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
On the other hand, it is expressly declared in the Avesta that a mad dog
shall not be permitted to plead insanity in exculpation of itself, but
shall be “punished with the punishment of a conscious and premeditated
offence” (_baodho-varsta_), _i.e._ by progressive mutilation,
corresponding to the number of persons or beasts it has bitten, beginning
with the loss of its ears, extending to the crippling of its feet and
ending with the amputation of its tail. This cruel and absurd enactment is
wholly inconsistent with the kindly spirit shown in the Avesta towards all
animals recognized as the creatures of Ahuramazda, and especially with the
many measures taken by the Indo-Aryans as a pastoral people for the
protection of the dog. Indeed, a paragraph immediately following in the
same chapter commands the Mazdayasnians to treat such a rabid dog
humanely, and to “wait upon him with medicaments and to try to heal him,
just as they would care for a righteous man.” On this important point
Avestan legislation is so inconsistent and self-contradictory that one may
justly suspect the harsh enactments to be later interpolations.
A curious example of imputed crime and its penal consequences is seen in
the Roman custom of celebrating the anniversary of the preservation of the
Capitol from the night-attack of the Gauls, not only by paying honour to
the descendants of the sacred geese, whose cries gave warning of the
enemy’s approach, adorning them with jewels and carrying them about in
litters, but also by crucifying a dog, as a punishment for the want of
vigilance shown by its progenitors on that occasion. This imputation of
merit and demerit was really no more absurd than to visit the sins of the
fathers on the children, as prescribed by Jewish and other ancient
lawgivers, or to decree corruption of blood in persons attainted of
treason, as is still the practice of modern states, or any other theory of
inherited guilt or scheme of vicarious atonement, that sets the sin of the
federal head of the race to the account of his remotest posterity and
relieves them from its penalties only through the suffering and death of
a wholly innocent person. They are all applications of the barbarous
principle, which, in primitive society, with its gross conceptions of
justice, made the entire tribe responsible for the conduct of each of its
members. The vendetta, which continues to be the unwritten but inviolable
code of many semi-civilized communities, is based upon the same conception
of consanguineous solidarity for the perpetration and avenging of crime.
Public-domain text, read in full here on John Shaqi.
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