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
Moral indignation, or disapproval, like non-moral resentment, is a
reactionary attitude of mind directed towards the cause of inflicted
pain. In a subsequent chapter we shall see that both are in a similar
way determined by the answer given to the question, What is the cause
of the pain?--a fact which, whilst strongly confirming their affinity,
throws light upon some of the chief characteristics of the moral
consciousness. Nay, moral indignation resembles non-moral resentment
even in this respect that, in various cases, the aggressive reaction
turns against innocent persons who did not commit the injury which
gave rise to it. The collective responsibility assumed in certain
types of blood-revenge is an evidence of this in so far as such
revenge is not merely a matter of individual practice, but has the
sanction of custom. And even punishment, which, in the strict sense of
the term, is a more definite expression of public, or moral,
indignation than the custom of private retaliation, is often similarly
indiscriminate.
Like revenge, and for similar reasons, punishment sometimes falls on a
relative of the culprit in cases when he himself cannot be caught. In
Fiji, says Mr. Williams, "the virtue of vicarious suffering is
recognised." It once happened that a warrior left his charged musket
so {44} carelessly that it went off and killed and wounded some
individuals, whereupon he fled himself. His case was judged worthy of
death by the chiefs of the tribe, and the offender's aged father was
in consequence seized and strangled.[107]
[Footnote 107: Williams and Calvert, _Fiji_, p. 24.]
In other cases an innocent person is killed for the offence of
another, not because the offender cannot be seized, but with a view to
inflicting on him a loss, according to the rule of like for like. The
punishment, then, is meant for the culprit, though the chief sufferer
is somebody else. According to the Laws of [Hv]ammurabi, "if a builder
has built a house for a man and has not made strong his work, and the
house he built has fallen, and he has caused the death of the owner,
that builder shall be put to death." But "if he has caused the son of
the owner of the house to die, one shall put to death the son of that
builder."[108] Similarly, "if a man has struck a gentleman's daughter
and caused her to drop what is in her womb, he shall pay ten shekels
of silver for what was in her womb." But "if that woman has died, one
shall put to death his daughter."[109] The following custom which Mr.
Gason reports, as existing among the Australian Dieyerie, in case a
man should unintentionally kill another in a fight, is probably based
on a similar principle:--"Should the offender have an elder brother,
then he must die in his place; or, should he have no elder brother,
then his father must be his substitute; but in case he has no male
relative to suffer for him, then he himself must die."[110]
[Footnote 108: _Laws of [Hv]ammurabi_, 229 _sq._]
Public-domain text, read in full here on John Shaqi.
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