The Evolution of Marriage and of the FamilyLetourneau, Ch. (Charles)
Science
The Evolution of Marriage and of the Family
Letourneau, Ch. (Charles)
Families; Marriage
Chinese legislation is relatively moderate in regard to adultery. In
the first place it expressly forbids the husband to lend or let out
his wife, under pain of twenty-four strokes with the bamboo.[669] The
Chinese woman can certainly be imprisoned for adultery,[670] but she is
chiefly punished by repudiation, which is obligatory on the husband on
pain of twenty strokes of the bamboo.[671] She can, however, be sold
either by the husband or by the judge to whom the offended husband
remits her.[672] In contrast to certain barbarous legislations, the
Chinese law is more severe in regard to adultery for the strong than
for the weak. “Whoever, on the strength of his power or credit, shall
take away the wife or the daughter of a free man to make her his own
wife, shall be imprisoned for the usual time and put to death by
strangulation.”[673]
In Japan the law gives the offended husband the cruel and very general
right to kill the guilty ones if taken in adultery, and forbids him to
spare one.[674] We find this latter injunction, perhaps more humane
than it appears, in ancient Roman legislation and elsewhere.
Nothing is at once more monotonous and more ghastly than this
ethnographic review of the penalties against adultery.
Simple death has not sufficed to punish this crime, so enormous has
it everywhere seemed; and thus other refinements of cruelty have been
added--disembowelling, cutting in pieces, the stake, etc.
So far, among the races we have been investigating, Chinese legislation
has been the wisest and most just, since, contrary to usual custom, it
enacts the most severe penalties against the powerful man who takes
advantage of his social position to commit adultery. Here and there,
however, we find societies where adultery excites less fury. These
societies are rare, and they are not always the most civilised.
At Java, for example, adultery is treated with clemency, especially
if it is not committed with the chief wife. Even in this last case
the guilty one, at least the man, is often only punished by public
contempt.[675] The Dyaks punish conjugal infidelity with a fine only,
for both parties.[676] This is a rare example of clemency, and it is
given by a still barbarous race. We look in vain for such moderation
among much more civilised peoples, as we shall see in studying ancient
Egypt and the Berbers and Semites.
VIII. _Adultery among the Egyptians, the Berbers, and the Semites._
Diodorus tells us that in ancient Egypt the man who was guilty of
adultery received a thousand lashes, whilst the woman suffered the
amputation of her nose, a very special penalty, which we have seen
used in America and negro Africa, which we shall find also among the
Saxons of England, and for which Diodorus has given us the reason. “The
legislator,” he says, “has intended to deprive the woman of attractions
which she had only made use of for seduction.”[677]
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