The origin and development of the moral ideasWestermarck, Edward
Philosophy
The origin and development of the moral ideas
Westermarck, Edward
Ethics; Ethics -- History; Prehistoric peoples
Laws which represent public opinion are no more than customs safe
exponents of the moral ideas held by particular members of the
society. But on the other hand, there are cases in which a law, unlike
a custom, may express the ideas, or simply the will, of a few, or even
of {168} a single individual, that is, of the sovereign power only. It
is obvious that laws imposed upon a barbarous people by civilised
legislators may differ widely from the people's own ideas of right and
wrong. For instance, when studying the moral sentiments of the
Teutonic peoples from their early law-books, we must carefully set
aside all elements of Roman or Christian origin. At the same time,
however, it should be remembered that the moral consciousness of a
people may gradually be brought into harmony with a law originally
foreign to it. If the law is in advance of public opinion--as Roman
law undoubtedly was in Teutonic countries--it may raise the views of
the people up to its own standard by awaking in them dormant
sentiments, or by teaching them greater discrimination in their
judgments. And, as has been already noticed, what is forbidden and
punished may, for the very reason that it is so, come to be regarded
as wrong and worthy of punishment.
Finally, a law may enjoin or forbid acts which by themselves are
regarded as indifferent from a moral point of view. This is, for
instance, the case with the laws which require marriages to be
celebrated at certain times and places only, and which forbid the
cultivation of tobacco in England. Jurists divide crimes into _mala in
se_ and _mala quia prohibita_. The former would be wrong even if they
were not prohibited by law, the latter are wrong only because they are
illegal.
Public-domain text, read in full here on John Shaqi.
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