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
The Peruvian Incas considered that light punishments gave
confidence to evil-doers, whilst "through their great care in
punishing a man's first delinquency, they avoided the effects of his
second and third, and of the host of others that are committed in
every commonwealth where no diligence is observed {191} to root up the
evil plant at the commencement."[170] According to the Prefatory Edict
of the Emperor Kaung-hee, published in 1679, the chief ends proposed
by the institution of punishments in the Chinese Empire "have been to
guard against violence and injury, to repress inordinate desires, and
to secure the peace and tranquillity of an honest and unoffending
community."[171] In the Laws of Manu punishment is described as a
protector of all creatures:--"If the king did not, without tiring,
inflict punishment on those worthy to be punished, the stronger would
roast the weaker, like fish on a spit; the crow would eat the
sacrificial cake and the dog would lick the sacrificial viands, and
ownership would not remain with any one, the lower ones would usurp
the place of the higher ones. The whole world is kept in order by
punishment, for a guiltless man is hard to find; through fear of
punishment the whole world yields the enjoyments which it owes."[172]
Even the gods, the Dânavas, the Gandharvas, the Râkshasas, the bird
and snake deities, give the enjoyments due from them only if they are
tormented by the fear of punishment.[173] In mediæval law-books
determent is frequently referred to as an object of punishment.[174]
And in more modern times, till the end of the eighteenth century at
least, the idea that punishment should inspire fear was ever present
to the minds of legislators.
[Footnote 170: Garcilasso de la Vega, _op. cit._ i. 151 _sq._]
[Footnote 171: _Ta Tsing Leu Lee_, p. lxvii.]
[Footnote 172: _Laws of Manu_, vii. 14, 15, 20-22, 24 _sq._]
[Footnote 173: _Ibid._ vii. 23.]
[Footnote 174: _Leges Burgundionum_, Leges Gundebati, 52: "Rectius
enim paucorum condempnatione multitudo corregitur, quam sub specie
incongruae civilitatis intromittatur occasio, quae licentiam tribuat
delinquendi." _Capitulare Aquisgranense An._ 802, 33: "Sed taliter hoc
corripiantur, ut caeteri metum habeant talia perpetrandi" (Migne,
_Patrologiæ cursus_, xcvii. 230). _Chlotar II. Edictum de Synodo
Parisiensi_, 24: "In ipsum capitali sententia judicetur, qualiter alii
non debeant similia perpetrare" (Migne, _op. cit._ lxxx. 454). For
other instances, see Brunner, _Deutsche Rechtsgeschichte_,
ii. 588, n. 6.]
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