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
Among the Káfirs of the Hindu-Kush, "murder, justifiable homicide,
and killing by inadvertence in a quarrel, are all classed as one
crime, and punished in the same way. Extenuating circumstances are
never considered. The single question asked is, Did the man kill the
other? The penalty is an extremely heavy blood-ransom to the family of
the slain man, or perpetual exile combined with spoliation of the
criminal's property."[16] Parkyns tells us the following story from
Abyssinia:--A boy who had climbed a tree, happened to fall down right
on the head of his little comrade standing below. The comrade died
immediately, and the unlucky climber was in consequence sentenced to
be killed in the same way as he had killed the other boy, that is, the
dead boy's brother should climb the tree in his turn, and tumble down
on the other's head till he killed him.[17] The Cameroon tribes do not
recognise the circumstance of accidental death:--"He who kills another
accidentally must die. Then, they say, the friends of each are equal
mourners."[18] Among the negroes of Accra, according to Monrad,
accidental homicide is punished as severely as intentional.[19]
[Footnote 16: Scott Robertson, _Káfirs of the Hindu-Kush_, p. 440.]
[Footnote 17: Parkyns, _Life in Abyssinia_, ii. 236 _sqq._]
[Footnote 18: Richardson, 'Observations among the Cameroon Tribes of
West Central Africa,' in _Memoirs of the International Congress of
Anthropology_, Chicago, p. 203. See also Leuschner, in Steinmetz,
_Rechtsverhältnisse_, p. 24 (Bakwiri); _ibid._ p. 51 (Banaka and
Bapuku).]
[Footnote 19: Monrad, _Guinea-Kysten og dens Indbyggere_, p. 88.]
Yet it would obviously be a mistake to suppose that, at early stages
of civilisation, people generally look only at the harm done, and not
in the least at the will of him who did it. Even in the system of
private redress we often {220} find a distinction made between
intentional or foreseen injuries on the one hand, and unintentional
and unforeseen injuries on the other. In many instances, whilst
blood-revenge is taken for voluntary homicide, compensation is
accepted for accidental infliction of death.[20] And sometimes the
chief or the State interferes on behalf of the involuntary manslayer,
protecting him from the persecutions of the dead man's family.
[Footnote 20: _Cf._ Kohler, _Shakespeare vor dem Forum der
Jurisprudenz_, p. 188, n. 1.]
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