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 115: _Leges villæ de Arkes ab abbate S. Bertini concessæ_,
28 (d'Achery, _Spicilegium_, iii. 608).]
But although, in innumerable cases, punishment and judicial
organisation have succeeded a previous system of revenge, and thus are
products of social development, their existence or non-existence among
a certain people is no exact index to the general state of culture
which that people has attained. Even among low savages we have noticed
instances of punishments which are inflicted by the community as a
whole, as also by special judicial authorities. On the other hand, we
are taught by the history of European and Oriental nations, that the
system of revenge is not inconsistent with a comparatively high degree
of culture.[116] We can now see the reason for this apparent anomaly.
In a small savage community, all the members of which are closely
united with each other, an injury inflicted upon one is readily felt
by all. The case may be different in a State consisting of
loosely-connected social components, which, though forming a political
unity, have little communication between themselves, and take no
interest in each other's private dealings. And, whilst in the smaller
society public resentment is thus more easily aroused, such a society
also stands in more urgent need of internal peace.
[Footnote 116: See _infra_, on Blood-revenge.]
* * * * *
Our assumption that punishment is, in the main, an expression of
public indignation, is opposed to another theory, according to which
the chief object of punishment, not only ought to be, but actually is,
or has been, {186} to prevent crime by deterring people from
committing it. We are even told that punishment, inflicted for such a
purpose, is, largely, at the root of the moral consciousness; that
punishment is not the result of a sense of justice, but that the sense
of justice is a result of punishment; that, by being punished by the
State, certain acts gradually came to be regarded as worthy of
punishment, in other words, as morally wrong.[117]
[Footnote 117: Rée, _Ursprung der moralischen Empfindungen_, p. 45
_sqq._ _Idem_, _Entstehung des Gewissens_, p. 190 _sqq._]
There are certain facts which seem to support the supposition that
punishment has, to a large extent, been intended to act as a
deterrent. We find that among various semi-civilised and civilised
peoples the criminal law has assumed a severity which far surpasses
the rigour of the _lex talionis_.
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