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
Whatever share indifference to human suffering may have had in all
these atrocities and all this misery, it is likely that
thoughtlessness, superstition, and ignorance have had a much larger
share. We have noticed that, when a certain deed gives a shock to
public feelings, the circumstances in which it has been committed are
easily lost sight of. Considering that the Chinese punish persons who
have killed their father or mother by pure accident, it is not
surprising that they punish madmen who kill a parent wilfully. Even a
man like Smollett, the well-known writer, thought it would be neither
absurd nor unreasonable for the legislature to divest all lunatics of
the privilege of insanity in cases of enormity, and to subject them
"to the common penalties of the law."[171] Moreover, as we have seen,
madness is often attributed to demoniacal possession,[172] and in
other cases it is regarded as a divine punishment.[173] From a pagan
{275} point of view this would make the lunatic an object of pity or
dread, rather than of indignation; as the Roman legislator said, the
insane murderer ought not to be punished, because his insanity itself
is a sufficient penalty.[174] But in Christian Europe, where up to
quite recent times men were ever ready to punish God's enemies, a
lunatic, who was supposed to have the devil in him, or whose
affliction was regarded as the visitation of God upon heresy or
sin,[175] was a hateful individual and was treated accordingly.
Finally, we have to take into account that the sensibility of a
lunatic was thought to be inferior to that of a sane person;[176] that
the mental characteristics of insanity were little understood; and
that, in consequence, many demented persons were treated as if they
were sane because they were thought to be sane, and others, though
recognised as lunatics, were treated as responsible because they were
thought to be responsible. The history of the English law referring to
insanity bears sad testimony to the ignorance of which lunatics have
been victims in the hands of lawyers.
[Footnote 171: Smollett, quoted by Tuke, _op. cit._ p. 96.]
[Footnote 172: See also Doughty, _Arabia Deserta_, i. 258 _sq._;
Westermarck, 'Nature of the Arab _[vG]inn_ illustrated by the Present
Beliefs of the People of Morocco,' in _Jour. Anthr. Inst._ xxix, 254;
Andree, _op. cit._ p. 2 _sq._; Tuke, _op. cit._ p. 1; Pike, _History
of Crime in England_, i. 39; von Krafft-Ebing, _op. cit._ p. 5.]
[Footnote 173: Plato, _Leges_, ix. 854. Esquirol, _Des maladies
mentales_, i. 336.]
[Footnote 174: _Digesta_, i. 18. 14; xlviii. 9. 9.]
[Footnote 175: Wood-Renton, _loc. cit._ p. 339.]
[Footnote 176: _Ibid._ p. 339.]
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