[Sidenote: Thus sexual irregularities are often supposed to endanger
the whole community.] Thus it appears that in the opinion of many
peoples sexual irregularities, whether of the married or the
unmarried, are not merely moral offences which affect only the few
persons immediately concerned; they are believed to involve the whole
people in danger and disaster either directly by a sort of magical
influence or indirectly by rousing the wrath of gods to whom these
acts are offensive. Nay they are often supposed to strike a blow at
the very existence of the community by blighting the fruits of the
earth and thereby cutting off the food supply. Wherever these
superstitions prevail, it is obvious that public opinion and public
justice will treat sexual offences with far greater severity than is
meted out to them by peoples who, like most civilized nations, regard
such misdemeanours as matters of private rather than of public
concern, as sins rather than crimes, which may perhaps affect the
eternal welfare of the individual sinner in a life hereafter, but
which do not in any way imperil the temporal welfare of the innocent
community as a whole. [Sidenote: Hence the extreme rigour with which
sexual crimes have been punished by many races.] And conversely,
wherever we find that incest, adultery, and fornication are treated by
the community with extreme rigour, we may reasonably infer that the
original motive for such treatment was superstition; in other words,
that wherever a tribe or nation, not content with leaving these
transgressions to be avenged by the injured parties, has itself
punished them with exceptional severity, the reason for doing so has
probably been a belief that the effect of all such delinquencies is to
disturb the course of nature and thereby to endanger the whole people,
who accordingly must protect themselves by effectually disarming and,
if necessary, exterminating the delinquents. [Sidenote: Ancient
codes.] This may explain, for example, why the Indian Laws of Manu
decreed that an adulteress should be devoured by dogs in a public
place, and that an adulterer should be roasted to death on a red-hot
iron {64} bed;[64.1] why the Babylonian code of Hammurabi sentenced
an adulterous couple to be strangled and cast into the river; and why
the same code punished incest with a mother by burning both the
culprits.[64.2] On the same supposition we can understand the
severity of the punishments meted out to certain sexual offences by
the Mosaic law. Thus, for example, under it an adulteress and her
paramour were sentenced to death:[64.3] a woman who at marriage was
found not to be a maid was stoned:[64.4] the unchaste daughter of a
priest was burned with fire;[64.5] and if a man married a woman and
her daughter, he and they were in like manner doomed to the
flames.[64.6]
Public-domain text, read in full here on John Shaqi.
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