The History of Antiquity, Vol. 4 (of 6)Duncker, Max
History
The History of Antiquity, Vol. 4 (of 6)
Duncker, Max
History, Ancient
We find a complete theory of the preservative power of punishment,
before which all distinctions of criminal and civil process disappear,
and it becomes a matter of indifference whether an offence has taken
place from a doubtful claim, from error, carelessness, or evil
intention. "A man who does good by nature," so we are told in the book,
"is rarely found. Even the gods, the Gandharvas, the giants, the
serpents perform their functions only from fear of punishment. It is
this which prevents all creatures from abandoning their duties, and puts
them in a position to enjoy what is properly their own. Punishment is
justice, as the sages say; punishment governs the world; it is a mighty
power, a strong king, a wise expounder of law. When all things sleep,
punishment is awake. If the king did not ceaselessly punish those who
deserve it, the stronger would eat up the weak; property would cease to
exist; the crow would pick up the rice of the sacrifice, and the dog
lick the clarified butter. Only when black punishment with red eyes
annihilates the transgressors, do men feel no anxiety."
The services rendered by the king in the exercise of justice and the
maintenance of order and the system of caste thus attained, are
naturally rated very highly by the book of law, in accordance with its
general tendency. "By the suppression of the evil and protection of the
good, the king purifies himself like a Brahman by sacrifice." "Then his
kingdom flourishes like a tree that is watered continually;" through the
protection which the king secures for the good by punishment, he
acquires a portion of the merits of the good. The portion of these
merits thus allotted to the king is determined by arithmetical
calculations. "The king who collects the sixth part of the harvest and
protects his people by punishment, obtains a sixth part of the merit of
all pious actions, and the sixth part of all rewards allotted by the
heavenly beings to the nation for their sacrifices and gifts to the
gods, and for the reading of the holy scriptures. But the king who does
not protect his people, and yet takes the sixth, goes into hell; as does
also the king who punishes the innocent and not the transgressors. Even
if the king has not himself pronounced the unjust sentence, a part of
the guilt falls upon him. The fourth part of the injustice of the
sentence falls on him who began the suit, a fourth on the false
witnesses, a fourth on the judge, a fourth on the king. A pure prince,
who is truthful, who knows the holy scriptures, and does not disregard
the laws, which he has himself given, is regarded by the sages as
capable of regulating punishment, of imposing it evenly, and thus he
increases the virtue, the wealth, and prosperity of his subjects (the
three means of happiness)." "To the prince who decides a case
righteously, the people will flock like the rivers to the ocean, and
when he has thus obtained the good-will of the nation"--so the book
Public-domain text, read in full here on John Shaqi.
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