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
Professor Leist suggests that in ancient Greece, at a time when
blood-revenge was a sacred duty in the case of premeditated murder,
homicide committed without premeditation could be forgiven by the
avenger of blood.[92] Plato, in his 'Laws,' draws a distinction
between him "who treasures up his anger and avenges himself, not
immediately and at the moment, but with insidious design, and after an
interval," and him "who does not treasure up his anger, and takes
vengeance on the instant, and without malice prepense." The deed of
the latter, though not involuntary, "approaches to the involuntary,"
and should therefore be punished less severely than the crime
perpetrated by him who has stored up his anger.[93] Aristotle, also,
whilst denying that "acts done from anger or from desire are
involuntary,"[94] maintains that "assaults committed in anger, are
rightly decided not to be of malice aforethought, for they do not
originate in the volition of the man who has been angered, but rather
in that of the man who so angered him."[95] And he adds that "everyone
will admit that he who does a disgraceful act, being at the same time
free from desire, or at any rate feeling desire but slightly, is more
to be blamed than is he who does such an act under the influence of a
strong desire; and that he who, when not in a passion, smites his
neighbour, is more to be blamed than is he who does so when in a
passion."[96] Cicero likewise points out that "in every species of
injustice it is a very material question whether it is committed
through some agitation of passion, which commonly is short-lived and
temporary, or from deliberate, prepense, malice; for those things
which proceed from a short, sudden fit, are of slighter moment than
those which are inflicted by forethought and preparation."[97]
[Footnote 92: Leist, _Græco-italische Rechtsgeschichte_, pp. 325, 352.]
[Footnote 93: Plato, _Leges_, ix. 867.]
[Footnote 94: Aristotle, _Ethica Nicomachea_, iii. 1. 21.]
[Footnote 95: _Ibid._ v. 8. 9.]
[Footnote 96: _Ibid._ vii. 7. 3.]
[Footnote 97: Cicero, _De officiis_, i. 8.]
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