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
But whilst public opinion demands that vengeance shall be exacted for
injuries, it is also operative in another way. Though in some cases
the resentment may seem to outsiders to be too weak or too much
checked by other impulses, it may in other cases appear unduly great.
As a matter of fact, we frequently find the practice of revenge being
regulated by a rule which requires equivalence between the injury and
the suffering inflicted in return for {178} it. Sometimes this rule
demands that only one life shall be taken for one;[75] sometimes that
a death shall be avenged on a person of the same rank, sex, or age as
the deceased;[76] sometimes that a murderer shall die in the same
manner as his victim;[77] sometimes that various kinds of injuries
shall be retaliated by the infliction of similar injuries on the
offender.[78] This strict equivalence is not characteristic of
resentment as such.[79] There is undoubtedly a certain proportion
between the pain-stimulus and the reaction; other things being equal,
resentment increases in intensity along with the pain by which it is
excited. The more a person feels offended, the greater is his desire
to retaliate by inflicting counter-pain, and the greater is the pain
which he desires to inflict. But resentment involves no accurate
balancing of suffering against suffering, hence there may be a crying
disproportion between the act of revenge and the injury evoking
it.[80] As Sir Thomas Browne observes, a revengeful mind "holds no
rule in retaliations, requiring too often a head for a tooth, and the
supreme revenge for trespasses, which a night's rest should
obliterate."[81] If, then, the rule of {179} equivalence is not
suggested by resentment itself, this rule must be due to other
factors, which intermingle with resentment, and help, with it, to
determine the action. One of these factors, I believe, is
self-regarding pride, the desire to pull down the humiliating
arrogance of the aggressor naturally suggesting the idea of paying him
back in his own coin; and it seems probable that the natural
disposition to imitate, especially in cases of sudden anger, acts in
the same direction. But besides this qualitative equivalence between
injury and retaliation, the _lex talionis_ requires, in a rough way,
quantitative equivalence, and this demand has no doubt a social
origin. If the offender is a person with whose feelings men are ready
to sympathise, their sympathy will keep the desire to see him suffer
within certain limits; and if, under ordinary circumstances, they tend
to sympathise equally with both parties, the injurer and the person
injured, and, in consequence, confer upon these equal rights, they
will demand a retaliation which is only equal in degree to the
offence. By suffering a loss the offender compensates, as it were, for
the loss which he has inflicted; and when equal regard is paid to his
feelings and to those of his victim, it is deemed just that the loss
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