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
So, also, the Hebrew psalmist cries out, "Who can understand his
errors? cleanse thou me from secret faults."[89] Unintentional error,
as Mr. Montefiore observes, would be as liable to incur divine
punishment as the most voluntary crime, if it infringed the tolerably
wide province in which the right or sanctity of Yahveh was
involved.[90] Whilst a deliberate moral iniquity was punished under
the penal law, a sin committed "through ignorance, in the holy things
of the Lord," required a sin- or trespass-offering for its
expiation.[91] Speaking of the developed sacrificial system of the
Jews, Professor Moore remarks, "The general rule in the Mishna is that
any transgression the penalty of which, if wilful, would be that the
offender be cut off, requires, if committed in ignorance or through
inadvertence, a _[h.]a[t.][t.][=a]th_ [or sin-offering]; the catalogue
of these transgressions ranges from incest and idolatry to eating the
(internal) fat of animals and imitating the composition of the sacred
incense, but does not include the commonest offences against
morals."[92] The Rabbis also maintained that a false oath, even if
made unconsciously, involves man in sin, and is punished as such.[93]
{230} We meet with a similar opinion in mediæval Christianity. The
principle laid down by St. Augustine,[94] and adopted by Canon
Law,[95] that "ream linguam non facit, nisi mens rea," was not always
acted upon. Various penitentials condemned to penance a person who, in
giving evidence, swore to the best of his belief, in case his
statement afterwards proved untrue.[96] In other cases, also, the
Church prescribed penances for mere misfortunes. If a person killed
another by pure accident, he had to do penance--in ordinary cases,
according to most English penitentials, for one year,[97] according to
various continental penitentials, for five[98] or seven[99] years;
whereas, according to the Penitential of Pseudo-Theodore, he who
accidentally killed his father or mother was to atone his deed with a
penance of fifteen years,[100] and he who accidentally killed his son
with a penance of twelve.[101] The Scotists even expressly declared
that the external deed has a moral value of its own, which increases
the goodness or badness of the agent's intention; and though this
doctrine was opposed by Thomas Aquinas, Bonaventura, Suarez, and other
leading theologians, it was nevertheless admitted by them that,
according to the will of God, certain external deeds entail a certain
accidental reward, the so-called _aureola_.[102] In some cases the
secular law, also, punishes misadventure on religious grounds. Thus
the Salic law treated with great severity any person who accidentally
put fire to a church, although it imposed no penalty on other cases of
{231} unintentional incendiary;[103] and even to this day the Russian
criminal law prescribes penitence for homicide by misadventure, "in
order to quiet the conscience of the culprit."[104] According to the
Public-domain text, read in full here on John Shaqi.
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