group may see in the murder a
pollution, dangerous to all;[34] the blood which "cries from the
ground"[35] renders the ground "unclean" and the curse of gods or the
spirits of the dead may work woe upon the whole region. But an unending
blood feud is likewise an evil. And if the injured kin can be appeased
by less than blood in return, so much the better. Hence the wergeld, or
indemnity, a custom which persisted among the Irish until late, and
seemed to the English judges a scandalous procedure.
For lesser offenses a sort of regulated duel is sometimes allowed. For
example, among the Australians the incident is related of the treatment
of a man who had eloped with his neighbor's wife. When the recreant
parties returned the old men considered what should be done, and finally
arranged the following penalty. The offender stood and called out to the
injured husband, "I stole your woman; come and growl." The husband then
proceeded to throw a spear at him from a distance, and afterwards to
attack him with a knife, although he did not attempt to wound him in a
vital part. The offender was allowed to evade injury, though not to
resent the attack. Finally the old men said, "Enough." A curious form of
private agencies for securing justice is also found in the Japanese
custom of hara-kiri, according to which an injured man kills himself
before the door of his offender, in order that he may bring public odium
upon the man who has injured him. An Indian custom of Dharna is of
similar significance, though less violent. The creditor fasts before the
door of the debtor until he either is paid, or dies of starvation. It
may be that he thinks that his double or spirit will haunt the cruel
debtor who has thus permitted him to starve to death, but it also has
the effect of bringing public opinion to bear.
In all these cases of kindred feuds there is little personal
responsibility, and likewise little distinction between the accidental
and intentional. These facts are brought out in the opening quotations
in Chapter II. The important thing for the student to observe is that
like our present practices in international affairs they show a _grade_
of morality, a limited social unity, whether it is called kinship
feeling or patriotism; complete morality is not possible so long as
there is no complete way of settling disputes by justice instead of
force.[36]
Public-domain text, read in full here on John Shaqi.
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