History of European Morals From Augustus to Charlemagne (Vol. 2 of 2)Lecky, William Edward Hartpole
Philosophy
History of European Morals From Augustus to Charlemagne (Vol. 2 of 2)
Lecky, William Edward Hartpole
Ethics; Europe -- Moral conditions
Progress of the Female Sex._ The last clause is clearly inaccurate,
but there seems reason for believing that maternal affection is
generally stronger than want, but weaker than shame.
23 See Warburton’s _Divine Legation_, vii. 2.
24 Ælian, _Varia Hist._ ii. 7. Passages from the Greek imaginative
writers, representing exposition as the avowed and habitual practice
of poor parents, are collected by Terme et Monfalcon, _Hist. des
Enfans trouvés_, pp. 39-45. Tacitus notices with praise (_Germania_,
xix.) that the Germans did not allow infanticide. He also notices
(_Hist._ v. 5) the prohibition of infanticide among the Jews, and
ascribes it to their desire to increase the population.
25 Dion. Halic. ii.
_ 26 Ad Nat._ i. 15.
27 The well-known jurisconsult Paulus had laid down the proposition,
“Necare videtur non tantum is qui partum perfocat sed et is qui
abjicit et qui alimonia denegat et qui publicis locis misericordiæ
causa exponit quam ipse non habet.” (_Dig._ lib. xxv. tit. iii. 1.
4.) These words have given rise to a famous controversy between two
Dutch professors, named Noodt and Bynkershoek, conducted on both
sides with great learning, and on the side of Noodt with great
passion. Noodt maintained that these words are simply the expression
of a moral truth, not a judicial decision, and that exposition was
never illegal in Rome till some time after the establishment of
Christianity. His opponent argued that exposition was legally
identical with infanticide, and became, therefore, illegal when the
power of life and death was withdrawn from the father. (See the
works of Noodt (Cologne, 1763) and of Bynkershoek (Cologne, 1761)).
It was at least certain that exposition was notorious and avowed,
and the law against it, if it existed, inoperative. Gibbon (_Decline
and Fall_, ch. xliv.) thinks the law censured but did not punish
exposition. See, too, Troplong, _Influence du Christianisme sur le
Droit_, p. 271.
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