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
Where the distinction between guilt and innocence is difficult to
draw, it may be wise policy to presume guilt. According to Sir R.
Burton, the Mpongwe jurists say that little or no difference is
generally made between wilful murder and accidental manslaughter in
order that people should be more careful;[119] and a similar idea may
lie at the bottom of the Dahoman law which punishes capitally any
person whose house takes fire, even if it happens accidentally.[120]
But the presumption of guilt is not only, nor in the first place,
owing to considerations of social utility, combined with a reckless
indifference to undeserved suffering. {237} The unreflecting mind is
shocked by the harm done, and cares little for the rest. It does not
press the question whether the harm was caused by the agent's will or
not. It does not make any serious attempt to separate the external
event from the will, and it is inclined to assume that there is a
coincidence between the two. This is not altogether bad psychology
since, as a rule, men will what they do. "Le fait juge l'homme," says
an old French proverb; and in morals, also, "the tree is known by the
fruit." However, there are cases of injuries in which not even
uncivilised men can fail to discover, at once, the absence of any evil
intention. This certainly does not mean that the injurer escapes all
censure. Every feeling of pain, sympathetic pain included, which is
caused by a living being, has a certain tendency to give rise to an
aggressive impulse towards its cause; hence savages, even though they
distinguish between intentional and unintentional harm, are inclined
to impute some degree of guilt to any person who involuntarily commits
a forbidden deed, though he be in reality quite innocent. But the
reason for this is only want of due reflection. If it is clearly
understood that a certain event is the result of merely external
circumstances, that it was neither intended by the agent nor could
have been foreseen by him, in other words, that it in no way was
caused by his will--then there could be no moral indignation at all.
It would be simply absurd to suppose that an outward event as such,
assumed to be absolutely unconnected with any defect of will, could
ever give rise to moral blame. Such an event could not even call forth
a feeling of revenge. Sudden anger itself cools down when it appears
that the cause of the inflicted pain was a mere accident. Even a dog,
as has been observed, distinguishes between being stumbled over and
being kicked.
[Footnote 119: Burton, _Two Trips to Gorilla Land_, i. 105.]
[Footnote 120: Ellis, _E[(w]e-speaking Peoples of the Slave Coast_,
p. 224.]
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