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
accomplice unless he was an infamous person or a slave, taken, not in
his father-in-law's house, but in his own.[56] However, it seems that
in more ancient times the husband was entitled to kill an adulterous
wife;[57] and his right of self-redress in the case of adultery was
again somewhat extended by Justinian beyond the very narrow limits set
down by the Lex Julia.[58] According to an Athenian law, "if one man
shall kill another . . . after catching him with his wife, or with his
mother, or with a {292} sister, or with a daughter, or with a
concubine whom he keeps to beget free-born children, he shall not go
into exile for homicide on such account."[59] Ancient Teutonic law
allowed a husband to kill both his unfaithful wife and the adulterer,
if he caught them in the act;[60] according to the Laws of Alfred, an
adulterer taken _flagrante delicto_ by the woman's lawful husband,
father, brother, or son, might be killed without risk of
blood-feud.[61] In the thirteenth century, however, there are already
signs that, in England, the outraged husband who found his wife in the
act of adultery might no longer slay the guilty pair or either of
them, although he might emasculate the adulterer.[62] The present law
treats the killing of an adulterer taken in the act in the same way as
homicide committed in a quarrel; by slaying him, the husband is guilty
of manslaughter only, though, if the killing were deliberate and took
place in revenge after the fact, the crime would be murder. This seems
to be the only case in English law in which provocation, other than by
actual blows, is considered sufficient to reduce homicide to
manslaughter, if the killing be effected by a deadly weapon.[63] There
are corresponding provisions in other modern laws.[64] As a rule,
flagrant adultery does not justify homicide, but serves as an
extenuating circumstance.[65] But according to the French Code Pénal,
"dans le cas d'adultère . . . le meurtre commis par l'époux sur son
épouse, ainsi que sur le complice, à l'instant où il les surprend en
flagrant délit dans la maison conjugale, est excusable."[66] And in
Russia, though the law does not exempt from punishment a {293} husband
who thus avenges himself, the jury show great indulgence to him.[67]
Public-domain text, read in full here on John Shaqi.
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