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
By punishment I do not understand here every suffering inflicted upon
an offender in consequence of his offence, but only such suffering as
is inflicted upon him in a definite way by, or in the name of, the
society of which he is a permanent or temporary member. This
definition holds good whatever may be the opinion about the final
object of punishment. Whether its purpose is, or is supposed to be,
either reformation, or determent, or retribution, its immediate aim is
always to cause suffering. {170} We should not call it punishment if
the reformation of the criminal were attempted, say, by means of
hypnotism.
It is a common opinion that punishment, in this sense of the word, is
a social institution of comparatively modern origin, which has sprung
from, and gradually superseded, the earlier custom of individual or
family revenge. This opinion may seem plausible to the student of
European and Eastern law, but, as we shall see, the early history of
civilised races is apt to give a somewhat erroneous idea of the
evolution of punishment. Even among savages public indignation
frequently assumes that definite shape which constitutes the
difference between punishment and mere condemnation.[42]
[Footnote 42: See Steinmetz, _Ethnologische Studien zur ersten
Entwicklung der Strafe_, ii. 327 _sqq._; Makarewicz, _Évolution de la
peine_, _passim_.]
Savage punishment sometimes simply consists in publicly putting the
offender to shame.
In Greenland the courts of justice were the public assemblies,
which at the same time supplied the national sports and
entertainments. Here "nith-songs" were used for settling all sorts of
crimes or breaches of public order or custom, with the exception of
those which could only be expiated by death; by means of cutting
capers and singing, the offender was told of his faults, and the
opposite virtues were praised to all who were present.[43] The same
institution is found, with only incidental differences, among several
other tribes within and beyond the Arctic circle.[44] And, knowing the
sensitiveness of these peoples, we may assume that the punishment in
question is by no means lenient. In Greenland "it now and then happens
that some one or other, wounded, perhaps, by a single word from one of
his kinsfolk, runs away to the mountains, and is lost for several days
at least."[45] And Adair, speaking of the public jesting by which
North American Indians used to punish young people who were guilty of
petty crimes, says that "they would sooner die by torture, than renew
their shame by repeating the actions."[46]
[Footnote 43: Rink, _Eskimo Tribes_, p. 24 _sq._ _Idem_, _Greenland_,
pp. 141, 150. Cranz, _op. cit._ i. 165 _sq._ Holm, 'Ethnologisk Skizze
af Angmagsalikerne,' in _Meddelelser om Grönland_, p. 87.]
[Footnote 44: Kane, _Arctic Explorations_, ii. 128 _sq._]
[Footnote 45: Nansen, _Eskimo Life_, p. 267 _sq._]
[Footnote 46: Adair, _History of the American Indians_, p. 429 _sq._]
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