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
As Sir F. Pollock and Prof. Maitland rightly observe, it is not true
that barbarians will not trace the chain of causation beyond its
nearest link--that, for example, they will not impute one man's death
to another unless that other has struck a blow which laid a corpse at
his feet.[6] {306} Among the Wanyoro, should a girl die in childbirth,
the seducer is also doomed to die, unless he ransom himself by payment
of some cows.[7] Among the Wakamba, if a man is the second time guilty
of manslaughter in a state of drunkenness, the elders may either
sentence him to death, "or make the seller of drink pay compensation
to the family of the victim."[8] According to the native code of
Malacca, if vicious buffaloes or cattle "be tied in the highway, where
people are in the habit of passing and repassing, and gore or wound
any person, the owner shall be fined one tahil and one paha, and pay
the expense necessary for the cure of the wounded individual. Should
he be gored to death, then the owner shall be fined according to the
Diyat, because the owner is criminal in having tied the animal in an
improper place."[9] In the Laws of Alfred it is said that, if a man
have a spear over his shoulder and anybody stake himself on it, the
man with the spear has to pay the _wer_.[10] According to an ancient
custom, in vogue in England as late as the thirteenth century, one who
was accused of homicide was, before going to the wager of battle,
expected to swear that he had done nothing through which the dead man
had become "further from life and nearer to death";[11] and damages
which the modern English lawyer would without hesitation describe as
"too remote" were not too remote for the author of the so-called 'Laws
of Henry I.'[12] "At your request I accompany you when you are about
your own affairs; my enemies fall upon and kill me; you must pay for
my death.[13] You take me to see a wild beast show or that interesting
spectacle a madman; beast or madman kills me; you must pay. You hang
up your sword; some one else knocks it down so that it cuts me; you
must pay."[14] In all these cases you did something that helped to
bring {307} about death or wound, and you are consequently held
responsible for the mishap.
[Footnote 6: Pollock and Maitland, _History of English Law before the
Time of Edward I._ ii. 470.]
[Footnote 7: _Emin Pasha in Central Africa_, p. 83.]
[Footnote 8: Decle, _Three Years in Savage Africa_, p. 487.]
[Footnote 9: Newbold, _British Settlements in the Straits of Malacca_,
ii. 256 _sq._]
[Footnote 10: _Laws of Alfred_, 36.]
[Footnote 11: _Leges Henrici I._ xc. 11. Bracton, _op. cit._
fol. 141 b, vol. ii. 440 _sq._]
[Footnote 12: Pollock and Maitland, _op. cit._ ii. 470 _sq._]
[Footnote 13: _Leges Henrici I._ lxxxviii. 9.]
[Footnote 14: _Ibid._ xc. 11. Pollock and Maitland, _op. cit._ ii. 471.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account