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 same idea is also conspicuous in the practice of punishing
criminals in public.[175] A petty thief in the pillory and a scold on
the cucking-stool were, in earlier times, spectacles familiar to
everybody, whilst persons still living remember seeing offenders
publicly whipped in the streets. "A gallows or tree with a man hanging
upon it," says Mr. Wright, "was so frequent an object in the country
that it seems to have been almost a natural ornament of a landscape,
and it is thus introduced by no {192} means uncommonly in mediæval
manuscripts."[176] In atrocious cases it was usual for the court to
direct the murderer, after execution, to be hung upon a gibbet in
chains near the place where the fact was committed, "with the
intention of thereby deterring others from capital offences"; and in
order that the body might all the longer serve this useful purpose, it
was saturated with tar before it was hung in chains.[177] The
popularity which mutilation as a punishment enjoyed during the Middle
Ages was largely due to the opinion, that "a malefactor miserably
living was a more striking example of justice than one put to death at
once."[178]
[Footnote 175: Günther, _Die Idee der Wiedervergeltung_, i. 211 _sq._
n. 31.]
[Footnote 176: Wright, _History of Domestic Manners and Sentiments in
England during the Middle Ages_, p. 346.]
[Footnote 177: Holinshed, _op. cit._ i. 311. Blackstone, _Commentaries
on the Laws of England_, iv. 201. Cox, 'Hanging in Chains,' in _The
Antiquary_, xxii. 213 _sq._]
[Footnote 178: Strutt, _View of the Manners, &c. of the Inhabitants of
England_, ii. 8.]
We shall now consider whether these facts really contradict our thesis
that punishment is essentially an expression of public indignation.
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