History as past ethics; an introduction to the history of morals — John Shaqi
History as past ethics; an introduction to the history of moralsMyers, P. V. N. (Philip Van Ness)
Philosophy
History as past ethics; an introduction to the history of morals
Myers, P. V. N. (Philip Van Ness)
Ethics -- History
The punishments meted out to offenders were harsh and cruel, yet not
much more atrociously cruel than those provided by the English laws of
three hundred years ago. Impaling, burning, cutting out the tongue,
gouging out the eyes, cutting off the fingers, breaking the bones of
the hands were common penalties.
Sometimes the punishment was measured by the primitive principle of
the _Lex talionis_; it was eye for eye, bone for bone, tooth for
tooth.[109] This law of retaliation was carried out so rigorously as
to result in the punishment of the innocent for the guilty. Thus if a
man caused the death of another man’s daughter, the law required that
his own daughter should be put to death.[110] If a builder, through
the faulty construction of a house, caused the death of the son of the
owner through the falling of the house, the son of the builder was
to be put to death.[111] It is in these provisions of the code that
we find the greatest divergence between the Babylonian feeling and
our own as to what is right and just. Yet this Babylonian conscience
which sanctioned the visiting of the iniquity of the father upon the
children is a conscience which we shall meet with in societies much
more advanced than that for which the Hammurabi code was formulated.
The Babylonian conscience in regard to slavery as embodied in the
code was about like our own conscience respecting negro slavery of a
generation or two ago. The slave was viewed as a mere chattel, and the
master possessed over him the power of life and death. Kind treatment,
however, was enjoined by the law. There was a fugitive-slave law which
reads curiously like our negro-slave laws of two generations ago, in
which the aiding and harboring of a fugitive slave is made a crime
punishable with death.[112]
The slave class was recruited, as in other lands of the ancient world,
from prisoners of war, foundlings, debtors, criminals, and through the
sale by fathers and husbands of their children and wives. The system
seems to have undergone no essential changes or ameliorations, such
as we shall see effected in the Hebrew system, by growth in ethical
feeling during the four thousand years of Babylonian history. It is
true that enfranchisement of slaves was not uncommon, the freed man
becoming the dependent of his old master, but it does not appear that
moral sentiment afforded the motive for manumission.[113]
[Sidenote: International morality;
war ethics]
Public-domain text, read in full here on John Shaqi.
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