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
entire property of an impenitent heretic, a rule which was justified
on the ground that his crime is so great that something of his
impurity falls upon all related to him.[130] The Pope Alexander IV.
also excluded the descendants of an heretic to the second generation
from all offices in the Church.[131] Owing to religious influence,
illegitimate children were not only deprived of the title to
inheritance, but they were treated by some law-books as almost
rightless beings, on a par with robbers and thieves.[132] If a person
committed suicide, his goods were confiscated, and, according to a
French mediæval law, his wife was besides deprived of her own private
property.[133] Even in the latter half of the eighteenth century, in
France, in the case of an attempt made against the life of the king,
the whole family of the criminal was banished.[134] Nay, in various
European countries, up to quite recent times--in England till
1870--forfeiture of property has been the punishment prescribed for
certain crimes, including suicide;[135] which means, if not actually
the imposition of penalties on the survivors in a case where the
culprit himself is out of reach, at least a gross disregard of their
ordinary rights of property. It is hardly necessary to point out how
often, in the very society in which we live, "social punishments" are
inflicted upon children for their father's wrongs.
[Footnote 119: Douglas, _Society in China_, p. 71 _sq._ _Ta Tsing Leu
Lee_, sec. ccliv. p. 270.]
[Footnote 120: Bancroft, _Native Races of the Pacific States_, ii. 459.]
[Footnote 121: Meursius, _Themis Attica_, ii. 2, in Gronovius,
_Thesaurus Graecarum Antiquitatum_, v. 1968.]
[Footnote 122: Aristotle, _De republica Atheniensium_ 1. _Cf._
_ibid._ 20.]
[Footnote 123: Curtius Rufus, _De gestis Alexandri Magni_, vi. 11. 20.]
[Footnote 124: Dionysius of Halicarnassus, _Antiquitates Romanae_,
viii. 80.]
[Footnote 125: _Ibid._ viii. 80.]
[Footnote 126: _Codex Iustinianus_, ix. 47. 22.]
[Footnote 127: _Ibid._ ix. 8. 5.]
[Footnote 128: Laws of Cnut, ii. 77. _Cf._ Lappenberg, _History of
England under the Anglo-Saxon Kings_, ii. 414; Wilda, _op. cit._ p. 906.]
[Footnote 129: _Leges Edwardi Confessoris_, 19.]
[Footnote 130: Lecky, _History of Rationalism in Europe_, ii. 36,
n. 1. Eicken, _Geschichte und System der mittelalterlichen
Weltanschauung_, p. 572 _sq._ Paramo, _De origine et progressu Sancti
Inquisitionis_ p. 587 _sq._]
[Footnote 131: Eicken, _op. cit._ p. 573.]
[Footnote 132: _Ibid._ p. 573.]
[Footnote 133: Du Boys, _Histoire du droit criminel des peuples
modernes_, ii. 236.]
[Footnote 134: Hertz, _Voltaire und die französische Strafrechtspflege
im achtzehnten Jahrhundert_, p. 27.]
[Footnote 135: Stephen, _History of the Criminal Law of England_, i.
487 _sq._; iii. 105.]
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