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
[Footnote 103: Ellis, _Tour through Hawaii_, p. 429. Williams and
Calvert, _Fiji and the Fijians_, p. 23. Forbes, _A Naturalist's
Wanderings in the Eastern Archipelago_, p. 473 (Timorese).]
[Footnote 104: Falkner, _Description of Patagonia_, p. 123. Anderson,
_Lake Ngami_, p. 231 (Damaras).]
Thus among some Australian tribes, "a man accused of a serious
offence gets a month's citation to appear before the tribunal, on pain
of death if he disobeys. If he is found guilty of a private wrong, he
is painted white, and made to stand out at fifty paces in front of the
accuser and his friends, all fully armed. They throw at him a shower
of spears and 'bumarangs,' from which he protects himself with a light
shield."[105] Among the Aricara Indians of the Missouri, who, for the
most part, punish murder with death, the nearest relative of the
murdered man was deputed by the council to act the part of
executioner.[106] With reference to the natives of Bali, Raffles says
that "in the execution of the punishment awarded by the court there is
this peculiarity, that the aggrieved party or his friends are
appointed to inflict it."[107] In some parts of Afghanistan, "if the
offended party complains to the Sirdar, or if _he_ hears of a murder
committed, he first endeavours to bring about a compromise, by
offering the Khoon Behau, or price of blood; but if the injured party
is inexorable, the Sirdar lays the affair before the King, who orders
the Cauzy to try it; and, if the criminal is convicted, gives him up
to be executed by the relations of the deceased."[108] Among the
peoples round Lake Nyassa and Tanganyika and among the Bantu tribes
generally, "when a murderer is caught and proved guilty he is given
over {185} to the relatives of the person murdered, who have power to
dispose of him as they choose."[109] A similar practice prevails among
the Mishmis,[110] Bataks,[111] and Kamchadales.[112] It was also
recognised by early Slavonic,[113] Teutonic, and English codes.[114]
According to the provisions of a code granted so late as 1231, by the
Abbey of St. Bertin to the town of Arques, when a man was convicted of
intentional homicide, he was handed over to the family of the murdered
person, to be slain by them.[115]
[Footnote 105: Fraser, _Aborigines of New South Wales_, p. 40 _sq._]
[Footnote 106: Bradbury, _Travels in the Interior of America_, p. 168.]
[Footnote 107: Raffles, _op. cit._ ii. p. ccxxxvii.]
[Footnote 108: Elphinstone, _Kingdom of Caubul_, ii. 105 _sq._]
[Footnote 109: Macdonald, in _Jour. Anthr. Inst._ xxii. 108.]
[Footnote 110: Cooper, _Mishmee Hills_, p. 238.]
[Footnote 111: von Brenner, _op. cit._ p. 212.]
[Footnote 112: Georgi, _Russia_, iii. 137.]
[Footnote 113: Macieiowski, _Slavische Rechtsgeschichte_, ii. 127.]
[Footnote 114: Wilda, _Strafrecht der Germanen_, p. 167. _Lex Salica_,
68. _Laws of Cnut_, i. 53. _Leges Henrici I._ lxxi. 1.]
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