The Criminal Prosecution and Capital Punishment of AnimalsEvans, E. P. (Edward Payson)
History
The Criminal Prosecution and Capital Punishment of Animals
Evans, E. P. (Edward Payson)
Animals -- Law and legislation -- History; Animals, Prosecution and punishment of -- History; Trials -- Europe
_Lex talionis_ is the oldest kind of law and the most deeply rooted in
human nature. To the primitive man and the savage, tit for tat is an
ethical axiom, which it would be thought immoral as well as cowardly not
to put into practice. No principle is held more firmly or acted upon more
universally than that of literal and exact retributions in man’s dealings
with his fellows--the iron rule of doing unto others the wrongs which
others have done unto you. Hebrew legislation demanded “life for life, eye
for eye, tooth for tooth, hand for hand, foot for foot, burning for
burning, wound for wound, stripe for stripe.” An old Anglo-Saxon law made
this retaliatory principle of _membrum pro membro_ the penalty of all
crimes of personal violence, including rape; even a lascivious eye was to
be plucked out, in accordance with the doctrine that “whosoever looketh on
a woman to lust after her hath committed adultery with her already in his
heart.” [“Corruptor puniatur in eo in quo deliquat: oculos igitur amittat,
propter aspectum decoris, quo virginem concupivit; amittat et testiculos,
qui calorem stupri induxerunt.” Cf. Bracton, 147_b_; Reeves, I. 481.] This
was believed to be God’s method of punishment, smiting with disease or
miraculously destroying the bodily organs, which were the instruments of
sin. Thus Stengelius (_De Judiciis Divinis_, II. 26, 27) records how a
thunderbolt was hurled by the divine hand in such a manner as to castrate
a lascivious priest: _impurus et saltator sacerdos fulmine castratus_. The
same sort of retributive justice was recognized by the Institutes of Manu,
which punished a thief by the amputation or mutilation of his fingers.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account