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
When we from the lower races pass to peoples more advanced in culture,
we find that the social unit has grown larger, that the nation has
taken the place of the tribe, and that the circle within which
homicide is prohibited as a crime of the first order has been extended
accordingly. But the old distinction between injuries committed
against compatriots and harm done to foreigners remains. Even when the
subject is not touched upon in the laws referring to homicide we may,
from the general attitude of the people towards members of other
nations, infer that public opinion is not very scrupulous as to the
taking of their lives. How the Chinese looked upon the "red-haired
barbarians," the "foreign devils," is well known from recent history.
In former days, Japan's attitude towards her neighbours and the whole
world was that of an enemy and not of a friend.[77] The Vedic hymns
are full of imprecations of misfortune upon men of another race.[78]
That among the ancient Teutons the lot of a stranger was not an
enviable one is testified even by language; the German word _elender_
has acquired its present meaning from the connotation of the older
word which meant an "outlandish" man.[79] The stranger as such--unless
he belonged to a friendly, neighbouring tribe--had originally no legal
rights at all; for his protection he was dependent on individual {338}
hospitality, and hospitality was restricted by custom to three days
only.[80] According to the Swedish Westgöta-Lag, he who killed a
foreigner had to pay no compensation to the dead man's relatives, nor
was he outlawed, nor exiled.[81] The Laws of King Ine let us
understand in what light a stranger was looked upon:--"If a far-coming
man, or a stranger, journey through a wood out of the highway, and
neither shout nor blow his horn, he is to be held for a thief, either
to be slain or redeemed."[82] However, as commerce increased and the
stranger was more often seen in Teutonic lands, royal protection was
extended to him; and a consequence of this was that thenceforth he who
killed the stranger had to pay a _wergeld_, part, or the whole, of
which went to the king.[83] In Greece, in early times, the
"contemptible stranger"[84] had no legal rights, and was protected
only in case he was the guest of a citizen;[85] and even later on, at
Athens, whilst the intentional killing of a citizen was punished with
death and confiscation of the murderer's property, the intentional
killing of a non-citizen was punished only with exile.[86] The Latin
word _hostis_ was originally used to denote a foreigner;[87] and the
saying of Plautus, that a man is a wolf to a man whom he does not
know,[88] was probably an echo of an old Roman proverb. Mommsen
suggests that in ancient days the Romans did not punish the killing of
a foreigner, unless he belonged to an allied nation; but already in
the prehistoric period a change was introduced, the foreigner being
placed under the protection of the State.[89]
Public-domain text, read in full here on John Shaqi.
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