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
When the prefects Tatian and Proculus fell into disgrace, Lycia, their
native land, was deprived of the autonomy it had hitherto enjoyed as a
Roman province, and its inhabitants were disfranchised and declared
incapable of holding any office under the empire. So, too, when Joshua
discovered some of the spoils of Jericho hidden in the tent of Achan, not
only the thief himself, but also “his sons, and his daughters, and his
oxen, and his asses, and his sheep, and his tent, and all that he had,”
were brought into the valley of Achor, and there stoned with stones and
burned with fire. About this time, however, such holocausts of justice
were suppressed among the Jews, and a law enacted that henceforth “the
fathers shall not be put to death, for the children, neither shall the
children be put to death for the fathers, every man shall be put to death
for his own sin;” or, as Jeremiah expresses it figuratively, the
children’s teeth were to be no longer set on edge by the sour grapes
which their fathers had eaten. Yet the persistency of time-honoured custom
and its power of overriding new statutes are seen in the fact that,
several centuries later, at the request of the Gibeonites, whom it had
become desirable to conciliate, David did not scruple to deliver up to
them seven of Saul’s sons to be hanged for the evil which their father had
wrought in slaying these foes of Israel. It would have been a parallel
case if Bismarck had sought to win the friendship and favour of the French
by giving into their hands the descendants of Blücher to be guillotined on
the Place de la Concorde, or, after having made a political pilgrimage to
Canossa, should surrender the children of Dr. Falk to be racked and burned
at the stake by the ultramontanes.
According to the current orthodox theology, treason against God, committed
by our common progenitor, worked “corruption of blood” in the whole human
race, all the children of men being attainted with guilt in consequence of
the act of their first parent. This crude and brutal conception of justice
is the survival of a primitive and barbarous state of society, and it is
curious to observe how the most highly civilized peoples, who have
outgrown this notion and set it aside in the secular relations of man to
man, still cling to it as something sacred and sublime in the spiritual
relations of man to the deity. Only the all-wise and all-powerful
sovereign of the universe is supposed to continue to administer law and
justice on principles which common-sense and the enlightened opinion of
mankind have long since abrogated and banished from earthly legislation.
Thus the divine government, instead of keeping pace with the progress of
human institutions, still corresponds to the ideals of right and
retribution entertained by savage tribes and the lowest types of mankind.
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