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
Besides the desire that the offender shall suffer and the desire that
his suffering shall correspond to his guilt, there is a third factor
of importance which has contributed to the substitution of punishment
for revenge and to the rise of a judicial organisation. For every
society it is a matter of great consequence that there should be peace
between its various members. Though the system of revenge helps to
keep down crime,[96] it also has a tendency to cause disturbance and
destruction. Any act of vengeance which goes beyond the limits fixed
by custom is apt to call forth retaliation in return. Among the
Ossetes, says Baron von Haxthausen, "if the retaliation does not
exceed the original injury the affair terminates; but if the wound
given is greater than the one received, the feud begins afresh from
the other side."[97] The custom of blood-revenge certainly does not
imply that the avenger of unjustifiable homicide may himself be a
proper object of retaliation;[98] but in the absence of a tribunal it
may be {183} no easy thing to decide the question of guilt, and,
besides, the dictate of custom may be overruled by passion. As a
matter of fact, the blood-feud often consists of a whole series of
murders, the revenge itself calling forth a new act of redress, and so
on, until the state or hostility may become more or less
permanent.[99] In the long run this will prove injurious both to the
families implicated in the feud and to society as a whole, and some
method of putting a stop to the feud will readily be adopted. One such
method is to substitute the payment of blood-money for revenge;
another is to submit the cause to an authority invested with
judicatory power. Casalis tells us that the Basutos are often heard to
say, "If we were to revenge ourselves, the town or community would
soon be dispersed"; and he adds that the instinctive fear of the
disorders that might arise from the exercise of individual law has
induced them to allow the chief of the tribe a certain right over the
person of every member of the community.[100]
[Footnote 96: Taylor, _Te Ika a Maui_, p. 96 (Maori). Im Thurn, _op.
cit._ pp. 213, 330 (Guiana Indians). Burckhardt, _Bedouins and
Wahábys_, p. 84, _sq._; Blunt, _Bedouins of the Euphrates_, ii. 207;
Layard, _Discoveries in the Ruins of Nineveh and Babylon_, p. 305
_sq._ (Bedouins). Kohl, _Reise nach Istrien_, i. 409 _sq._
(Montenegrines). Stephen, _History of the Criminal Law of England_, i.
60 (Anglo-Saxons). Nordström, _Svenska samhälls-författningens
historia_, ii. 228 (ancient Scandinavians). Steinmetz, _Ethnol.
Studien zur ersten Entwicklung der Strafe_, ii. 125 _sqq._]
[Footnote 97: von Haxthausen, _Transcaucasia_, p. 411.]
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