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
Nearly related to the punishment of expulsion is that of outlawry.
Von Wrede states that the Bedouins of [H.]adhramaut give a respite of
three days to the banished man, and that after the lapse of this
period every member of the tribe is allowed to kill him.[62] Among the
Wyandots the lowest grade of outlawry consists in a declaration that,
if the offender shall continue in the commission of crimes similar to
that of which he has been guilty, it will be lawful for any person to
kill him, whilst outlawry of the highest degree makes it the duty of
any member of the tribe who may meet with the offender to kill
him.[63] Among the ancient Teutons, also, outlawry was originally a
declaration of war by the commonwealth against an offending member,
and became only later on a regular means of compelling submission to
the authority of the courts.[64]
[Footnote 62: von Wrede, _Reise in [H.]adhramaut_, p. 51.]
[Footnote 63: Powell, 'Wyandot Government,' in _Ann. Rep. Bur. Ethn._
i. 68.]
[Footnote 64: Pollock and Maitland, _History of English Law before the
time of Edward I._ i. 49.]
Most generally, however, punishment is inflicted upon the culprit, not
by the whole of the community, but by some person or persons invested
with judicial authority. Indeed, it is not only civilised races who
have judges and courts of justice. Among savages and barbarians
justice is very frequently administered by a council of elders or by a
chief.[65] Even people of so low a type as the Australian aborigines
have their tribunals.
Public-domain text, read in full here on John Shaqi.
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