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 Muhammedan law, the hand is not to be cut off for
stealing any article of food that is quickly perishable, because it
may have been taken to supply the immediate demands of hunger.[24] We
are told that "no Chinese magistrate would be found to pass sentence
upon a man who stole food under stress of hunger."[25] In ancient
Peru, according to Herrera, "he that robb'd without need was banish'd
to the Mountains Andes, never to return without the Inga's leave, and
if worth it paid the value of what he had taken. He that for want
stole eatables only was reprov'd, and receiv'd no other punishment,
but enjoyn'd to work, and threatened, that if he did so again, he
should be chastiz'd by carrying a stone on his back, which was very
disgraceful."[26] We even hear of savages who regard "compulsion by
necessity" as a ground of extenuation. Among the West African Fjort
robbery of plantations, committed in a state of great hunger, is
exempt from punishment in case there is no deception or secrecy in the
matter; however, payment for damage done is expected.[27] Cook says of
the Tahitians:--"Those who steal clothes or arms, are commonly put to
death, either by hanging or drowning in the sea; but those who steal
provisions are bastinadoed. By this practice they wisely vary the
punishment of the same crime, when committed from different
motives."[28]
[Footnote 24: Lane, _Manners and Customs of the Modern Egyptians_,
p. 121.]
[Footnote 25: Giles, _Strange Stories from a Chinese Studio_, ii. 217,
n. 5.]
[Footnote 26: Herrera, _General History of the West Indies_, iv. 337.]
[Footnote 27: Dennett, in _Jour. African Society_, i. 276.]
[Footnote 28: Cook, _Journal of a Voyage round the World_, p. 41 _sq._]
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