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
haunting forest dells and mountain streams by day, approaching human
habitations by night and waiting for opportunities to lure him back to the
old worship or to take vengeance upon him for his recreancy. Every
untoward event furnished an occasion for their intervention, which could
be averted or repelled only by the benedictions, exorcisms or anathemas of
the Church. The ecclesiastical authorities were therefore directly
interested in encouraging this superstitious belief as one of the chief
sources of their power, and it was for this reason that diabolical
agencies were assumed to be at work in every maleficent force of nature
and to be incarnate in every noxious creature. That this doctrine is
still held and this policy still pursued by the bishops and other clergy
of the Roman Catholic Church, no one familiar with the literature of the
subject can deny.
Besides the manuals and rituals already cited, consult, for example, _Die
deutschen Bischöfe und der Aberglaube_: Eine Denkschrift von Dr. Fr.
Heinrich Reusch, Professor of Theology in the University of Bonn, who
vigorously protests against the countenance given by the bishops to the
crassest superstitions. For specimens of the literature condemned by the
German professor, but approved by the prelates and the pope, see such
periodicals as _Monat-Rosen zu Ehren der Unbefleckten Gottes-Mutter Maria
and Der Sendbote des göttlichen Herzens Jesu_, published by Jesuits at
Innsbruck in the Tyrol.
It is a curious fact that the most recent and most radical theories of
juridical punishment, based upon anthropological, sociological and
psychiatrical investigations, would seem to obscure and even to obliterate
the line of distinction between man and beast, so far as their capacity
for committing crime and their moral responsibility for their misdeeds are
concerned. According to Lombroso there are _i delinquenti nati fra gli
animali_, beasts which are born criminals and wilfully and wantonly injure
others of their kind, violating with perversity and premeditation the laws
of the society in which they live. Thus the modern criminologist
recognizes the existence of the kind of malefactor characterized by
Jocodus Damhouder, a Belgian jurist of the sixteenth century, as _bestia
laedens ex interna malitia_; but although he might admit that the beast
perpetrated the deed with malice aforethought and with the clear
consciousness of wrong-doing, he would never think of bringing such a
creature to trial or of applying to it the principle of retributive
justice. This example illustrates the radical change which the theory of
punishment has undergone in recent times and the far-reaching influence
which it is beginning to exert upon penal legislation. In the second part
of the present work the writer calls attention to this important
revolution in the province of criminology, discussing as concisely as
possible its essential features and indicating its general scope and
Public-domain text, read in full here on John Shaqi.
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