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
Speaking of the Azteks, Mr. Bancroft observes that "the greater
part of their code might, like Draco's, have been written in blood--so
severe were the penalties inflicted for crimes that were comparatively
slight, and so brutal and bloody were the ways of carrying those
punishments into execution."[118] The punishment of death was
inflicted on the man who dressed himself like a woman, on the woman
who dressed herself like a man,[119] on tutors who did not give a good
account of the estates of their pupils,[120] on those who carried off,
or changed, the boundaries placed in the fields by public
authority;[121] and should an adulterer endeavour to save himself by
killing the injured husband, his fate was to be roasted alive before a
slow fire, his body being basted with salt and water that death might
not come to his relief too soon.[122] Nor did the ancient Peruvian
code economise human suffering by proportioning penalties to crimes;
the punishment most commonly prescribed by it was death.[123] The
penal code of China, though less cruel in various respects than the
European legislation of the eighteenth century, awards death for a
third and aggravated theft, for defacing the branding inflicted for
former offences,[124] and for privately casting copper coin;[125]
whilst for the commission of the most heinous crimes {187} the penalty
is "to be cut into ten thousand pieces," which appears to amount, at
least, to a license to the executioner to aggravate and prolong the
sufferings of the criminal by any species of cruelty he may think
proper to inflict.[126] In Japan, before the revolution of 1871, "the
punishments for crime had been both rigorous and cruel; death was the
usual punishment, and death accompanied by tortures was the penalty
for aggravated crimes.[127] According to the Mosaic law, death is
inflicted for such offences as breach of the Lord's day,[128] going to
wizards,[129] eating the fat of a beast of sacrifice,[130] eating
blood,[131] approaching unto a woman "as long as she is put apart for
her uncleanness,"[132] and various kinds of sexual offences.[133] The
laws of Manu provide capital punishment for those who forge royal
edicts and corrupt royal ministers;[134] for those who break into a
royal store-house, an armoury, or a temple, and those who steal
elephants, horses, or chariots;[135] for thieves who are taken with
the stolen goods and the implements of burglary;[136] for cut-purses
on the third conviction;[137] whilst a wife, who, proud of the
greatness of her relatives or her own excellence, violates the duty
which she owes to her lord, shall be devoured by dogs in a place
frequented by many, and the male offender shall be burnt on a red-hot
iron bed.[138]
[Footnote 118: Bancroft, _Native Races of the Pacific States_, ii. 454.]
[Footnote 119: Clavigero, _History of Mexico_, i. 358.]
[Footnote 120: _Ibid._ i. 359.]
[Footnote 121: _Ibid._ i. 355.]
[Footnote 122: Bancroft, _op. cit._ ii. 465 _sq._]
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