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
To sum up:--The fact that punishments for offences are frequently
inflicted, or are supposed to be inflicted, by men or gods upon
individuals who have not committed those offences, is explicable from
circumstances which in no way clash with our thesis that moral
indignation is, in its essence, directed towards the assumed cause of
inflicted pain. In many cases the victim, in accordance with the
doctrine of collective responsibility, is punished because he is
considered to be involved in the guilt--even when he is really
innocent--or because he is regarded as a fair {70} representative of
an offending community. In other cases, he is supposed to be polluted
by a sin or a curse, owing to the contagious nature of sins and
curses. The principle of social solidarity also accounts for the
efficacy ascribed to vicarious expiatory sacrifices; but in many
instances expiatory sacrifices only have the character of a ransom or
bribe.
And whilst thus our thesis as to the true direction of moral
indignation is not in the least invalidated by facts, apparently, but
only apparently, contradictory, it is, on the other hand, strongly
supported by the protest which the moral consciousness, when
sufficiently guided by discrimination and sympathy, enters against the
infliction of penal suffering upon the guiltless. Such a protest is
heard from various quarters, both with reference to human justice and
with reference to the resentment of gods.
Confucius taught that the vices of a father should not discredit a
virtuous son.[261] Plato lays down the rule that "the disgrace and
punishment of the father is not to be visited on the children"; on the
contrary, he says, if the children of a criminal who has been punished
capitally avoid the wrongs of their father, they shall have glory, and
honourable mention shall be made of them, "as having nobly and
manfully escaped out of evil into good."[262] According to Roman law,
"crimen vel poena paterna nullam maculam filio infligere potest."[263]
"Nothing," says Seneca, "is more unjust than that any one should
inherit the quarrels of his father."[264] The Deuteronomist enjoins,
"The fathers shall not be put to death for the children, neither shall
the children be put to death for the fathers: every man shall be put
to death for his own {71} sin."[265] Lawgivers have been anxious to
restrict the blood-feud to the actual culprit. The Koran forbids the
avenger of blood to kill any other person than the manslayer
himself.[266] In England, according to a law of Edmund, the feud was
not to be prosecuted against the kindred of the slayer, unless they
made his misdeed their own by harbouring him.[267] So, also, in
Sweden, in the thirteenth century, the blood feud was limited by law
to the guilty individual;[268] and we meet with a similar restriction
in Slavonic law-books.[269]
[Footnote 261: _Lun Yü_, vi. 4. _Cf._ _Thâi-Shang_ 4.]
Public-domain text, read in full here on John Shaqi.
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