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
According to ancient Welsh law, no vengeance is to be exercised
against an idiot,[156] nor is the king to have any fine for the act of
such a person.[157] But, "if idiots kill other persons, let _galanas_
[that is, blood-money] be paid on their behalf, as for other persons;
because their kindred ought to prevent them doing wrong."[158] The
Swedish provincial laws treated an injury committed by a lunatic in
the same manner as an injury by misadventure, provided that the
relatives of the injurer had publicly announced his madness, or,
according to some laws, had kept him tied in bonds which he had
broken; but if they had omitted to do so, the injury was treated as if
it had been done wilfully.[159] The Icelandic Grágás even lays down
the rule that a madman who has committed homicide shall suffer the
same punishment as a sane person guilty of the same crime.[160] In
England, in the times of Edward II. and Edward III., proof of madness
appears not to have entitled a man to be acquitted, at least in case
of murder, but to a special verdict that he committed the offence when
mad, and this gave him a right to pardon.[161] Such a right, indeed,
implies the admission that lunacy has a claim to forbearance; but from
what we know about the treatment of lunatics during the Middle Ages
and much later, we cannot be sure that the insane offender escaped
{273} all punishment. In a case which occurred in 1315, it was
presented that a certain lunatic wounded himself with a knife, and
finally died of his wounds; his chattels were confiscated.[162] Lord
Bacon says in his 'Maxims of the Law,' "If an infant within years of
discretion, or a madman, kill another, he shall not be impeached
thereof: but if he put out a man's eye, or do him like corporal hurt,
he shall be punished in trespass"; in these latter cases, "the law
doth rather consider the damage of the party wronged, than the malice
of him that was the wrong-doer."[163] In none of the German town-laws
before the beginning of the seventeenth century is there any special
provision for the offences of lunatics;[164] and, according to the
Statutes of Hamburg of 1605, though a madman who kills a person shall
not be punished as an ordinary manslayer, he is yet to be
punished.[165] In Germany recognised idiots and madmen were not seldom
punished with great severity, and even with death, in the seventeenth
and eighteenth centuries.[166] One of the darkest pages in the history
of European civilisation may be filled with a description of the
sufferings which were inflicted upon those miserable beings up to
quite modern times.[167] Many of them were burnt as witches or
heretics, or treated as ordinary criminals. For unruly and crazy
people, who nowadays would be comfortably located in an asylum,
whipping-posts and stocks were made use of. Shakespeare speaks of
madmen as deserving "a dark house and a whip";[168] and Swift observes
that original people like Diogenes and others, if they had lived in
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